DACW27-8-25-347 North Fork NOA.pdf

m US Army Corps of Engineers® Louisville District

No. DACW27-8-25-347

NOTICE OF AVAILABILITY TO LEASE

PURPOSE: CAMPGROUND AND RECREATION AREA

SITE: NORTH FORK RECREATION AREA

PROJECT: ROUGH RIVER LAKE

LOCATION: BRECKINRIDGE COUNTY, KENTUCKY

DEADLINE

*Applications shall be submitted in a sealed envelope and the information below must appear in the lower left corner of the sealed Lease Application envelope:

Sealed Proposal Application for Lease of Real Property

To be opened:

Time: 1:00 p.m. EST Date: July 30, 2025 Notice of Availability No. DACW27-8-25-347

Submit Applications to:

U.S. Army Corps of Engineers CELRL-REC (Jones) Room 137 600 Dr. Martin Luther King Jr. Place Louisville, Kentucky 40202

PURPOSE

This Notice of Availability to Lease is for the purpose of soliciting proposals for development and operation of a major commercial concession (campground and related facilities and services) in furtherance of the objective of the Government to provide quality facilities and services for recreation, at reasonable prices to meet public demand, and at the same time allowing entrepreneurs to make a fair profit. Proposals for development of the area may include, but are not limited to, camping (RV, Cabins, Primitive) general store, pool area, restroom and shower facilities, playgrounds, dog park, trails (including dog-friendly trails), café/eatery/snack bar facilities, day use area, picnic areas, picnic shelters, swimming area, multi-lane boat ramps, courtesy docks, kayak/canoe rentals, outdoor classroom facilities, learning activities, and other related activities. Note: Marina or theme park style submissions will not be accepted.

PROJECT LOCATION AND DESCRIPTION

Rough River Lake – Rough River Lake is located in south central Kentucky in the counties of Breckinridge, Hardin, and Grayson. At full recreational pool the lake covers 5,100 acres and has 260 miles of shoreline.

The lake offers a variety of recreational opportunities including fishing, swimming, camping, boating, and hunting. Recreation areas vary from highly developed commercial operations to unimproved camping areas in response to the diverse demands of the lake’s broad market area.

North Fork Recreation Area – The proposed location is identified as the North Fork Recreation Area. The subject property includes 81 camp sites, an entrance station, two picnic shelters, 2 boat ramps, parking lots, 2 playgrounds, courtesy docks, ADA fishing pier, beach area, picnic sites, 4 comfort stations, 2 shower houses, concrete pad/basketball court, an electronic fee station, lift stations, and a dump station. The property is located approximately 1.5 miles northwest of McDaniels, Kentucky nearby where KY-259 crosses Rough River Lake. The approximate midpoint of the proposed footprint is at 37.630813°, - 86.436651°. The proposed leased area consists of approximately 46 acres, being portions of U.S. Government Tract Nos. F-603, F-615, and all of U.S. Tract Nos.

F-620, F-622, F-623, F-624, and F-625 in Breckinridge County as shown on Exhibit “A” and described in Exhibit “A-1”. General photos of the leased area are shown in Exhibit “A-2”.

Access - Access to the site from ramp onto I-64 West toward New Albany/St. Louis, traveling 22.3 miles. Take the IN-135, Exit Number 105, toward Palmyra/Corydon, onto IN-135 South toward Corydon, traveling 16.7 miles.

Continue on Bypass Road KY-79 for 2.1 miles. Turn right onto KY-79, traveling

10.1 miles. Continue on 1st Avenue, KY-79S for 495 feet. Turn a slight right onto US-60, traveling 11.8 miles. Turn left onto KY-259/KY-79, traveling 9.1 miles.

End at 9077 South Highway 259, McDaniels, Kentucky.

PROJECT OPERATION - The water level of the lake is subject to change.

Fluctuation of the lake may be from natural causes and from reservoir operational commitments. The U.S. Army Corps of Engineers, Louisville District, is implementing Interim Risk Reduction Measures to ensure life safety and to further protect the integrity of Rough River Dam. At this time, the Louisville District will target a summer pool elevation (water level) at Rough River Lake of 490, five feet below normal summer pool, until long-term repairs to the dam can be completed. Fluctuating water levels on the lake must be taken into consideration in the design and the daily operation of facilities.

Minimum Pool (Normal Winter) Elevation 470.0 Normal Pool (Summer) Elevation 495.0 Maximum Pool Elevation 540.0 Top of Dam Elevation 554.0

*Applicant assumes all risks associated with the potential for variation in pool levels.

SUBMISSION INSTRUCTIONS - Sealed applications, in duplicate, subject to conditions contained herein, will be received at the US Army Corps of Engineers District Office, CELRL-REC, P.O. Box 59, Room 137, Louisville, Kentucky 40201 until 1:00 p.m. EST, July 30, 2025 for leasing of property of the United States, Rough River Lake Project, for commercial concession purposes. Applications to be delivered in person should be delivered to Room 137 of the Romano Mazzoli Federal Building at 600 Dr. Martin Luther King Jr. Pl, Louisville, Kentucky 40202.

Applications will not be accepted after 1:00 p.m. EST, July 30, 2025.

Modifications of applications may be made and resubmitted in sealed envelopes up to that time. Provide name, address, and telephone number of the applicant and, if applicable, the name, address, and telephone number of a representative authorized to act on behalf of the applicant during the course of the project.

Should you have questions regarding this notice, please submit your written questions to the above address or contact Kimberly Jones, Realty Specialist at (502) 315-6988 or kimberly.s.jones@usace.army.mil.

The right is reserved to the United States, as the interests of the Government may require, to reject at any time any and all applications, to waive any informality in applications received, and to accept or reject any item of any application unless such application is qualified by specific limitation. Applicants should be aware of this risk and in the event of a cancellation of this NOA they will have no claim against the Government for any costs incurred.

mailto:kimberly.s.jones@usace.army.mil

GENERAL INFORMATION AND

REQUIREMENTS FOR APPLICATIONS

1. AUTHORITY OF LAW. The authorization or authority of law for granting this lease is Section 4 of the Act of Congress approved December 22, 1944, as amended, (16 U.S.C. § 460d).

2. UTILITES.

a. Public water supply is available in the area.

b. Electric power is available in the area.

c. Securing access to, and use of utilities, will be the responsibility of the successful applicant as stated in the application requirement 19.o.

“Source of Utilities” below.

3. ZONING. North Fork Recreation Area is located within Falls of Rough, Breckinridge County, Kentucky. There are no known restrictions to prevent development of a commercial concession. All required zoning approvals will be the responsibility of the successful applicant as stated in the application requirement 19.n. “Zoning Restrictions” below.

4. COMPLIANCE. The Government is required to evaluate the potential site and proposed development based on provisions in the National Environmental Policy Act (NEPA), Comprehensive Environmental Response, Compensation and Liability Act (CERCLA), the National Historic Preservation Act (NHPA), Endangered Species Act, Clean Water Act, and other legal and regulatory requirements.

5. REJECTION OF PROPOSAL. The right is reserved, as the interests of the Government may require, to reject at any time any and all applications, to waive any informality in applications received, and to accept or reject any items of any applications unless such application is qualified by specific limitation. All actions required in this Notice of Availability shall be accomplished at the risk of the applicant and at the expense of the applicant without claim against the Government.

6. NEGOTIATIONS. In the event that the successful applicant fails to enter into a lease within ten (10) days after receipt of Government notification that his/her application has been delivered, or in the event that the successful applicant fails to otherwise comply with the terms of this Notice of Availability to Lease, the Government may declare the applicant ineligible in writing, giving the applicant ten (10) days to respond accordingly. If the applicant remains ineligible, the Government may then select the next highest rated applicant.

7. LEASE TERM. The lease term will be based on delegated authority and the amount of development proposed by the successful applicant.

8. LEASE AGREEMENT. Please note in the sample lease, among other provisions; all applicants must agree to abide by Executive Orders 13658 and 13706, Conditions 39-41 in sample lease Exhibit “F”; all facilities must be in compliance with the Americans with Disabilities Act (ADA); full or part-time residency is prohibited; the length of stay for campsite developments on Government property is limited to 30 days in any 60-day period, Options for enrollment in the Seasonal Camping Program are available see Exhibit “J”.

Rental payments are derived from a graduated rental scale IAW Condition 2.

Consideration. Leasing of any existing Government improvements will be IAW Condition 7. Condition of Premises.

9. DISPUTES. Persons may protest the terms of the Notice of Availability to Lease before applications are due by writing Ashley N. Klimaszewski, Chief of Real Estate, Real Estate Contracting Officer, Louisville District, U.S. Army Corps of Engineers, who shall mail or otherwise furnish a written copy of the decision to the protestor. The Chief of Real Estate should consider such protest within sixty

(60) days from delivery but may continue the NOA award process.

Except as otherwise provided in this proposal, any protest, by a qualified lease applicant, concerning a question of fact or law arising under this application which is not disposed of by agreement may, within thirty (30) days of the date of the Government rejection letter to that applicant, be protested to Ashley N.

Klimaszewski, Chief of Real Estate, Real Estate Contracting Officer, Louisville District, U.S. Army Corps of Engineers, who shall mail or otherwise furnish a written copy of the decision to the lease applicant. In connection with any written protest proceedings under this provision, protestor should clearly:

(1) Identify the Notice of Availability in question:

(2) Identify contact parties;

(3) State the reasons for the protest;

(4) Provide documentation in support of the protest, and;

(5) State the desired result.

The decision of the Chief of Real Estate, or her duly authorized representative for the determination of such protest, shall be final and conclusive.

The Chief of Real Estate reserves the right to establish management objectives and requirements designed to achieve objectives. These following objectives are not subject to the dispute process:

(1) Minimum facility development as described in the Notice of Availability to Lease

(2) Five-Year Development Plan

(3) Operation and Management Plan

(4) Detailed Data Sheet on proposed facilities

(5) Draft lease with site specific conditions

The Chief of Real Estate will determine whether a lease should be stayed during the protest process. There is a presumption that a lease should be awarded contingent on the outcome of the protest process. Therefore, pending final decision of a dispute, a lessee awarded the lease shall proceed diligently with the performance of the lease and in accordance with the Chief of Real Estate’s decision.

10. PROPERTY INSPECTION. To arrange for inspections of the property proposed to be leased, you should contact the Rough River Lake Project office by mailing to: U.S. Army Corps of Engineers, Rough River Lake, 14957 Falls or Rough Road, Falls of Rough, Kentucky 40119, or by calling (270) 257-2061.

11. MINIMUM FACILITY REQUIREMENTS. The Minimum Facility and Service Requirements for a submission to be considered are shown in Exhibit “B”. Any submission that does not meet those requirements WILL NOT be considered.

12. PROPOSAL - PHASES I & II.

a. Phase I proposals must be submitted no later than 1:00 pm EST, July 30, 2025. The Selection Committee will review all submittals and rank them based on the Selection Criteria and Point System identified in Exhibit “C”. The successful applicant must demonstrate they have the necessary financial resources to complete their conceptual master development plans and have sufficient funds to operate the business. Only one applicant will be chosen to move to Phase II. A backup applicant may be selected in the event the original applicant fails to submit required documentation. The successful and unsuccessful applicants will be notified as to the outcome of the Phase I evaluation.

b. Phase II will require detailed engineered drawings and detailed five-year development plans. At this point, the Government is required to evaluate the potential site or sites based on provisions in the National Environmental Policy Act (NEPA), the National Historic Preservation Act (NHPA), Endangered Species Act, Clean Water Act, Comprehensive Environmental Response, Compensation and Liability Act (CERCLA), and other legal and regulatory requirements. These requirements must be completed by the applicant prior to final negotiations and award of a lease. Section 110(k) of the NHPA (54 U.S.C.§ 306113) must be followed by the applicant with regard to any “anticipatory demolition” or other ground disturbing activities intended to avoid the requirements of a Section 106 review (54 U.S.C. 306108). Minimum facility and service requirements may be modified to include additional development, i.e., requirements for facilities and services may be increased or decreased if specific preliminary site selections dictate; if substantiated by the successful applicant in their proposal; if the final market analysis and feasibility study provide reasons for adjustments; etc.

13. ADMINISTRATIVE FEES. The successful applicant selected for Phase II will be required to cover all costs associated with the review efforts of the U.S Army Corps of Engineers. The Secretary of the Army is authorized to accept amounts provided to cover administrative costs incurred in entering into the real property transactions under 10 U.S.C. § 2695.

14. PLANS REQUIRED OF SUCCESSFUL APPLICANT. Upon notice of award to the successful applicant, the following must be provided within 120 days for review and approval by the Real Estate Contracting Officer:

1. Final Master Development Plan assembled in a professional manner at a scale of 1” =100’ and shall include landscaping plan. The plan must also include development for construction proposals both on Government and private property, to include access roadways, utility installation, parking lots, campgrounds, grading, tree clearing, etc. Requirements of this plan are listed below in Exhibit “H” Master Development Plans. Final plans from the successful applicant must avoid environmentally sensitive areas.

2. A sign plan in conformance with the prevailing Corps of Engineers sign regulation, Exhibit “D”. The sign regulation will be a part of the final lease agreement conditions.

*Any revision in the plans after approval by the Corps of Engineers shall require additional written approval by the Real Estate Contracting Officer prior to implementation of the revisions or construction of any facilities.

Revisions may require additional evaluation at the expense of the applicant.

15. AWARD OF LEASE. A lease will be awarded to the applicant who is most responsive to this Notice of Availability, provided that the application covers all the terms and conditions of the Notice, the application is reasonable, environmentally acceptable and capable of being permitted, and it is in the interest of the Government to issue the lease. The applicants will be scored in accordance with the Selection Criteria and Points System as shown in Exhibit “C”.

16. APPLICANT ASSUMES ALL RISK. Applicants assume all potential financial risks associated with responding to this Notice of Availability.

The Government makes no guarantees or assurances, beyond what is contained in this Notice, as to the condition of the potential lease site.

Applicants will have no claim against the Government for expenses they incur in responding to this Notice of Availability. The Government reserves the right to withdraw this NOA at any time if it is determined to be in the best interest of the Government.

17. APPLICATION CONDITIONS.

a. It is the responsibility of the applicant to make sure that all Notice of Availability to Lease provisions and sample lease provisions are understood and the conditions of the premises proposed for lease are known. Prior to selection and final award of the lease, the Corps will conduct a pre-lease conference with the successful applicant. At this conference, provisions of the draft lease will be reviewed, Corps policies will be discussed, and, at the conclusion, the applicants will be required to sign an acknowledgement attesting to the conference and the information provided therein.

b. It will be the successful lessee’s responsibility to provide and maintain all facilities and utilities necessary to serve the lease area at no cost to the Government. The lessee will furnish all labor, equipment, and supplies to provide public access to the facility. All areas on Government property must remain open to the general public, and no private exclusive use of the government property will be permitted. An Inventory and Condition Report will be agreed upon at the time of the lease award to designate such Government-owned improvements, Exhibit “I”. Lessee-owned areas may receive user designations as approved in writing by the Real Estate Contracting Officer for the public patrons; however, all existing Government-owned improvements, including launching areas, will remain open for use by the general public on a first come-first-served basis.

c. Development of the facilities on the premises must commence within one hundred eighty (180) days from the date of the execution of the lease, unless otherwise provided in writing by the Real Estate Contracting Officer. Any modifications or alterations to facilities, services or structures at the time of the final award of lease must be submitted for approval prior to construction of the facility or offering of the service.

d. The lessee will not be allowed to provide facilities for or offer for sale or lease any “timeshare” interest in any facilities, accommodations, or personal property on the leased premises or in any portion of the leased premises.

e. By submittal of an application, the applicant agrees to provide non-discrimination and civil rights assurances, if applicable. Applicant also agrees to abide by Executive Orders 13658 and 13706. Refer to Conditions 39, 40 and 41 of sample lease Exhibit “F”.

f. The information provided by the applicant may be used by the Corps to conduct a comprehensive background check and credit check. All questions may be directed to: Kimberly Jones, U.S. Army Corps of Engineers,

(502) 315-6988 or Kimberly.S.Jones@usace.army.mil.

18. PROJECTED SEQUENCE OF EVENTS AND DEADLINES.*

EVENT

Publish NOA Phase I Submission deadline Phase I Selection

DEADLINE

March 24, 2025 July 30, 2025 September 4, 2025

Phase II Submission deadline Pre-lease Conference Award of lease

November 3, 2025

TBD

Target: January 30, 2026

*This is only a projected sequence of events and deadlines. The Government may modify, as appropriate, the timelines for reasonable cause. The Phase I submission deadline dates will not be changed.

19. PHASE I APPLICATION REQUIREMENTS. Requirements and conditions for Phase I of the application process are as follows. Failure to meet all these requirements and conditions may be grounds for rejection of applications.

a. Timeliness – All applications must be received by the Louisville District Corps of Engineers Real Estate Division in a properly marked, sealed envelope no later than the stated NOA deadline, 1:00 PM EST, July 30, 2025.

b. Purpose – The applicant's submittal must clearly meet the expressly stated purpose of the NOA, i.e., "for development and operation of a major commercial concession (campground and related facilities and services and supporting facilities and services) in furtherance of the objective of the Government to provide quality facilities and services at reasonable prices to meet the demonstrated public demand for land-based recreation and at the same time allowing entrepreneurs to make a fair profit.”

c. Deposit – The applicant will submit a refundable application fee of Ten Thousand Dollars ($10,000.00), payable to F&A Officer, USACE Louisville District. The deposit will apply to future rental payments required by the lease for successful applicants. Deposits will be refunded to unsuccessful applicants within ten (10) working days from the date of the decision by the selection committee.

https://10,000.00 mailto:Kimberly.S.Jones@usace.army.mil

d. Performance of Contract - The applicant will be required to provide a 5-year Surety Bond issued by a surety corporation licensed by an appropriate state regulatory entity, a performance deposit, or an irrevocable letter of credit issued by a Federally insured financial institution in a form satisfactory to the District Engineer in the amount of $100,000.00.

e. Application Agreement – In addition to the deposit requirement, applicants must sign the attached application Exhibit “G”, which constitutes an agreement that the applicant will abide by all the terms and conditions and provide all the information required by the lease award process. Failure to provide the executed document may result in denial of the application.

f. Criminal Background Check – The applicant must pass a criminal background check no more than 90 days prior to the due date of this NOA. An additional background check may be required during the Phase II application process and no more than 90 days prior to lease issuance. A fingerprint background check may be required. Name-based background results from a third-party commercial vendor are accepted that are dated within 90 days.

g. Market Analysis and Feasibility Study – The application is to include general information supporting the proposed development. Supporting data should include market analysis information establishing the specific unmet demand for the proposed facilities and services. The market information is to also reflect economic data, income and expenditures (cash flow) from the proposed development supporting the economic feasibility of the proposal. The study should provide where the projected demand will be generated, i.e., new roadways, residential and commercial developments, new recreational developments in the area, existing but not serviced demand, etc. A comprehensive detailed market analysis and feasibility study will be required as part of the proposal process. Refer to Exhibit “E” for the scope of work for developing the market analysis.

h. Environmental and Cultural Resource Acceptability – Environmentally sensitive areas should be entirely and appropriately avoided in the overall conceptual Development Plans and long-term management plans. No buildings, structures or archaeological sites should be damaged or destroyed on public or private lands that would trigger the provisions of the “anticipatory demolition” clause of the NHPA. Before any ground disturbing activities associated with developing Pike Ridge Recreation Area can occur, the Section 106 process under the National Historic Preservation Act (NHP) will be followed for the identification of historic properties to include buildings, structures, and archaeological sites under 36CFR800.4(a-b).

https://100,000.00

i. Master Development Plan – Depict the general location of all facilities, including the Government boundary and any applicable private boundary lines.

The master plan should reflect all the areas necessary to accommodate the proposed initial and long-range development. All facilities, utilities, roadways and recreation amenities, etc. located on private and Government property must be included. Estimated costs, environmental quality, integration with the lake setting, and construction sequencing and phasing are all important details to include in the master development plan. The plan may be conceptual in nature, and it must include, at a minimum, those facilities and services listed in Exhibit “H”.

j. Long Term Management Plan – The plan should identify three or more key personnel related to accounting, on-site management, and repair by individual and/or company name with relevant and verifiable qualifications. The management plan should include maintenance schedules for grounds maintenance, garbage collection and disposal, and schedule.

k. Financial Capability (Note: All financial data will be held in confidence)

(1) Each applicant must provide the names, addresses, and telephone numbers of at least two commercial or institutional credit references from which the applicant has previously obtained financing. You must also attach a letter authorizing each credit reference to respond to inquiries from the Government.

(2) Each applicant/principle must provide a complete and current financial statement:

(a) If the applicant is a corporation or limited partnership, you must provide a complete and current financial statement prepared by an independent certified public accountant (CPA) or by an independent licensed public accountant (LPA).

(b) If the applicant is an individual or partnership, you must provide a complete and current personal financial statement.

(3) Provide a preliminary budget with pro forma financial statements including projected cash flow and estimated operating costs. Also include detailed plans of financing including commitment letters from proposed lenders covering all projected financing for the conceptual five-year development plan.

Identify all interim and permanent sources of funds and include copies of loan documents used to implement the assignment.

l. Experience and Background

(1) List any/all previous business endeavors with a description of the business operations and status.

(2) Provide a description of any management qualifications and experience.

(3) Provide third party personal and business references.

(4) If applicant is a corporation it must provide:

(a) Articles of incorporation and by-laws.

(b) Names, addresses, dates of birth, and social security numbers of officers and participating principles and all addresses they have used for the last ten (10) years.

(c) Summary of corporate activity.

(5) If applicant is a partnership, it must provide:

(a) The partnership agreement.

(b) Names, addresses, dates of birth, and social security numbers of officers and participating principles and all addresses they have used for the last ten (10) years

(6) If the applicant is a sole proprietor, he/she must provide his/her social security number, date of birth, current address, and all addresses used for the last ten (10) years.

m. Real Estate Rights – Applicants must present evidence of fee simple title or documentation as to ownership or documentation of sufficient other real estate rights of any adjacent or nearby private property required to support the proposed development. A fully executed option to purchase for consideration, lease or easement options of private property will be sufficient for the Phase I evaluations. Any sales agreement should contain a condition that the sale is contingent on the Corps’ approval of the lease assignment. However, a conveyance of sufficient real estate rights to the property is required prior to execution of the lease. Evidence must be provided documenting roadway access to the proposed site from appropriate other public roadways, if not provided on Corps property. A lease agreement with the Corps of Engineers will be required for use, occupation and development of Government property. If sublease agreements are proposed in the operation of the lease area, the subleasing plan shall be provided in final form, i.e., executed documents to include valid business license, with the submission of proposal.

n. ZONING RESTRICTIONS – Evidence that the proposal does not conflict with the proposed development on adjacent private property, if applicable, i.e.

waiver from zoning restrictions, etc., must be provided in your application. All local restrictions applying to private property, particularly zoning restrictions, must be complied with or a waiver obtained from the local governing body and/or the Real Estate Contracting Officer.

o. SOURCE OF UTILITIES – The proposal should provide the source of all necessary utilities, including water, sewer, electric, telephone, etc. Specific information relative to water and sewer utility providers, electric power companies, telephone service companies, etc., is to be identified in the proposal.

If services are not currently available on the proposed site, commitment letters from each utility are required.

20. PHASE II APPLICATION REQUIREMENTS. Applicants who are selected for Phase II must provide the following requirements and conditions. Failure to meet all these requirements and conditions may be grounds for rejection of application.

a. Detailed Engineering Drawings – Phase II requires successful applicant to provide detailed engineering drawings at a scale of 1” =100’ and shall include landscaping plan. The plan must also include development for construction proposals both on Government and private property, to include access roadways, parking lots, utility installation, campgrounds, grading, tree clearing etc.

Requirements of this plan are listed below in Exhibit “H” Master Development Plan. Final plans from successful applicant must entirely avoid an environmentally sensitive area.

b. Five-Year Development Plan - Applicants are required to include plans for the development of the lease area. The Development Plan must include, at a minimum, those facilities and services listed in Exhibit “B”. Additional facilities and services may be proposed as determined appropriate for use by the general public. This plan may be conceptual in nature and should be in 1-year increments over a 5-year period. It must identify the facility and service, the year it will be provided, and the estimated cost to develop each. The first year of development cannot be waived and must be completed in accordance with the Development Plan. All proposed facilities and activities shall be in accordance with the Development Plan subject to approval by the Real Estate Contracting Officer after acquisition of lease area.

c. Criminal Background Check – A background check will be required during the Phase II application process and no more than 90 days prior to lease issuance. A fingerprint background check may be required. Name-based background results from a third-party commercial vendor are accepted that are dated within 90 days prior to lease.

d. Compliance with Federal policies – During Phase II, the Government is required to evaluate the potential site and proposed development based on provisions of the National Environmental Policy Act (NEPA), National Historic Preservation Act (NHPA), Endangered Species Act, Clean Water Act, Comprehensive Environmental Response, Compensation and Liability Act (CERCLA) and other legal and regulatory requirements. Section 110(k) of the NHPA (54 U.S.C.§ 306113) must be followed by the applicant with regard to any “anticipatory demolition” or other ground disturbing activities intended to avoid the requirements of a Section 106 review (54 U.S.C. 306108). The applicant must not anticipatorily damage or destroy any buildings, structures, or archaeological sites on public or private property associated with the proposed development. Such activities may trigger the provisions of the anticipatory demolition clause of the NHPA and result in the denial of the application.