EP 1165-2-1
30 Jul 99
(c) The extent and permanence of the beneficial and/or
detrimental effects which the proposed structure or work may have on
public and private uses to which the area is suited.
b.
Effect on Wetlands.
(1) Some wetlands are vital areas that constitute a productive
and valuable public resource. The unnecessary alteration or
destruction of those areas should be discouraged as contrary to the
public interest.
(2) Wetlands considered to perform functions important to the
public interest are listed in Chapter 20, paragraph 20-3.
(3) Although a particular alteration of wetlands may
constitute a minor change, the cumulative effect of numerous such
piecemeal changes often results in a major impairment of the wetland
resources. Thus, the wetland site to which a particular application
relates will be evaluated with the recognition that it is part of a
complete and interrelated wetland area.
(4) No permit will be granted which involves the alteration of
wetlands identified as important unless the district commander
concludes, based on the public interest review, that the benefits of
the proposed alteration outweigh the damage to the wetlands resource
and the proposed alteration is necessary to realize those benefits.
In evaluating whether a particular alteration is necessary, the
district commander shall consider whether the proposed activity is
primarily dependent on being located in, or in close proximity to the
aquatic environment or whether practicable alternative sites are
available. The applicant must provide sufficient information on the
need to locate the proposed activity in the wetland and must provide
data to evaluate the availability of practicable alternative sites.
(5) The congressional policy expressed in the Estuary
Protection Act, Public Law 90-454, and state regulatory laws or
programs for classification and protection of wetlands will also be
given great weight.
c. Fish and Wildlife. In accordance with the Fish and
Wildlife Coordination Act, the Corps of Engineers will consult with
the Regional Director, U.S. Fish and Wildlife Service, the Regional
Director, National Marine Fisheries Service, and the head of the
agency responsible for fish and wildlife for the state in which the
work is to be performed, with a view to the conservation of wildlife
resources by prevention of their direct or indirect loss and damage
due to the activity proposed in a permit application. The district
commander will give full consideration to these views in evaluating
the application.
d. Water Quality. Applications for permits for activities
which may affect water quality will be evaluated for compliance with
applicable effluent limitations, water quality standards, and best
management practices. Certification by the state under provisions of
Section 401 of the CWA will be considered conclusive with respect to
water quality considerations unless the Regional Administrator, EPA,
advises of other water quality aspects to be taken into consideration.
Any permit issued may be conditioned to implement water quality
protection measures.
e. Historic, Cultural, Scenic, and Recreational Values.
Application for permits may involve areas which possess recognized
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