Wetlands which provide natural filtration and purification of
c) Evaluation of any wetlands alterations must show that the benefits of
the proposed alteration outweigh unavoidable damage to the wetlands. When performing
this evaluation, the District Engineer must consider whether the proposed activity is
dependent on being located in, or in proximity to, the wetlands and whether practicable
alternative sites are available. The District Engineer's decisions will be weighted by
Congressional policy expressed in the Estuary Protection Act and state wetlands program.
d) The Division Engineer will consult with and give great weight to the
views of the US Fish and Wildlife Service, National Marine Fisheries Service, and their
state counterparts concerning minimizing direct and indirect losses and damages to
wildlife resources caused by the proposed activity.
e) The Corps will review the permit application to evaluate whether the
proposed activity will comply with water quality standards and any applicable effluent
limitations. The water quality certification required by Section 401 of the CWA is
considered conclusive with respect to water quality considerations unless the EPA
mandates that other water quality issues be evaluated.
f) The Corps will strive to ensure that the proposed activity is, insofar
as possible, consistent with and avoids significant adverse effects on areas which
possess recognized historic, cultural, scenic, conservation, recreational, or similar
g) If the proposed activity would affect the coastline or baseline of the
territorial seas, the Corps must consult with the Attorney General and Solicitor of the
Department of Interior.
h) Permit applications will be evaluated as to the potential for proposed
actions to adversely affect others, interfere with a riparian owner's access to
navigable water of the United States, affect or be affected by a federal water resource
project, or be incompatible with federal projects under construction.
i) Applications will be reviewed for consistency and compatibility with
approved Coastal Zone Management Plans.
j) If a proposed action affects a marine sanctuary, the Secretary of
Commerce must certify that the action can be accomplished within the regulations
pertinent to such areas.
Processing of Corps permit applications may involve concurrent
processing of required other Federal, state, or local approvals. A Corps' permit may be
approved prior to final approval of other certifications or required approvals.
However, if other Federal, state, or local certifications are denied prior to final
action on a Corps' permit application, the Corps' permit will be approved prior to final