Compensating for Wetland Losses Under the Clean Water Act (2001)
Chapter: Appendix I Functions, Factors, and Values Considered in Section 404 Permit Reviews
Appendix I
Functions, Factors, and Values Considered in Section 404 Permit Reviews
In 33 CFR 320.4, there is a series of 17 factors that must be reviewed prior to making a final determination on the project. Paragraphs (a) and (b) of this section are the public interest review and the review of the project's effect on wetlands. Both list a series of functions that must be considered in each case, where appropriate.
Factors considered in the “Public Interest” review include1
conservation,
aesthetics,
wetlands,
fish and wildlife values,
floodplain values,
navigation,
recreation,
water quality,
safety,
mineral needs,
economics,
general environmental concerns,
historic properties,
flood hazards,
land use,
shore erosion and accretion,
water supply and conservation,
energy needs,
food and fiber production,
considerations of property ownership, and the needs and welfare of the people.
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1 |
Factors listed in 33 CFR 320.4(a)(1). |
Functions, factors and values considered in the “Effect on Wetlands” review include2
significant natural biological functions, including food chain production, general habitat and nesting, spawning, rearing and resting sites for aquatic or land species;
study of the aquatic environment or as sanctuaries or refuges;
natural drainage characteristics;
sedimentation patterns;
salinity distribution;
flushing characteristics, current patterns, or other environmental characteristics;
shielding other areas from wave action, erosion, or storm damage;
storage areas for storm and flood waters;
ground water discharge areas that maintain minimum baseflows important to aquatic resources;
prime natural recharge areas;
significant water purification functions; and
wetlands which are unique in nature or scarce in quantity to the region or local area.
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2 |
33 CFR § 320.4 (b)(2) Public Interest Review |
