S2_11-15-04

• Basin: Statewide
• Title: SWSI Phase 1 Report - Section 2 Statewide Demographic, Economic, and Social Setting
• Date: 11/15/2004
• Author: CWCB
• SWSI - Doc Type: Final Report

Section 2
Statewide Demographic, Economic, and Social Setting
The basic premise of the program is that no discharge of
dredged or fill material can be permitted if a practicable
alternative exists that is less damaging to the aquatic
environment or if the nation's waters would be
significantly degraded. In applying for a permit, the
applicant must show that steps have been taken to avoid
wetland impacts where practicable, potential impacts to
wetlands have been minimized, and compensation has
been provided for any remaining, unavoidable impacts
through activities to restore or create wetlands.
The basic form of authorization used by USACE is the
individual permit. Processing such permits involves
evaluation of individual, project-specific applications in
what can be considered three steps: pre-application
consultation (for major projects), formal project review,
and decisionmaking. Of great importance to the project
evaluation is the USACE public interest balancing
process. The public benefits and detriments of all factors
relevant to each case are carefully evaluated and
balanced.
The following general criteria for the public interest
review are considered in the evaluation of the permit
application (33 CFR 320.4(a)(2)): 1) the extent of the
public and private need for the project; 2) whether there
are practicable alternative locations or methods that may
be used to accomplish the objective of the proposed
project where unresolved conflicts exist as to the use of a
resource; and 3) the extent and permanence of the
beneficial or detrimental effects the proposed work is
likely to have on the private and public uses of impacted
lands and water.
USACE is required to comply with NEPA prior to issuing
a 404 permit. However, if an EIS is developed by another
federal agency, separate NEPA compliance by USACE
is not required. The decision on whether to authorize or
deny the permit application is determined by the outcome
of this evaluation. USACE may perform an alternatives
analysis, and require compensatory mitigation, or other
conditions, to address environmental impacts for all
permits. Mitigation is a component of USACE's
regulatory program. The amount of mitigation required is
commensurate with the anticipated impacts of the
project. The goal of mitigation is to replace resource
functions and mitigate other impacts.
2.5.1.2 Section 401
Section 401 of the federal CWA states that any applicant
for a federal permit to conduct any activity that may result
in any discharge into the navigable waters shall provide
the permitting agency with a certification from the state
that any such discharge will comply with state
regulations. Thus, anyone needing a 404 permit must
also obtain 401 certification from the state to ensure
maintenance of state water quality standards by the
activity, both during construction and operation. The
primary purpose of 401 certification is to assure that the
issuance of these federal permits and licenses will result
in compliance with state water quality requirements.
In Colorado, CDPHE Regulation No. 82 (401 Certification
Regulation) authorizes the WQCD to certify, conditionally
certify, or deny certification of federal licenses and
permits in accordance with Section 401 of the federal
CWA and sets forth Best Management Practices (BMPs)
applicable to all certifications except for Federal 402
permit certifications, and the procedures for developing
conditions to be included with certification, where
necessary. Certifications issued by WQCD apply to both
the construction and operation of the project and apply to
the water quality impacts associated with the project.
Denial of certification triggers denial of the federal permit
or license for which certification is requested.
2.5.2 National Environmental Policy Act
The intent of NEPA is to have federal agencies consider
environmental issues in all decisionmaking. The act
requires full disclosure about major actions taken by
federal agencies and accompanying alternatives,
impacts, and possible mitigation. This act also requires
that environmental concerns and impacts be evaluated
during planning and decisionmaking.
Proposed federal actions triggering NEPA include
construction of a project, permits and/or authorizations
from federal agencies, federal funding, contracts with
federal agencies, and easements or rights-of-way with
federal agencies required to cross federal lands, or any
other action where a federal decision is required. Once it
has been established that there is a proposed federal
action, the next step is to determine relevant
environmental issues, the potential magnitude of
environmental impacts, and the appropriate level of
NEPA documentation.
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Statew~itle Water Supply Inii'iative
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