Laserfiche WebLink
96 <br />Rivers and Harbors Act of 1899 and section 404 of the Clean water Act of <br />1972, as amended. Please consult with the Field Supervisor, U.S. Fish and <br />Wildlife Service (provide address and telephone number)." <br />(c) If permits are required for the proposed action, the Service may <br />concur, with or without stipulations, or recommend denial depending on the <br />effects on fish and wildlife resources. For example, for a CG permit for a <br />major bridge replacement, the Service could require features to reduce <br />turbidity during project construction, or that the shoreline area be <br />stabilized with planting suitable for wildlife utilization. <br />(d) The following general guidance applies to the Service's review of <br />section 10/404 permit applications with regard to NEPA compliance. <br />(i) Integrating NEPA effectively into the section 10/404 process is a ~. <br />question of "timing." The key elements of the NEPA document (proposal, <br />alternatives, impact assessment) are of little value to the decisionmaker <br />if it is not prepared and publicly reviewed simultaneously with the permit <br />document. <br />(ii) The requirements for identifying alternatives under NEPA and section <br />404 are similar. However, the section 404(b)(1) guidelines require <br />selection of the "least environmentally damaging practicable alternative." <br />NEPA does not require the selection of any particular alternative, only <br />that all reasonable alternatives be identified and analyzed. <br />(iii) Permit applicants should be made aware early-on of the Corps <br />requirement to comply with NEPA and the section 404(b)(1) guidelines. This <br />should be done through pre-application consultation. <br />(iv) When an EIS is required, the section 404 process, including the <br />identification of potential alternatives, should commence with the NEPA <br />scoping process. <br />(v) Ideally, to fulfill the purpose of NEPA, the Corps should receive <br />sufficient information from the applicant to either prepare a draft NEPA <br />document for inclusion with the public notice, or provide public notice for <br />review of the draft environmental document prior to the final decision. <br />Following public review, the final NEPA document and compliance with the <br />section 404(b)(I) guidelines would be completed and the permit decision <br />made. <br />(2) Bridges on federally-funded highways require the approval of both the <br />FHWA and the CG. Procedures coordinating the actions of these two agencies <br />are found in a 1972 FHWA/CG Memorandum of Agreement (MOA) (refer to p0I <br />Environmental Review Memorandum ER 73-2, April 11, 1973, in the Service <br />NEPA Reference Handbook). The 1972 FHWA/CG MOA assigns the responsibility <br />for preparing the environmental documents to the FHWA. The CG considers <br />the environmental documents and other information in their decision to <br />approve (with or without conditions) or deny a bridge permit, pursuant to <br />33 U.S.C. 401, 491, 511 et seq., 525, and acts of Congress. <br />4.3 Department of Transportation Act of 1966 Activities. <br />