WSP06003

• File Number: 8449.900
• Description: Bear Creek
• State: CO
• Basin: South Platte
• Date: 11/1/1991
• Author: City of Lakewood
• Title: Bear Creek Lake Preliminary Environmental Assessment Wetland Task Report
• Water Supply Pro - Doc Type: Publication

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71:0291

EXECUTIVE ORDER 11990
Protection of Wellands

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By virtue of the authority vested in me by the Constitu-
tion and statutes of the United States of America, and as
President of the United States of America, in furtherance
of the National Environmental Policy Act of 1969, as
amended (42 U.S.C. 4321 erfeq.), in order to avoid to
the extent possible the long and short term adverse im-
pacts associated with the destruction or modification of
wetlands and to avoid direct or indirect support of new
construction in wetlands wherever there is a practicable
alternative, i1 is hereby ordered as follows:
Section I. (a) Each agency shall provide leadership and
shall take action to minimize the destruction, loss or
degradation of wetlands, and to preserve and enhance the
natural and beneficial values of wetlands in carrying out
the agency's responsibilities for (I) acquiring, managing,
and disposing of Federal lands and facilities; and (2)
providing Federally undertaken, financed. or assisted
construction and improvements; and (3) conducting
Federal activities and programs affecting land use, in-
cluding but not limited to water and related land
resources planning, regulating, and licensing activities.
(b) This Order does not apply to the issuance by
Federal agencies of permits, licenses. or allocations to
private parties for activities involving wetlands on non-
Federal property.
Sec. 2. (1) In furtherance of Section lOt (b) (3) of the
National Environmental Policy Act of 1969 (42 U.S.C.
4331 (b) (3)) to improve and coordinate Federal plans,
functions, programs and resources to the end that the
Nation may attain the widest range of beneficial uses of
the environment without degradation and risk to health
or safety, each agency, to the extent permitted by law,
shall avoid undertaking or providing assistance for new
construction located in wetlands unless the head of the
agency finds (I) that there is no practicable alternative to
such construction, and (2) that the proposed action in-
cludes all practicable measures to minimize harm to
wetlands which may result from such use. In making this
finding the head of the agency may take into account
economic, environmental and other pertinent factors.
(b) Each agency shall also provide opportunity for ear-
ly public review of any plans or proposals for new con-
struction in wetlands, in accordance with Section 2(b) of
Executive Order No. 11514, as amended, including the
development of procedures to accomplish this objective
for Federal actions whose impact is not significant
enough to require the preparation of an environmental
impact statement under Section 102 (2) (C) of the
National Environmental Policy Act of 1969, as amended.
Sec. 3. Any requests for new authorizations or ap-
propriations transmitted to the Office of Management
and Budget shall indicate. if an action to be proposed will
be located in wetlands. whether the proposed action is in
accord with this Order.

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Sec. 4. When Federally-owned wetlands or portions of
wetlands are proposed for lease, easement, right-of-way
or disposal to non-Federal public or private parties, the
Federal agency shall (a) reference in the conveyance
those uses that are restricted under identified Federal,
State or local wetlands regulations; and (b) attach other
appropriate restrictions to the uses of properties by the
grantee or purchaser and any successor, except where
prohibited by law; or (c) withhold such properties from
disposal.
Sec. 5. In carrying out the activities described in Sec-
tion I of this Order, each agency shall consider factors
relevant to a proposal's effect on the survival and quality
of the wetlands. Among these factors are:
(a) public health, safety, and welfare, including water
supply. quality, recharge and discharge; pollution; flood
and storm hazards; and sediment and erosion;
(b) maintenance of natural systems, including conser-
vation and long term productivity of existing flora and
fauna, species and habitat diversity and stability,
hydrologic utility, fish, wildlife, timber, and food and
fiber resources; and
(c) other uses of wetlands in the public interest, in-
cluding recreational. scientific, and cultural uses.
Sec. 6, As allowed by law, agencies shall issue or
amend their existing procedures in order to comply with
this Order. To the extent possible, existing processes,
such as those of the Council on Environmental Quality
and the Water Resources Council. .shall be utilized to
fulfill the requirements of this Order.
Sec. 7. As used in this Order:
(a) The term "agency" shall have the same meaning as
the term "Executive agency" in Section 105 of Title 5 of
the United States Code and shall include the military
departments; the directives contained in this Order,
however, are meant to apply only to those agencies which
perform the activities described in Section I which are
located in or affecting wetlands.
(b) The term "new construction" shall include drain-
ing. dredging, channelizing, filling, diking, impounding.
and related activities and any structures or facilities
begun or authorized after the effective date of this Order.
(c) The term "wetlands" means those areas that are in-
undated by surface or ground water with a frequency suf-
ficient to support and under normal circumstances does
or would support a prevalence of vegetative or aquatic
life that requires saturated or seasonally saturated soil
conditions for growth and reproduction. Wetlands
generally include swamps, marshes, bogs, and similar
areas such as sloughs, potholes, wet meadows, river
overfiows, mud flats, and natural ponds.
Sec. 8. This Order does not apply to projects presently
under construction, or to projects for which all of the
funds have been appr~priated through Fiscal Year 1977,

Copyright () 1977 by The Bureau of National Affairs, Inc.

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6-17-77