tion 401 certification, Coastal Zone Management Act (CZM), Section 106 of the National Historic Preservation Act (NHPA), or the ESA.
Evaluating the Applicant's Response. The Corps must determine the adequacy of the applicant's response. Applicants will only be asked by the Corps to respond to comments on concerns that the Corps has determined are relevant to the decision process. If the applicant's response does not adequately address the issues, the Corps must respond accordingly and in a timely manner. A phone call can generally suffice for one or two deficiencies, however, a letter reiterating the unresolved issues should follow for more controversial applications. The Corps should not tell applicants what to write, however, the Corps should be informative and advise applicants exactly what information is required and the questions that need to be answered. Document phone calls in the file. Emphasize that information was asked for previously. The Corps will not bargain with the applicant about the type of information needed, or the nature of the response. In most cases, applicants are cooperative. However, if necessary, advise the applicant that if the required information is not provided, the Corps will withdraw the permit application. Do not allow projects to become unmanageable by accepting a series of partial responses. The Corps must have sufficient information to make and substantiate a decision on the permit application. If the applicant asks for additional time to complete the response, the request should normally be granted. Should the applicant's response generate additional concerns or questions, the Corps may request additional information from the applicant, and re-coordinate the project with interested agencies.
Public Hearings. Public hearings are held at the discretion of the district commander only where a hearing would provide additional information not otherwise available which would enable a thorough evaluation of pertinent issues. Districts will receive numerous requests for public hearings, especially in connection with controversial projects with high public visibility. However, unless a public hearing would serve the aforementioned purpose, district commanders will deny the requests for public hearings. Districts should consider: (1) the extent to which the issues identified in conjunction with a request for a public hearing are consistent with the Corps need to make its Guidelines and public interest determinations, that is the extent to which the issues are within the Corps scope of analysis; (2) the extent to which the issues identified in conjunction with a request for a public hearing represent information not otherwise available to the Corps; and (3) whether the issues identified are already addressed by responses to the PN. Districts should also consider public meetings or workshops, which can be targeted towards a particular group of objectors and/or issues. These are more informal forums, much less expensive, that