relevant factors and the interests of the applicant to determine the overall balance of the project with respect to the public interest.
The following general criteria of the public interest review must be considered in the evaluation of every permit application (33 CFR 320.4(a)(2)):
The extent of the public and private need for the project.
Where unresolved conflicts exist as to the use of a resource, whether there are practicable alternative locations or methods that may be used to accomplish the objective of the proposed project.
The extent and permanence of the beneficial or detrimental effects the proposed work is likely to have on the private and public uses to which the project site is suited.
The decision whether to authorize or deny the permit application is determined by the outcome of this evaluation. The specific weight each factor is given is determined by its relevance to the particular proposal. It is important to remember that the Corps can perform an alternatives analysis, and must require compensatory mitigation, or other conditions to address environmental impacts for all permits, including Section 10 only permits. For each application, a permit will be granted unless the district engineer determines that it would be contrary to the public interest to do so (33 CFR 320.4(a)).
Level of Review. Delegate signature authority to the lowest necessary level making sure there are always two levels of review for all SPs and GPs with PCNs. Districts may choose to have two levels of review for non-reporting GPs depending on the specific circumstances, or for controversial determinations that no permit is required. However, as a general rule, project managers may sign letters confirming the applicability of non-reporting GPs, including NWPs (without additional review) as well as letters confirming that no permit is required.
- Use provisional permits
- Establish dates and deadlines
- Use discretion in enforcement of 401/CZM conditions
Provisional Permits. Obtaining Section 401 Water Quality Certification (WQC) and CZM consistency can result in substantial delays in issuing Section 404 and Section 10 permits. To avoid unreasonable delays in Corps permit processing, the following actions are recommended. In cases where the Corps has finished its evaluation of a permit proposal and the