401 Water Quality Certification that the discharge complies with state effluent standards and any other water quality standards of the CWA.

The Fish and Wildlife Coordination Act (FWCA) (16 U.S.C. secs. 662-667e) requires coordination between the Fish and Wildlife Service (FWS) and the State fish and wildlife agencies where waters are controlled or modified through a federal permit. The purpose of this coordination is to prevent loss of or damage to wildlife. Consultation occurs between the federal and state agencies concerning mitigation of project-related losses of fish and wildlife resources. The FWCA is administered through the FWS and the NOAA’s National Marine Fisheries Service.

While some provisions of the Endangered Species Act (ESA) apply to individuals on their private property, other provisions are applicable to federal agencies and have a different geographical scope. ESA Section 7 requires that all federal agencies insure that their actions do not jeopardize the continued existence of listed endangered or threatened species (16 U.S.C. sec. 1536(a)(2)). Thus, federal permits for shoreline erosion construction projects may be “federal agency actions” that may require formal or informal consultation between the USACE and the FWS or NOAA Fisheries, depending on the listed species. Some of the listed species that may require review for shoreline erosion control projects appear in Table D-1.

If the USACE determines after informal consultation that the proposed action is not likely to affect listed species or their critical habitat, and the FWS also agrees, then the review process terminates, and the permit is granted. However, if the FWS determines the proposed action may affect listed species and critical