ENDANGERED SPECIES ACT

The U.S. Army Corps of Engineers is required to ensure that the activities authorized within a Department of Army permit comply with provision of the ESA.  The U.S. Army Corps of Engineers must consider all direct and indirect impacts of the proposed work activity on all federally-listed threatened or endangered species or its critical habitat.  A consultation between the Corps and the US Fish and Wildlife Service and/or NOAA Fisheries must be conducted for any proposed work activity that includes the following conditions:

• Discharge of dredge or fill materials into waters of the United States, including wetlands
• Affects a navigable water of the United States
• Affects a federally-listed species or its critical habitat (threatened or endangered)

NOTE:  For evaluation purposes of a Department of Army application, the scope of analysis under the ESA is the permit area.  This area also includes all waters of the United States, including wetlands, affected by proposed activities associated with the project, as well as any additional area of non-waters of the United States in the immediate vicinity of, directly associated with, and/or affect by activities in the waters of the United States, including wetlands, where there is sufficient Federal control and responsibility.

Permittees may NOT begin work until a permit has been issued by the Corps that the requirements of the ESA have been satisfied and the proposed work activity is authorized.  Activities outside the permit area of Corps jurisdiction that may have a federally-listed endangered or threatened species or critical habitat could require permits from the U.S. Fish and Wildlife Service (USFWS) to prevent a violation of the Endangered Species Act, Section 9.

Any request for consultation under the Endangered Species Act, Section 7 must include the following information:

• A description of the proposed work activity/action to be considered
• A description of the specific area that may be affected by the proposed activity/action
• A description of any listed species or critical habitat that may be affected by the proposed activity/action
• A description of the manner in which the activity/action may affect any listed species or critical habitat and an analysis of any cumulative impacts
• Relevant reports, including environmental impact statement, environmental assessment, biological assessment, etc. that has been prepared
• Any other relevant available information on the activity/action, the listed species, or critical habitat

This information must be provided at the time the application packet is submitted.  Failure to do so may result in delays of the ESA, Section 7 Consultation process.  Application packets submitted should include extra copies, to be forwarded to the appropriate agencies along with the Corps’ Request for Consultation.

NATIONWIDE PERMIT & ESA CONSULTATION
If the proposed work activity/project may affect, or is in the vicinity of any federally-listed species or critical habitat (threatened or endangered) the application packet must also contain a Pre-Construction Notification (PCN), even if a PCN is not otherwise required.  The PCN must include all required information as well as the name(s) of any endangered and/or threatened species that may be affected by the proposed activity/action that is located in the vicinity of the proposed activity area or that utilizes that area as critical habitat. 

Depending upon the results of the formal or informal consultation, the Corps may add specie-specific regional endangered species conditions to the general permit.  No activity can be authorized by a general permit if the continued existence of a federally-listed or proposed federally-listed (threatened and endangered) species would be jeopardized or its critical habitat destroyed or adversely modified by the proposed activity/action.  

REGIONAL GENERAL PERMIT & ESA CONSULTATION
If the proposed work activity/project may affect, or is in the vicinity of, any federally-listed species or critical habitat (threatened or endangered) the application packet must also contain a Pre-Construction Notification (PCN), even if a PCN is not otherwise required.  The PCN must include all required information as well as the name(s) of any endangered and/or threatened species that may be affected by the proposed activity/action that is located in the vicinity of the proposed activity area OR that utilizes that area as critical habitat.  

Depending upon the results of the formal or informal consultation, the Corps may add specie-specific regional endangered species conditions to the general permit.  No activity can be authorized by a general permit if the continued existence of a federally-listed or proposed federally-listed (threatened and endangered) species would be jeopardized, or its critical habitat destroyed or adversely modified, by the proposed activity/action.  

INDIVIDUAL PERMIT & ESA CONSULTATION
All standard Department of Army Individual Permit application packages are reviewed on a case-by-case basis by the U.S. Army Corps of Engineers for potential effects to threatened or endangered species.  Applicants should provide information to the Corps that addresses whether a proposed activity/action may affect federally-listed species, both threatened and endangered.