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 Endangered Species Act, also known as 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)
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.
Watersheds Requiring Pre-Construction Notification (PCN), Specific to Anadromous Fish
This Regional Condition applies in Idaho to Nationwide Permits 1, 3, 4, 7, 12, 13, 14, 17, 27, 28, 29, 31, 33, 35, 36, 39, 40, 43, 46, 48 and 52. Pre-Construction Notification will be required for all nationwide permits in the geographic areas as shown on the PCN Waters Map.
Note: For evaluation purposes of a Department of Army application, the scope of analysis under the ESA is the permit area. This area 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.