Ch. 7— The Effects of tt)e 404 Program • 143 



to improve the program have reduced the number 

 of permits submitted and made those that are re- 

 viewed less environmentally damaging, thus mask- 

 ing the quantifiable effects of the 404 program. 



The expanded use of general permits has reduced 

 the number of permit applications by an estimated 

 90,000 cases annually.' While these permits may 

 decrease control over the use of wedands (as is dis- 

 cussed elsewhere in this report), other general per- 

 mits benefit wedand protection when best manage- 

 ment practices (BMPs) are required as part of per- 

 mit conditions. 



Preapplicadon consultations* also lessen project 

 impacts; they may result in applicants changing a 

 planned activity so that it requires less wedand acre- 

 age or no longer occurs on a wetland — i.e., either 

 transferring the activity to an upland area or cancel- 

 ing it. Better management practices may be sug- 

 gested that limit the impacts on those wedands that 

 are used. The activity also may be altered so that 

 it falls under a general permit, thereby presumably 

 having an acceptable impact on the wetlands of a 

 particular region (2). 



Consultations also may result in savings to appli- 

 cants. Permit application requirements can be clari- 

 fied, reducing the chance that applications would 

 have to be resubmitted, for example, to make up 

 for gaps in information. On the other hand, Corps 

 suggestions may entail additional costs to the appli- 

 cant or reduce the benefits expected from a project. 



According to district estimates in the OTA sur- 

 vey, a range of 5 to 90 percent (with a mean of 30 

 percent) of applicants consult with the Corps prior 

 to submitting an application. A much higher per- 

 centage of parties planning large projects consult 

 with the Corps. Several districts reported that near- 

 ly all applications for major projects entailed preap- 

 plication consultations, and most industry associa- 

 tions and firms responding to another OTA survey 

 said that they routinely set up appointments with 

 the Corps to discuss planned activities, particular- 

 ly if the activities are large scale. 



'Pacific Lega] Foundation, "A Repon to the Presidential Task Force 

 on Regulatory Relief," Mar. 18, 1982, p. 28. 



'This term refers to advice given by Federal personnel to those in- 

 quiring about activities that might require a 404 permit. 



Results of consultations are more difficult to sum- 

 marize. Most consultations take place at an early 

 stage in project planning, before applicants have 

 detailed plans that specify the acreage of wetlands 

 potentially involved. Still, most districts believe that 

 such consultations have had significant benefits for 

 wedand protection. Because of the lack of data, very 

 few estimates were made of reductions of amounts 

 of dredged and fill material or of alterations of 

 wetland acreage that were achieved by consulta- 

 tions. Instead, more qualitative estimates were 

 given, sometimes in terms of the percentage of per- 

 mits that were modified in the course of consulta- 

 tions. These estimates can be categorized as follows: 

 9 districts said they could not estimate the effects 

 of consultations; 4 indicated that results were in- 

 significant (e.g., "very few" projects were modi- 

 fied); 10 indicated that results were good (e.g., con- 

 sultations had a "good" effect; 10 percent of ap- 

 plications were modified); and, 14 said results were 

 very good (e.g., consultation results were "substan- 

 tial;" 50 percent of applications were modified). 



A last form of program success not reflected in 

 permit data stems from the increased public 

 knowledge that has arisen about wetland benefits 

 and about regulations that require the developer 

 to apply for a permit to develop many wetlands. 

 This awareness has meant that an unknown num- 

 ber of projects have been initiated than might other- 

 wise have been, that many projects affect wetlands 

 less than they otherwise might have, and that fewer 

 permits, therefore, are denied or modified by the 

 Corps. 



Program Effects Reflected in 

 Program Data 



Reduction of Wetland Loss 



The major effects of the 404 program are the 

 reduction of wetland conversions through permit 

 denials, modification of permits to reduce the num- 

 ber of wetland acres affected, and conditions at- 

 tached to permits that lessen the impact of activities 

 on the wetlands that are used. 



Only a small number of section 404 and section 

 10/404 permit applications are denied; (291 out of 

 10,718 applications received in fiscal year 1981, 



