[Code of Federal Regulations]
[Title 33, Volume 3]
[Revised as of July 1, 2007]
From the U.S. Government Printing Office via GPO Access
[CITE: 33CFR239.6]

[Page 330]
 
                TITLE 33--NAVIGATION AND NAVIGABLE WATERS
 
 CHAPTER II--CORPS OF ENGINEERS, DEPARTMENT OF THE ARMY, DEPARTMENT OF 
                                 DEFENSE
 
PART 239_WATER RESOURCES POLICIES AND AUTHORITIES: FEDERAL PARTICIPATION IN 
 
Sec.  239.6  Level of protection.

    Evaluation of the above items may indicate that submergence of 
entrances to covered channels may have significant impacts on the level 
of flooding. The requirements of EO 11988 and the significance of the 
resulting flood damage may require that the covered portion of the 
channel be enlarged to provide capacity to pass the SPF. If inclusion of 
SPF capacity on the covered portions of the project cannot be justified, 
the added capacity may be reduced to the extent that the project will 
not increase upstream stages resulting from the SPF when compared to the 
without-project condition. If this capacity is still not feasible, 
covered channels shall not be recommended.