Strict compliance with these regulations may be waived when, in the judgement of the Commission, such action would serve a substantial public interest or when strict compliance would result in the following, but not limited to, severe economic, physical, legal, contextual hardship far greater in magnitude than the public interest to be served. In the latter case, the Commission may require that compensatory or mitigating measures be taken, even at an off-site location, to protect the public interest in the protected resource area to be removed, filled, dredged, built upon, or altered.