[Code of Federal Regulations]
[Title 33, Volume 3]
[Revised as of July 1, 2001]
From the U.S. Government Printing Office via GPO Access
[CITE: 33CFR325.1]

[Page 412-415]
 
                TITLE 33--NAVIGATION AND NAVIGABLE WATERS
 
         CHAPTER II--CORPS OF ENGINEERS, DEPARTMENT OF THE ARMY
 
PART 325--PROCESSING OF DEPARTMENT OF THE ARMY PERMITS--Table of Contents
 
Sec. 325.1  Applications for permits.

    (a) General. The processing procedures of this part apply to any 
Department of the Army (DA) permit. Special procedures and additional 
information are contained in 33 CFR parts 320 through 324, 327 and part 
330. This part is arranged in the basic timing sequence used by the 
Corps of Engineers in processing applications for DA permits.
    (b) Pre-application consultation for major applications. The 
district staff element having responsibility for administering, 
processing, and enforcing

[[Page 413]]

federal laws and regulations relating to the Corps of Engineers 
regulatory program shall be available to advise potential applicants of 
studies or other information foreseeably required for later federal 
action. The district engineer will establish local procedures and 
policies including appropriate publicity programs which will allow 
potential applicants to contact the district engineer or the regulatory 
staff element to request pre-application consultation. Upon receipt of 
such request, the district engineer will assure the conduct of an 
orderly process which may involve other staff elements and affected 
agencies (Federal, state, or local) and the public. This early process 
should be brief but thorough so that the potential applicant may begin 
to assess the viability of some of the more obvious potential 
alternatives in the application. The district engineer will endeavor, at 
this stage, to provide the potential applicant with all helpful 
information necessary in pursuing the application, including factors 
which the Corps must consider in its permit decision making process. 
Whenever the district engineer becomes aware of planning for work which 
may require a DA permit and which may involve the preparation of an 
environmental document, he shall contact the principals involved to 
advise them of the requirement for the permit(s) and the attendant 
public interest review including the development of an environmental 
document. Whenever a potential applicant indicates the intent to submit 
an application for work which may require the preparation of an 
environmental document, a single point of contact shall be designated 
within the district's regulatory staff to effectively coordinate the 
regulatory process, including the National Environmental Policy Act 
(NEPA) procedures and all attendant reviews, meetings, hearings, and 
other actions, including the scoping process if appropriate, leading to 
a decision by the district engineer. Effort devoted to this process 
should be commensurate with the likelihood of a permit application 
actually being submitted to the Corps. The regulatory staff coordinator 
shall maintain an open relationship with each potential applicant or his 
consultants so as to assure that the potential applicant is fully aware 
of the substance (both quantitative and qualitative) of the data 
required by the district engineer for use in preparing an environmental 
assessment or an environmental impact statement (EIS) in accordance with 
33 CFR part 230, Appendix B.
    (c) Application form. Applicants for all individual DA permits must 
use the standard application form (ENG Form 4345, OMB Approval No. OMB 
49-R0420). Local variations of the application form for purposes of 
facilitating coordination with federal, state and local agencies may be 
used. The appropriate form may be obtained from the district office 
having jurisdiction over the waters in which the activity is proposed to 
be located. Certain activities have been authorized by general permits 
and do not require submission of an application form but may require a 
separate notification.
    (d) Content of application. (1) The application must include a 
complete description of the proposed activity including necessary 
drawings, sketches, or plans sufficient for public notice (detailed 
engineering plans and specifications are not required); the location, 
purpose and need for the proposed activity; scheduling of the activity; 
the names and addresses of adjoining property owners; the location and 
dimensions of adjacent structures; and a list of authorizations required 
by other federal, interstate, state, or local agencies for the work, 
including all approvals received or denials already made. See Sec. 325.3 
for information required to be in public notices. District and division 
engineers are not authorized to develop additional information forms but 
may request specific information on a case-by-case basis. (See 
Sec. 325.1(e)).
    (2) All activities which the applicant plans to undertake which are 
reasonably related to the same project and for which a DA permit would 
be required should be included in the same permit application. District 
engineers should reject, as incomplete, any permit application which 
fails to comply with this requirement. For example, a permit application 
for a marina will include dredging required for access as well as any 
fill associated with construction of the marina.

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    (3) If the activity would involve dredging in navigable waters of 
the United States, the application must include a description of the 
type, composition and quantity of the material to be dredged, the method 
of dredging, and the site and plans for disposal of the dredged 
material.
    (4) If the activity would include the discharge of dredged or fill 
material into the waters of the United States or the transportation of 
dredged material for the purpose of disposing of it in ocean waters the 
application must include the source of the material; the purpose of the 
discharge, a description of the type, composition and quantity of the 
material; the method of transportation and disposal of the material; and 
the location of the disposal site. Certification under section 401 of 
the Clean Water Act is required for such discharges into waters of the 
United States.
    (5) If the activity would include the construction of a filled area 
or pile or float-supported platform the project description must include 
the use of, and specific structures to be erected on, the fill or 
platform.
    (6) If the activity would involve the construction of an impoundment 
structure, the applicant may be required to demonstrate that the 
structure complies with established state dam safety criteria or that 
the structure has been designed by qualified persons and, in appropriate 
cases, independently reviewed (and modified as the review would 
indicate) by similiarly qualified persons. No specific design criteria 
are to be prescribed nor is an independent detailed engineering review 
to be made by the district engineer.
    (7) Signature on application. The application must be signed by the 
person who desires to undertake the proposed activity (i.e. the 
applicant) or by a duly authorized agent. When the applicant is 
represented by an agent, that information will be included in the space 
provided on the application or by a separate written statement. The 
signature of the applicant or the agent will be an affirmation that the 
applicant possesses or will possess the requisite property interest to 
undertake the activity proposed in the application, except where the 
lands are under the control of the Corps of Engineers, in which cases 
the district engineer will coordinate the transfer of the real estate 
and the permit action. An application may include the activity of more 
than one owner provided the character of the activity of each owner is 
similar and in the same general area and each owner submits a statement 
designating the same agent.
    (8) If the activity would involve the construction or placement of 
an artificial reef, as defined in 33 CFR 322.2(g), in the navigable 
waters of the United States or in the waters overlying the outer 
continental shelf, the application must include provisions for siting, 
constructing, monitoring, and managing the artificial reef.
    (9) Complete application. An application will be determined to be 
complete when sufficient information is received to issue a public 
notice (See 33 CFR 325.1(d) and 325.3(a).) The issuance of a public 
notice will not be delayed to obtain information necessary to evaluate 
an application.
    (e) Additional information. In addition to the information indicated 
in paragraph (d) of this section, the applicant will be required to 
furnish only such additional information as the district engineer deems 
essential to make a public interest determination including, where 
applicable, a determination of compliance with the section 404(b)(1) 
guidelines or ocean dumping criteria. Such additional information may 
include environmental data and information on alternate methods and 
sites as may be necessary for the preparation of the required 
environmental documentation.
    (f) Fees. Fees are required for permits under section 404 of the 
Clean Water Act, section 103 of the Marine Protection, Research and 
Sanctuaries Act of 1972, as amended, and sections 9 and 10 of the Rivers 
and Harbors Act of 1899. A fee of $100.00 will be charged when the 
planned or ultimate purpose of the project is commercial or industrial 
in nature and is in support of operations that charge for the 
production, distribution or sale of goods or services. A $10.00 fee will 
be charged for permit applications when the proposed work is non-
commercial in nature and would provide personal benefits that have no

[[Page 415]]

connection with a commercial enterprise. The final decision as to the 
basis for a fee (commercial vs. non-commercial) shall be solely the 
responsibility of the district engineer. No fee will be charged if the 
applicant withdraws the application at any time prior to issuance of the 
permit or if the permit is denied. Collection of the fee will be 
deferred until the proposed activity has been determined to be not 
contrary to the public interest. Multiple fees are not to be charged if 
more than one law is applicable. Any modification significant enough to 
require publication of a public notice will also require a fee. No fee 
will be assessed when a permit is transferred from one property owner to 
another. No fees will be charged for time extensions, general permits or 
letters of permission. Agencies or instrumentalities of federal, state 
or local governments will not be required to pay any fee in connection 
with permits.