[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: 33CFR325.7]

[Page 425-427]
 
                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. 325.7  Modification, suspension, or revocation of permits.

    (a) General. The district engineer may reevaluate the circumstances 
and

[[Page 426]]

conditions of any permit, including regional permits, either on his own 
motion, at the request of the permittee, or a third party, or as the 
result of periodic progress inspections, and initiate action to modify, 
suspend, or revoke a permit as may be made necessary by considerations 
of the public interest. In the case of regional permits, this 
reevaluation may cover individual activities, categories of activities, 
or geographic areas. Among the factors to be considered are the extent 
of the permittee's compliance with the terms and conditions of the 
permit; whether or not circumstances relating to the authorized activity 
have changed since the permit was issued or extended, and the continuing 
adequacy of or need for the permit conditions; any significant 
objections to the authorized activity which were not earlier considered; 
revisions to applicable statutory and/or regulatory authorities; and the 
extent to which modification, suspension, or other action would 
adversely affect plans, investments and actions the permittee has 
reasonably made or taken in reliance on the permit. Significant 
increases in scope of a permitted activity will be processed as new 
applications for permits in accordance with Sec. 325.2 of this part, and 
not as modifications under this section.
    (b) Modification. Upon request by the permittee or, as a result of 
reevaluation of the circumstances and conditions of a permit, the 
district engineer may determine that the public interest requires a 
modification of the terms or conditions of the permit. In such cases, 
the district engineer will hold informal consultations with the 
permittee to ascertain whether the terms and conditions can be modified 
by mutual agreement. If a mutual agreement is reached on modification of 
the terms and conditions of the permit, the district engineer will give 
the permittee written notice of the modification, which will then become 
effective on such date as the district engineer may establish. In the 
event a mutual agreement cannot be reached by the district engineer and 
the permittee, the district engineer will proceed in accordance with 
paragraph (c) of this section if immediate suspension is warranted. In 
cases where immediate suspension is not warranted but the district 
engineer determines that the permit should be modified, he will notify 
the permittee of the proposed modification and reasons therefor, and 
that he may request a meeting with the district engineer and/or a public 
hearing. The modification will become effective on the date set by the 
district engineer which shall be at least ten days after receipt of the 
notice by the permittee unless a hearing or meeting is requested within 
that period. If the permittee fails or refuses to comply with the 
modification, the district engineer will proceed in accordance with 33 
CFR part 326. The district engineer shall consult with resource agencies 
before modifying any permit terms or conditions, that would result in 
greater impacts, for a project about which that agency expressed a 
significant interest in the term, condition, or feature being modified 
prior to permit issuance.
    (c) Suspension. The district engineer may suspend a permit after 
preparing a written determination and finding that immediate suspension 
would be in the public interest. The district engineer will notify the 
permittee in writing by the most expeditious means available that the 
permit has been suspended with the reasons therefor, and order the 
permittee to stop those activities previously authorized by the 
suspended permit. The permittee will also be advised that following this 
suspension a decision will be made to either reinstate, modify, or 
revoke the permit, and that he may within 10 days of receipt of notice 
of the suspension, request a meeting with the district engineer and/or a 
public hearing to present information in this matter. If a hearing is 
requested, the procedures prescribed in 33 CFR part 327 will be 
followed. After the completion of the meeting or hearing (or within a 
reasonable period of time after issuance of the notice to the permittee 
that the permit has been suspended if no hearing or meeting is 
requested), the district engineer will take action to reinstate, modify, 
or revoke the permit.
    (d) Revocation. Following completion of the suspension procedures in 
paragraph (c) of this section, if revocation of the permit is found to 
be in the public interest, the authority who made

[[Page 427]]

the decision on the original permit may revoke it. The permittee will be 
advised in writing of the final decision.
    (e) Regional permits. The issuing official may, by following the 
procedures of this section, revoke regional permits for individual 
activities, categories of activities, or geographic areas. Where groups 
of permittees are involved, such as for categories of activities or 
geographic areas, the informal discussions provided in paragraph (b) of 
this section may be waived and any written notification nay be made 
through the general public notice procedures of this regulation. If a 
regional permit is revoked, any permittee may then apply for an 
individual permit which shall be processed in accordance with these 
regulations.