[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: 33CFR338.2]

[Page 590]
 
                TITLE 33--NAVIGATION AND NAVIGABLE WATERS
 
         CHAPTER II--CORPS OF ENGINEERS, DEPARTMENT OF THE ARMY
 
PART 338--OTHER CORPS ACTIVITIES INVOLVING THE DISCHARGE OF DREDGED MATERIAL OR FILL INTO WATERS OF THE U.S.--Table of Contents
 
Sec. 338.2  Activities involving the discharge of dredged or fill material into waters of the U.S.

    (a) Generally, fill activities conducted by the Corps for operations 
and maintenance of existing Civil Works water resource and navigation 
projects are routine and have little, if any, potential for significant 
degradation of the environment. District engineers are encouraged to 
develop general authorizations in accordance with section 404 of the CWA 
and 104 of the ODA following the procedures of Sec. 337.5 of this 
chapter for categories of such routine activities. The general 
authorization should satisfy all compliance requirements including water 
quality certifications and, if applicable, coastal zone consistency 
determinations. For activities which are not conducive to the 
development of general authorizations or are more appropriately 
evaluated on an individual basis, the following procedures should be 
followed.
    (b) A public notice should be issued using the procedures Sec. 337.1 
of this chapter.
    (c) Water quality certifications should be requested and, if 
applicable, coastal zone consistency determinations should be provided 
using the procedures of Sec. 336.1(b) (8) and (9) of this chapter.
    (d) The discharge site should be specified through the application 
of the section 404(b)(1) guidelines.
    (e) The procedures of 40 CFR part 230 should be used to determine 
the NEPA compliance requirements.
    (f) The factors of Sec. 336.1(c) of this chapter should be followed 
when evaluating fill activities.
    (g) Upon completion of all required coordination and after receipt 
of the necessary state certifications, the district engineer should 
prepare an SOF in accordance with Sec. 337.6.

[53 FR 14920, Apr. 26, 1988]