[Code of Federal Regulations]
[Title 40, Volume 19]
[Revised as of July 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 40CFR124.59]

[Page 294]
 
                   TITLE 40--PROTECTION OF ENVIRONMENT
 
         CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)
 
PART 124--PROCEDURES FOR DECISIONMAKING--Table of Contents
 
       Subpart D--Specific Procedures Applicable to NPDES Permits
 
Sec. 124.59  Conditions requested by the Corps of Engineers and other 
government agencies.

    (Applicable to State programs, see Sec. 123.25 (NPDES).)
    (a) If during the comment period for an NPDES draft permit, the 
District Engineer advises the Director in writing that anchorage and 
navigation of any of the waters of the United States would be 
substantially impaired by the granting of a permit, the permit shall be 
denied and the applicant so notified. If the District Engineer advised 
the Director that imposing specified conditions upon the permit is 
necessary to avoid any substantial impairment of anchorage or 
navigation, then the Director shall include the specified conditions in 
the permit. Review or appeal of denial of a permit or of conditions 
specified by the District Engineer shall be made through the applicable 
procedures of the Corps of Engineers, and may not be made through the 
procedures provided in this part. If the conditions are stayed by a 
court of competent jurisdiction or by applicable procedures of the Corps 
of Engineers, those conditions shall be considered stayed in the NPDES 
permit for the duration of that stay.
    (b) If during the comment period the U.S. Fish and Wildlife Service, 
the National Marine Fisheries Service, or any other State or Federal 
agency with jurisdiction over fish, wildlife, or public health advises 
the Director in writing that the imposition of specified conditions upon 
the permit is necessary to avoid substantial impairment of fish, 
shellfish, or wildlife resources, the Director may include the specified 
conditions in the permit to the extent they are determined necessary to 
carry out the provisions of Sec. 122.49 and of the CWA.
    (c) In appropriate cases the Director may consult with one or more 
of the agencies referred to in this section before issuing a draft 
permit and may reflect their views in the statement of basis, the fact 
sheet, or the draft permit.

[48 FR 14264, Apr. 1, 1983, as amended at 54 FR 258, Jan. 4, 1989]