[Code of Federal Regulations]

[Title 33, Volume 3]

[Revised as of July 1, 2006]

From the U.S. Government Printing Office via GPO Access

[CITE: 33CFR323.6]



[Page 419-420]

 

                TITLE 33--NAVIGATION AND NAVIGABLE WATERS

 

 CHAPTER II--CORPS OF ENGINEERS, DEPARTMENT OF THE ARMY, DEPARTMENT OF 

                                 DEFENSE

 

PART 323_PERMITS FOR DISCHARGES OF DREDGED OR FILL MATERIAL INTO WATERS 

OF THE UNITED STATES--Table of Contents

 

Sec.  323.6  Special policies and procedures.



    (a) The Secretary of the Army has delegated to the Chief of 

Engineers the authority to issue or deny section 404 permits. The 

district engineer will review applications for permits for the discharge 

of dredged or fill material into waters of the United States in 

accordance with guidelines promulgated by the Administrator, EPA, under 

authority of section 404(b)(1) of the CWA. (see 40 CFR part 230.) 

Subject to consideration of any economic impact on navigation and 

anchorage pursuant to



[[Page 420]]



section 404(b)(2), a permit will be denied if the discharge that would 

be authorized by such a permit would not comply with the 404(b)(1) 

guidelines. If the district engineer determines that the proposed 

discharge would comply with the 404(b)(1) guidelines, he will grant the 

permit unless issuance would be contrary to the public interest.

    (b) The Corps will not issue a permit where the regional 

administrator of EPA has notified the district engineer and applicant in 

writing pursuant to 40 CFR 231.3(a)(1) that he intends to issue a public 

notice of a proposed determination to prohibit or withdraw the 

specification, or to deny, restrict or withdraw the use for 

specification, of any defined area as a disposal site in accordance with 

section 404(c) of the Clean Water Act. However the Corps will continue 

to complete the administrative processing of the application while the 

section 404(c) procedures are underway including completion of final 

coordination with EPA under 33 CFR part 325.