[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: 33CFR325.1]



[Page 421-424]

 

                TITLE 33--NAVIGATION AND NAVIGABLE WATERS

 

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

                                 DEFENSE

 

PART 325_PROCESSING OF DEPARTMENT OF THE ARMY PERMITS--Table of Contents

 

Sec.  325.1  Applications for permits.









Sec.

325.1 Applications for permits.

325.2 Processing of applications.

325.3 Public notice.

325.4 Conditioning of permits.

325.5 Forms of permits.

325.6 Duration of permits.

325.7 Modification, suspension, or revocation of permits.



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325.8 Authority to issue or deny permits.

325.9 Authority to determine jurisdiction.

325.10 Publicity.



Appendix A to Part 325--Permit Form and Special Conditions

Appendix B to Part 325--NEPA Implementation Procedures for the 

          Regulatory Program

Appendix C to Part 325--Procedures for the Protection of Historic 

          Properties



    Authority: 33 U.S.C. 401 et seq.; 33 U.S.C. 1344; 33 U.S.C. 1413.



    Source: 51 FR 41236, Nov. 13, 1986, unless otherwise noted.





    (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 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,



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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.

    (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.



[[Page 424]]



    (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 

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.