[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: 33CFR325.4]



[Page 433]

 

                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.  325.4  Conditioning of permits.



    (a) District engineers will add special conditions to Department of 

the Army permits when such conditions are necessary to satisfy legal 

requirements or to otherwise satisfy the public interest requirement. 

Permit conditions will be directly related to the impacts of the 

proposal, appropriate to the scope and degree of those impacts, and 

reasonably enforceable.

    (1) Legal requirements which may be satisfied by means of Corps 

permit conditions include compliance with the 404(b)(1) guidelines, the 

EPA ocean dumping criteria, the Endangered Species Act, and requirements 

imposed by conditions on state section 401 water quality certifications.

    (2) Where appropriate, the district engineer may take into account 

the existence of controls imposed under other federal, state, or local 

programs which would achieve the objective of the desired condition, or 

the existence of an enforceable agreement between the applicant and 

another party concerned with the resource in question, in determining 

whether a proposal complies with the 404(b)(1) guidelines, ocean dumping 

criteria, and other applicable statutes, and is not contrary to the 

public interest. In such cases, the Department of the Army permit will 

be conditioned to state that material changes in, or a failure to 

implement and enforce such program or agreement, will be grounds for 

modifying, suspending, or revoking the permit.

    (3) Such conditions may be accomplished on-site, or may be 

accomplished off-site for mitigation of significant losses which are 

specifically identifiable, reasonably likely to occur, and of importance 

to the human or aquatic environment.

    (b) District engineers are authorized to add special conditions, 

exclusive of paragraph (a) of this section, at the applicant's request 

or to clarify the permit application.

    (c) If the district engineer determines that special conditions are 

necessary to insure the proposal will not be contrary to the public 

interest, but those conditions would not be reasonably implementable or 

enforceable, he will deny the permit.

    (d) Bonds. If the district engineer has reason to consider that the 

permittee might be prevented from completing work which is necessary to 

protect the public interest, he may require the permittee to post a bond 

of sufficient amount to indemnify the government against any loss as a 

result of corrective action it might take.