[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: 33CFR325.7]



[Page 435-436]

 

                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.  325.7  Modification, suspension, or revocation of permits.



    (a) General. The district engineer may reevaluate the circumstances 

and conditions of any permit, including regional permits, either on his 

own motion, at the request of the permittee, or a third party, or as the 

result of periodic progress inspections, and initiate action to modify, 

suspend, or revoke a permit as may be made necessary by considerations 

of the public interest. In the case of regional permits, this 

reevaluation may cover individual activities, categories of activities, 

or geographic areas. Among the factors to be considered are the extent 

of the permittee's compliance with the terms and conditions of the 

permit; whether or not circumstances relating to the authorized activity 

have changed since the permit was issued or extended, and the continuing 

adequacy of or need for the permit conditions; any significant 

objections to the authorized activity which were not earlier considered; 

revisions to applicable statutory and/or regulatory authorities; and the 

extent to which modification, suspension, or other action would 

adversely affect plans, investments and actions the permittee has 

reasonably made or taken in reliance on the permit. Significant 

increases in scope of a permitted activity will be processed as new 

applications for permits in accordance with Sec.  325.2 of this part, 

and not as modifications under this section.

    (b) Modification. Upon request by the permittee or, as a result of 

reevaluation of the circumstances and conditions of a permit, the 

district engineer may determine that the public interest requires a 

modification of the terms or conditions of the permit. In such cases, 

the district engineer will hold informal consultations with the 

permittee to ascertain whether the terms and conditions can be modified 

by mutual agreement. If a mutual agreement is reached on modification of 

the terms and conditions of the permit, the district engineer will give 

the permittee written notice of the modification, which will then become 

effective on such date as the district engineer may establish. In the 

event a mutual agreement cannot be reached by the district engineer and 

the permittee, the district engineer will proceed in accordance with 

paragraph (c) of this section if immediate suspension is warranted. In 

cases where immediate suspension is not warranted but the district 

engineer determines that the permit should be modified, he will notify 

the permittee of the proposed modification and reasons therefor, and 

that he may request a meeting with the district engineer and/or a public 

hearing. The modification will become effective on the date set by the 

district engineer which shall be at least ten days after receipt of the 

notice by the permittee unless a hearing or meeting is requested within 

that period. If the permittee fails or refuses to comply with the 

modification, the district engineer will proceed in accordance with 33 

CFR part 326. The district engineer shall consult with resource agencies 

before modifying any permit terms or conditions, that would result in 

greater impacts, for a project about which that agency expressed a 

significant interest in the term, condition, or



[[Page 436]]



feature being modified prior to permit issuance.

    (c) Suspension. The district engineer may suspend a permit after 

preparing a written determination and finding that immediate suspension 

would be in the public interest. The district engineer will notify the 

permittee in writing by the most expeditious means available that the 

permit has been suspended with the reasons therefor, and order the 

permittee to stop those activities previously authorized by the 

suspended permit. The permittee will also be advised that following this 

suspension a decision will be made to either reinstate, modify, or 

revoke the permit, and that he may within 10 days of receipt of notice 

of the suspension, request a meeting with the district engineer and/or a 

public hearing to present information in this matter. If a hearing is 

requested, the procedures prescribed in 33 CFR part 327 will be 

followed. After the completion of the meeting or hearing (or within a 

reasonable period of time after issuance of the notice to the permittee 

that the permit has been suspended if no hearing or meeting is 

requested), the district engineer will take action to reinstate, modify, 

or revoke the permit.

    (d) Revocation. Following completion of the suspension procedures in 

paragraph (c) of this section, if revocation of the permit is found to 

be in the public interest, the authority who made the decision on the 

original permit may revoke it. The permittee will be advised in writing 

of the final decision.

    (e) Regional permits. The issuing official may, by following the 

procedures of this section, revoke regional permits for individual 

activities, categories of activities, or geographic areas. Where groups 

of permittees are involved, such as for categories of activities or 

geographic areas, the informal discussions provided in paragraph (b) of 

this section may be waived and any written notification nay be made 

through the general public notice procedures of this regulation. If a 

regional permit is revoked, any permittee may then apply for an 

individual permit which shall be processed in accordance with these 

regulations.