[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: 33CFR330.3]



[Page 475]

 

                TITLE 33--NAVIGATION AND NAVIGABLE WATERS

 

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

                                 DEFENSE

 

PART 330_NATIONWIDE PERMIT PROGRAM--Table of Contents

 

Sec.  330.3  Activities occurring before certain dates.



    The following activities were permitted by NWPs issued on July 19, 

1977, and, unless the activities are modified, they do not require 

further permitting:

    (a) Discharges of dredged or fill material into waters of the United 

States outside the limits of navigable waters of the United States that 

occurred before the phase-in dates which extended Section 404 

jurisdiction to all waters of the United States. The phase-in dates 

were: After July 25, 1975, discharges into navigable waters of the 

United States and adjacent wetlands; after September 1, 1976, discharges 

into navigable waters of the United States and their primary 

tributaries, including adjacent wetlands, and into natural lakes, 

greater than 5 acres in surface area; and after July 1, 1977, discharges 

into all waters of the United States, including wetlands. (section 404)

    (b) Structures or work completed before December 18, 1968, or in 

waterbodies over which the DE had not asserted jurisdiction at the time 

the activity occurred, provided in both instances, there is no 

interference with navigation. Activities completed shoreward of 

applicable Federal Harbor lines before May 27, 1970 do not require 

specific authorization. (section 10)