[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: 33CFR335.7]



[Page 595]

 

                TITLE 33--NAVIGATION AND NAVIGABLE WATERS

 

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

                                 DEFENSE

 

PART 335_OPERATION AND MAINTENANCE OF ARMY CORPS OF ENGINEERS CIVIL 

WORKS PROJECTS INVOLVING THE DISCHARGE OF DREDGED OR FILL MATERIAL 

INTO WATERS OF THE U.S. OR OCEAN WATERS--Table of Contents

 

Sec.  335.7  Definitions.



    The definitions of 33 CFR parts 323, 324, 327, and 329 are hereby 

incorporated. The following terms are defined or interpreted from parts 

320 through 330 for purposes of 33 CFR parts 335 through 338.

    Beach nourishment means the discharge of dredged or fill material 

for the purpose of replenishing an eroded beach or placing sediments in 

the littoral transport process.

    Emergency means a situation which would result in an unacceptable 

hazard to life or navigation, a significant loss of property, or an 

immediate and unforeseen significant economic hardship if corrective 

action is not taken within a time period less than the normal time 

needed under standard procedures.

    Federal standard means the dredged material disposal alternative or 

alternatives identified by the Corps which represent the least costly 

alternatives consistent with sound engineering practices and meeting the 

environmental standards established by the 404(b)(1) evaluation process 

or ocean dumping criteria.

    Navigable waters of the U.S. means those waters of the U.S. that are 

subject to the ebb and flow of the tide shoreward to the mean high water 

mark, and/or are presently used, have been used in the past, or may be 

susceptible to use with or without reasonable improvement to transport 

interstate or foreign commerce. A more complete definition is provided 

in 33 CFR part 329. For the purpose of this regulation, the term also 

includes the confines of Federal navigation approach channels extending 

into ocean waters beyond the territorial sea which are used for 

interstate or foreign commerce.

    Practicable means available and capable of being done after taking 

into consideration cost, existing technology, and logistics in light of 

overall project purposes.

    Statement of Findings (SOF) means a comprehensive summary compliance 

document signed by the district engineer after completion of appropriate 

environmental documentation and public involvement.

    Territorial sea means the belt of the seas measured from the line of 

ordinary low water along that portion of the coast which is in direct 

contact with the open sea and the line marking the seaward limit of 

inland waters, extending seaward a distance of three miles as described 

in the convention on the territorial sea and contiguous zone, 15 U.S.T. 

1606.