[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: 33CFR337.1]



[Page 603-605]

 

                TITLE 33--NAVIGATION AND NAVIGABLE WATERS

 

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

                                 DEFENSE

 

PART 337_PRACTICE AND PROCEDURE--Table of Contents

 

Sec.  337.1  Public notice.



    Presently, public notification of proposed discharges of dredged or 

fill material is required by the provisions of section 103 of the ODA 

and sections 401 and 404 of the CWA. District engineers are encouraged 

to develop procedures to avoid unnecessary duplication of state agency 

procedures. Joint public notification procedures should be a primary 

factor in the development of Memoranda of Agreement with the states as 

described in Sec.  337.4.

    (a) With the possible exception of emergency actions as discussed in 

Sec.  337.7, the district engineer should issue a public notice for 

projects involving the discharge of dredged or fill material into waters 

of the U.S. or ocean waters unless the project is authorized by a 

general permit. Public notices for Corps operation and maintenance 

activities are normally issued for an indefinite period of time and are 

not reissued unless changes in the disposal plan warrant re-evaluation 

under section 404 of the CWA or section 103 of the ODA. The public 

notice is the primary method of advising all interested parties of 

Federal projects and of soliciting comments and information necessary to 

evaluate the probable impact of the discharge of dredged or fill 

material into waters of the U.S. or ocean waters. The notice should, 

therefore, include sufficient information to provide a clear 

understanding of the nature of the activity and related activities of 

local interests in order to generate meaningful comments. A single 

public notice may be used for more than one project in appropriate 

cases. The notice normally should include the following items:

    (1) The name and location of the project and proposed disposal site.

    (2) A general description of the project and a description of the 

estimated type, composition, and quantity of materials to be discharged, 

the proposed time schedule for the dredging activity, and the types of 

equipment and methods of dredging and conveyance proposed to be used.

    (3) A sketch showing the location of the project, including depth of 

water in the area and all proposed discharge sites.

    (4) The nature, estimated amount, and frequency of known and 

anticipated related dredging and discharge to be conducted by others.

    (5) A list of Federal, state, and local environmental agencies with 

whom the activity is being coordinated.

    (6) A statement concerning a preliminary determination of the need 

for and/or availability of an environmental impact statement.

    (7) Any other available information which may assist interested 

parties in evaluating the likely impact of the proposed activity, if 

any.

    (8) A reasonable period of time, normally thirty days but not less 

than fifteen days from date of mailing except in emergency situations 

where the procedures of Sec.  337.7 will be followed, within which 

interested parties may express their views concerning the proposed 

project.

    (9) If the proposed Federal project would occur in the territorial 

seas or ocean waters, a description of the project's relationship to the 

baseline from which the territorial sea is measured.

    (10) A statement on the status of state water quality certification 

under section 401 of the CWA.

    (11) For activities requiring a determination of consistency with an 

approved state coastal zone management plan, the following information 

will be included in the notice:



[[Page 604]]



    (i) A statement on whether or not the proposed activity will be 

undertaken in a manner consistent to the maximum extent practicable with 

the state management program.

    (ii) Sufficient information to support the consistency determination 

to include associated facilities and their coastal zone effect.

    (iii) Data and supporting information commensurate with the expected 

effects of the activity on the coastal zone.

    (12) A statement on historic resources, state of present knowledge, 

likelihood of damage or other adverse effect on such resources, etc.

    (13) A statement on endangered species.

    (14) A statement on evaluation factors to be considered, adapted 

from that presented at 33 CFR 325.3(b).

    (15) The name, address, and telephone number of the Corps employee 

from whom additional information concerning the project may be obtained.

    (16) The signature of the district engineer or his designee on all 

maintenance dredged material disposal public notices.

    (17) For activities regulated under section 103 of the ODA, the 

following additional information should be integrated into the public 

notice:

    (i) A statement on the designation status of the disposal site.

    (ii) If the proposed disposal site is not a designated site, a 

description of the characteristics of the proposed disposal site and an 

explanation as to why no previously designated disposal site is 

feasible.

    (iii) A brief description of known dredged material discharges at 

the proposed disposal site.

    (iv) Existence and documented effects of other authorized disposals 

that have been made at the disposal area.

    (v) An estimated length of time during which disposal would continue 

at the proposed site.

    (vi) Information on the characteristics and composition of the 

dredged material, and the following paragraph:



    The proposed transportation of this dredged material for disposing 

of it in ocean waters is being evaluated to determine that the proposed 

disposal will not unreasonably degrade or endanger human health, 

welfare, or amenities or the marine environment, ecological systems, or 

economic potentialities. In making this determination, the criteria 

established by the Administrator, EPA pursuant to section 102(a) of the 

ODA, will be applied. In addition, based upon an evaluation of the 

potential effect which the failure to utilize this ocean disposal site 

will have on navigation, economic and industrial development, and 

foreign and domestic commerce of the United States, an independent 

determination will be made of the need to dispose of the dredged 

material in ocean waters, other possible methods of disposal, and other 

appropriate locations.



    (b) The following statement should be included in the public 

notices:



    Any person who has an interest which may be affected by the disposal 

of this dredged material may request a public hearing. The request must 

be submitted in writing to the district engineer within the comment 

period of this notice and must clearly set forth the interest which may 

be affected and the manner in which the interest may be affected by this 

activity.



    (c) Public notices should be distributed as described in 33 CFR 

325.3(c). In addition, public notices should be sent to CECW-D, Office 

of the Chief of Engineers, Washington, DC 20314, if the project involves 

the discharge of dredged material in waters of the U.S. or ocean waters. 

District engineers should also develop, as appropriate, regional mailing 

lists for Corps maintenance dredging and disposal activities to the 

extent that property owners adjacent to the navigation channel and 

disposal area are notified of the proposed activity. In order to effect 

compliance with Executive Order 12372, district engineers should provide 

copies of public notices to concerned state and local elected officials.

    (d) The district engineer should consider all comments received in 

response to the public notice in his subsequent actions. All comments 

expressing objections to or raising questions about the project should 

be acknowledged. Comments received as form letters or petitions, 

however, may be acknowledged as a group to the person or organization 

responsible for the form letter or petition. If comments are received 

which relate to matters within the special expertise of another agency, 

the district engineer may seek the advice of that agency. The receipt of



[[Page 605]]



comments as a result of the public notice normally should not extend 

beyond the stated comment period; however, at his discretion, the 

district engineer may provide an extension.

    (e) Notices sent to several agencies within the same state may 

result in conflicting comments from those agencies. Many states have 

designated a state agency or individual to provide a single and 

coordinated state position regarding Federal activities. Where a state 

has not so designated a single source, the district engineer, as 

appropriate, may seek from the Governor an expression of his views and 

desires concerning the proposed and subsequent similar projects.

    (f) All comments received from the public notice coordination should 

be considered in the public interest review process. Comments received 

from Federal or state agencies which are within the area of expertise of 

another agency will be communicated with that other agency if the 

district engineer needs the information to make a final determination on 

the proposed project.