[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: 33CFR337.6]



[Page 606-607]

 

                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.  337.6  Statement of Findings (SOF).



    Upon completion of the evaluation process including required 

coordination, receipt or waiver of required state certifications, and 

completion of the appropriate environmental documents, an SOF will be 

prepared. In cases involving an EIS, a ROD will be prepared in 

accordance with 33 CFR part 230 and should be used in lieu of the SOF, 

providing the substantive parts of this section are included in the ROD. 

The SOF need not duplicate information contained in supporting 

environmental documents but rather may incorporate it by reference. The 

SOF should include



[[Page 607]]



a comprehensive summary and record of compliance and should be prepared 

in the following format except that the procedures of 33 CFR 325.2 

should be followed for related activities of local interests.

    (a) The SOF should identify the name of the preparer, date (which 

may not necessarily correspond to the date signed), and name of 

waterway.

    (b) The proposed action for which the findings are made should be 

described.

    (c) A coordination section should be provided. The coordination 

section should reference the public notice number and date. The letters 

of comment and appropriate responses should be summarized. Any 

coordination undertaken by local or state agencies should also be 

discussed.

    (d) An environmental effects and impacts section should be used to 

document compliance with the applicable environmental laws. This section 

should include the views and/or conditions of the state concerning water 

quality certification and, if required, the results of the coastal zone 

consistency process.

    (e) A determinations section should reference the results of the EA 

and/or EIS and any conditions necessary to meet the state's water 

quality standards or coastal zone management program. Appropriate 

conditions or modifications should be included in the project 

specifications. This section should also contain a subsection on 

consideration of alternatives and cumulative impacts.

    (f) A section on the district engineer's findings and conclusions 

concerning the proposed project should be included.

    (g) The SOF should be dated and signed by the district engineer or 

his designee except in those cases requiring referral to higher 

authority.

    (h) In accordance with the provisions of section 104(g) of the ODA, 

the district engineer will forward a copy of the SOF to the District 

Commander, U.S. Coast Guard, if the activity involves the ocean disposal 

of dredged material.

    (i) The Findings of No Significant Impact or ROD, as appropriate, 

required by 33 CFR part 230 may be incorporated into the SOF, as 

appropriate.