[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: 33CFR337.7]



[Page 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.  337.7  Emergency actions.



    After obtaining approval from the division engineer, the district 

engineer will respond to emergency situations on an expedited basis, 

complying with the procedures of this regulation to the maximum degree 

practicable. The district engineer will issue a public notice describing 

the emergency in accordance with Sec.  337.1, if such a notice is 

practicable in view of the emergency situation; such a public notice 

should be forwarded to all appropriate Federal and state agencies. The 

district engineer should prepare a section 404(b)(1) evaluation report 

and, as necessary, an environmental assessment, if this is practicable 

in view of the emergency situation. If comments are received from the 

public notice which, in the judgment of the district engineer, reveal 

the necessity of modifying the emergency operation, the district 

engineer should take appropriate measures to modify the emergency 

operation to reduce, avoid, or minimize adverse environmental impacts. 

If the district engineer, after receiving comments from the public 

notice, determines that the emergency action would constitute a major 

Federal action significantly affecting the quality of the human 

environment, he should, after consultation with the division engineer, 

coordinate with the Council on Environmental Quality about alternative 

arrangements for compliance with the NEPA in accordance with 40 CFR 

1506.11 to the extent that it is practicable in view of the emergency 

situation. District engineers should consult with the appropriate state 

officials to seek water quality certification or waiver of 

certification, and should certify that the Federal action is consistent 

to the maximum extent practicable with an approved coastal zone 

management plan for emergency activities, to the extent that is 

practicable in view of the emergency.