[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: 33CFR337.8]



[Page 607-608]

 

                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.  337.8  Reports to higher echelons.



    (a) Certain activities involving the discharge of dredged or fill 

material require action by the division engineer or Chief of Engineers. 

Such reports should be prepared in the format described in paragraph (b) 

of this section. Reports may



[[Page 608]]



be necessary in the following situations:

    (1) When there is substantial doubt as to the authority, law, 

regulations, or policies applicable to the Federal project;

    (2) When higher authority requests the case be forwarded for 

decision;

    (3) When the state does not concur in a coastal zone consistency 

determination or attempts to concur with conditions or controls;

    (4) When the state denies or unreasonably delays a water quality 

certification or issues the certification with conditions or controls 

not related to maintenance or enforcement of state water quality 

standards or significantly exceeding the Federal standard;

    (5) When the regional administrator has advised the district 

engineer, pursuant to section 404(c) of the CWA, of his intent to 

prohibit or restrict the use of a specified discharge site; or notifies 

the district engineer that the discharge of dredged material in ocean 

waters or territorial seas will not comply with the criteria and 

restrictions on the use of the site established under the ODA; and the 

district engineer determines that the proposed disposal cannot be 

reasonably modified to alleviate the regional administrator's 

objections; and

    (6) When the state fails to grant water quality certification or a 

waiver of certification or concurrence or waiver of coastal zone 

consistency for emergency actions.

    (b) Reports. The report of the district engineer on a project 

requiring action by higher authority should be in letter form and 

contain the following information:

    (1) Justification showing the economic need for dredging.

    (2) The impact on states outside the project area if the project is 

not dredged.

    (3) The estimated cost of agency requirements which exceed those 

necessary in establishment of the Federal standard.

    (4) The relative urgency of dredging based on threat to national 

security, life or property.

    (5) Any other facts which will aid in determining whether to further 

defer the dredging and seek Congressional appropriations for the added 

expense or the need to exercise the authority of the Secretary of the 

Army to maintain navigation as provided by sections 511(a) and 404(t) of 

the CWA if the disagreement concerns water quality certification or 

other state permits.

    (6) If the disagreement concerns coastal zone consistency, the 

district engineer will follow the reporting requirement of this section 

and Sec.  336.1(b)(9) of this chapter.