[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: 33CFR338.1]



[Page 609]

 

                TITLE 33--NAVIGATION AND NAVIGABLE WATERS

 

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

                                 DEFENSE

 

PART 338_OTHER CORPS ACTIVITIES INVOLVING THE DISCHARGE OF DREDGED 

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

 

Sec.  338.1  Purpose.









Sec.

338.1 Purpose.

338.2 Activities involving the discharge of dredged or fill material 

          into waters of the U.S.



    Authority: 33 U.S.C. 1344.





    (a) The procedures of this part, in addition to the provisions of 33 

CFR parts 335 through 337, should be followed when undertaking Corps 

operations and maintenance activities involving the discharge of fill 

material into waters of the U.S., except that the procedures of part 336 

of this chapter will be used in those cases where the discharge of fill 

material is also the discharge of dredged material, i.e., beach 

nourishment, within banks disposal for erosion control, etc.

    (b) After construction of Corps Civil Works water resource projects, 

certain operations and maintenance activities involving the discharge of 

fill material require evaluation under the CWA. These activities 

generally include lakeshore management, installation of boat ramps, 

erosion protection along the banks of navigation channels, jetty 

maintenance, remedial erosion control, etc. While these activities are 

normally addressed in the existing environmental impact statement for 

the project, new technology or unexpected events such as storms or high 

waters may require maintenance or remedial work not fully addressed in 

existing environmental documents or state permits. In determining 

compliance with the applicable environmental laws and regulations the 

district engineer should use the CWA exemptions at 404(f) and NEPA 

categorical exclusions to the maximum extent practicable. If the 

district engineer decides that the changes have not been adequately 

addressed in existing environmental documentation, the procedures of 

this part should be followed.



[53 FR 14920, Apr. 26, 1988]