[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: 33CFR338.2]



[Page 609-610]

 

                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.  338.2  Activities involving the discharge of dredged or fill 

material into waters of the U.S.



    (a) Generally, fill activities conducted by the Corps for operations 

and maintenance of existing Civil Works water resource and navigation 

projects are routine and have little, if any, potential for significant 

degradation of the environment. District engineers are encouraged to 

develop general authorizations in accordance with section 404 of the CWA 

and 104 of the ODA following the procedures of Sec.  337.5 of this 

chapter for categories of such routine activities. The general 

authorization should satisfy all compliance requirements including water 

quality certifications and, if applicable, coastal zone consistency 

determinations. For activities which are not conducive to the 

development of general authorizations or are more appropriately 

evaluated on an individual basis, the following procedures should be 

followed.

    (b) A public notice should be issued using the procedures Sec.  

337.1 of this chapter.

    (c) Water quality certifications should be requested and, if 

applicable, coastal zone consistency determinations should be provided 

using the procedures of Sec.  336.1(b) (8) and (9) of this chapter.

    (d) The discharge site should be specified through the application 

of the section 404(b)(1) guidelines.

    (e) The procedures of 40 CFR part 230 should be used to determine 

the NEPA compliance requirements.



[[Page 610]]



    (f) The factors of Sec.  336.1(c) of this chapter should be followed 

when evaluating fill activities.

    (g) Upon completion of all required coordination and after receipt 

of the necessary state certifications, the district engineer should 

prepare an SOF in accordance with Sec.  337.6.



[53 FR 14920, Apr. 26, 1988]