[Code of Federal Regulations]
[Title 33, Volume 3]
[Revised as of July 1, 2007]
From the U.S. Government Printing Office via GPO Access
[CITE: 33CFR323.1]

[Page 413]
 
                TITLE 33--NAVIGATION AND NAVIGABLE WATERS
 
 CHAPTER II--CORPS OF ENGINEERS, DEPARTMENT OF THE ARMY, DEPARTMENT OF 
                                 DEFENSE
 
PART 323_PERMITS FOR DISCHARGES OF DREDGED OR FILL MATERIAL INTO WATERS OF THE 
 
Sec.  323.1  General.

    This regulation prescribes, in addition to the general policies of 
33 CFR part 320 and procedures of 33 CFR part 325, those special 
policies, practices, and procedures to be followed by the Corps of 
Engineers in connection with the review of applications for DA permits 
to authorize the discharge of dredged or fill material into waters of 
the United States pursuant to section 404 of the Clean Water Act (CWA) 
(33 U.S.C. 1344) (hereinafter referred to as section 404). (See 33 CFR 
320.2(g).) Certain discharges of dredged or fill material into waters of 
the United States are also regulated under other authorities of the 
Department of the Army. These include dams and dikes in navigable waters 
of the United States pursuant to section 9 of the Rivers and Harbors Act 
of 1899 (33 U.S.C. 401; see 33 CFR part 321) and certain structures or 
work in or affecting navigable waters of the United States pursuant to 
section 10 of the Rivers and Harbors Act of 1899 (33 U.S.C. 403; see 33 
CFR part 322). A DA permit will also be required under these additional 
authorities if they are applicable to activities involving discharges of 
dredged or fill material into waters of the United States. Applicants 
for DA permits under this part should refer to the other cited 
authorities and implementing regulations for these additional permit 
requirements to determine whether they also are applicable to their 
proposed activities.