[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: 33CFR323.6]

[Page 419-420]
 
                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.  323.6  Special policies and procedures.

    (a) The Secretary of the Army has delegated to the Chief of 
Engineers the authority to issue or deny section 404 permits. The 
district engineer will review applications for permits for the discharge 
of dredged or fill material into waters of the United States in 
accordance with guidelines promulgated by the Administrator, EPA, under 
authority of section 404(b)(1) of the CWA. (see 40 CFR part 230.) 
Subject to consideration of any economic impact on navigation and 
anchorage pursuant to

[[Page 420]]

section 404(b)(2), a permit will be denied if the discharge that would 
be authorized by such a permit would not comply with the 404(b)(1) 
guidelines. If the district engineer determines that the proposed 
discharge would comply with the 404(b)(1) guidelines, he will grant the 
permit unless issuance would be contrary to the public interest.
    (b) The Corps will not issue a permit where the regional 
administrator of EPA has notified the district engineer and applicant in 
writing pursuant to 40 CFR 231.3(a)(1) that he intends to issue a public 
notice of a proposed determination to prohibit or withdraw the 
specification, or to deny, restrict or withdraw the use for 
specification, of any defined area as a disposal site in accordance with 
section 404(c) of the Clean Water Act. However the Corps will continue 
to complete the administrative processing of the application while the 
section 404(c) procedures are underway including completion of final 
coordination with EPA under 33 CFR part 325.