[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: 33CFR337.1]

[Page 603-605]
 
                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.  337.1  Public notice.

    Presently, public notification of proposed discharges of dredged or 
fill material is required by the provisions of section 103 of the ODA 
and sections 401 and 404 of the CWA. District engineers are encouraged 
to develop procedures to avoid unnecessary duplication of state agency 
procedures. Joint public notification procedures should be a primary 
factor in the development of Memoranda of Agreement with the states as 
described in Sec.  337.4.
    (a) With the possible exception of emergency actions as discussed in 
Sec.  337.7, the district engineer should issue a public notice for 
projects involving the discharge of dredged or fill material into waters 
of the U.S. or ocean waters unless the project is authorized by a 
general permit. Public notices for Corps operation and maintenance 
activities are normally issued for an indefinite period of time and are 
not reissued unless changes in the disposal plan warrant re-evaluation 
under section 404 of the CWA or section 103 of the ODA. The public 
notice is the primary method of advising all interested parties of 
Federal projects and of soliciting comments and information necessary to 
evaluate the probable impact of the discharge of dredged or fill 
material into waters of the U.S. or ocean waters. The notice should, 
therefore, include sufficient information to provide a clear 
understanding of the nature of the activity and related activities of 
local interests in order to generate meaningful comments. A single 
public notice may be used for more than one project in appropriate 
cases. The notice normally should include the following items:
    (1) The name and location of the project and proposed disposal site.
    (2) A general description of the project and a description of the 
estimated type, composition, and quantity of materials to be discharged, 
the proposed time schedule for the dredging activity, and the types of 
equipment and methods of dredging and conveyance proposed to be used.
    (3) A sketch showing the location of the project, including depth of 
water in the area and all proposed discharge sites.
    (4) The nature, estimated amount, and frequency of known and 
anticipated related dredging and discharge to be conducted by others.
    (5) A list of Federal, state, and local environmental agencies with 
whom the activity is being coordinated.
    (6) A statement concerning a preliminary determination of the need 
for and/or availability of an environmental impact statement.
    (7) Any other available information which may assist interested 
parties in evaluating the likely impact of the proposed activity, if 
any.
    (8) A reasonable period of time, normally thirty days but not less 
than fifteen days from date of mailing except in emergency situations 
where the procedures of Sec.  337.7 will be followed, within which 
interested parties may express their views concerning the proposed 
project.
    (9) If the proposed Federal project would occur in the territorial 
seas or ocean waters, a description of the project's relationship to the 
baseline from which the territorial sea is measured.
    (10) A statement on the status of state water quality certification 
under section 401 of the CWA.
    (11) For activities requiring a determination of consistency with an 
approved state coastal zone management plan, the following information 
will be included in the notice:

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    (i) A statement on whether or not the proposed activity will be 
undertaken in a manner consistent to the maximum extent practicable with 
the state management program.
    (ii) Sufficient information to support the consistency determination 
to include associated facilities and their coastal zone effect.
    (iii) Data and supporting information commensurate with the expected 
effects of the activity on the coastal zone.
    (12) A statement on historic resources, state of present knowledge, 
likelihood of damage or other adverse effect on such resources, etc.
    (13) A statement on endangered species.
    (14) A statement on evaluation factors to be considered, adapted 
from that presented at 33 CFR 325.3(b).
    (15) The name, address, and telephone number of the Corps employee 
from whom additional information concerning the project may be obtained.
    (16) The signature of the district engineer or his designee on all 
maintenance dredged material disposal public notices.
    (17) For activities regulated under section 103 of the ODA, the 
following additional information should be integrated into the public 
notice:
    (i) A statement on the designation status of the disposal site.
    (ii) If the proposed disposal site is not a designated site, a 
description of the characteristics of the proposed disposal site and an 
explanation as to why no previously designated disposal site is 
feasible.
    (iii) A brief description of known dredged material discharges at 
the proposed disposal site.
    (iv) Existence and documented effects of other authorized disposals 
that have been made at the disposal area.
    (v) An estimated length of time during which disposal would continue 
at the proposed site.
    (vi) Information on the characteristics and composition of the 
dredged material, and the following paragraph:

    The proposed transportation of this dredged material for disposing 
of it in ocean waters is being evaluated to determine that the proposed 
disposal will not unreasonably degrade or endanger human health, 
welfare, or amenities or the marine environment, ecological systems, or 
economic potentialities. In making this determination, the criteria 
established by the Administrator, EPA pursuant to section 102(a) of the 
ODA, will be applied. In addition, based upon an evaluation of the 
potential effect which the failure to utilize this ocean disposal site 
will have on navigation, economic and industrial development, and 
foreign and domestic commerce of the United States, an independent 
determination will be made of the need to dispose of the dredged 
material in ocean waters, other possible methods of disposal, and other 
appropriate locations.

    (b) The following statement should be included in the public 
notices:

    Any person who has an interest which may be affected by the disposal 
of this dredged material may request a public hearing. The request must 
be submitted in writing to the district engineer within the comment 
period of this notice and must clearly set forth the interest which may 
be affected and the manner in which the interest may be affected by this 
activity.

    (c) Public notices should be distributed as described in 33 CFR 
325.3(c). In addition, public notices should be sent to CECW-D, Office 
of the Chief of Engineers, Washington, DC 20314, if the project involves 
the discharge of dredged material in waters of the U.S. or ocean waters. 
District engineers should also develop, as appropriate, regional mailing 
lists for Corps maintenance dredging and disposal activities to the 
extent that property owners adjacent to the navigation channel and 
disposal area are notified of the proposed activity. In order to effect 
compliance with Executive Order 12372, district engineers should provide 
copies of public notices to concerned state and local elected officials.
    (d) The district engineer should consider all comments received in 
response to the public notice in his subsequent actions. All comments 
expressing objections to or raising questions about the project should 
be acknowledged. Comments received as form letters or petitions, 
however, may be acknowledged as a group to the person or organization 
responsible for the form letter or petition. If comments are received 
which relate to matters within the special expertise of another agency, 
the district engineer may seek the advice of that agency. The receipt of

[[Page 605]]

comments as a result of the public notice normally should not extend 
beyond the stated comment period; however, at his discretion, the 
district engineer may provide an extension.
    (e) Notices sent to several agencies within the same state may 
result in conflicting comments from those agencies. Many states have 
designated a state agency or individual to provide a single and 
coordinated state position regarding Federal activities. Where a state 
has not so designated a single source, the district engineer, as 
appropriate, may seek from the Governor an expression of his views and 
desires concerning the proposed and subsequent similar projects.
    (f) All comments received from the public notice coordination should 
be considered in the public interest review process. Comments received 
from Federal or state agencies which are within the area of expertise of 
another agency will be communicated with that other agency if the 
district engineer needs the information to make a final determination on 
the proposed project.