[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: 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 
 
Sec.  338.1  Purpose.

    (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]