[Code of Federal Regulations]
[Title 33, Volume 3]
[Revised as of July 1, 2008]
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 UNITED STATES--Table of Contents
 
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 willreview applications for permits for the discharge
of dredged or fill material into waters of the United States in
accordance with guidelines promulgated bythe Administrator, EPA, under
authority of section 404(b)(1) of the CWA. (see 40 CFR part 230.)
Subject to consideration of any economic impact onnavigation 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 notcomply with the 404(b)(1)
guidelines. If the district engineer determines that the proposed
discharge would comply with the 404(b)(1) guidelines, he willgrant 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 to40 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 orwithdraw 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 willcontinue to
complete the administrative processing of the application while the
section 404(c) procedures are underway including completion of
finalcoordination with EPA under 33 CFR part 325.