pf_01840 - Laserfiche WebLink

Home

41258. - Federal Register / Vol. 51, No. 219 / Thursday, November 13. 1986 / Rules and Regulations received from the district or division engineer. (b) Notification pursuant to the nationwide permit at 8 330.5(a)(26) must be in writing and include the information listed below. Notification is not an admission that the proposed work would result in more than minimal impacts to waters of the United States; it simply allows the district or division engineer to evaluate specific activities for compliance with general permit criteria. (1) Name, address, and phone number of the general permittee. (2) Location of the planned work: (3) Brief description of the proposed work, its purpose, and the approximate size of the waters. including wetlands, which would be lost or substantially adversely modified as a result of the work; and (4) Any specific information required by the nationwide permit and any other information that the permittee believes is appropriate. (c) District engineer review of notification. Upon receipt of notification, the district engineer will promptly review the general permittee's notification to determine which of the following procedures should be followed: (1) If the nationwide permit at 330.5(a)(26) is involved and the district engineer determines either, (i) the proposed activity falls within a c19ss of discharges or will occur in a category of waters which has been previously identified by the Regional Administrator, Environmental Protection Agency: the Regional Director. Fish and Wildlife Service: the Regional Director, National Marine Fisheries Service: or the heads of the appropriate state natural resource agencies as being of particular interest to those agencies: or (n) the particular discharge has not been previously identified but he believes it may he of importance to those agencies, he will promptly forward the notification to the division engineer and the head and appropriate staff officials of those agencies to afford those agencies an adequate opportunity before such discharge occurs to consider such notification and express their views, if any, to the district engineer concerning whether individual permits should be required. (2) If the nationwide permits at 330.5(a) (7), (17), or (21) are involved and the Environmental Protection Agency, the Fish and Wildlife Service, 'he National Marine Fisheries Service or the appropriate state natural resource or water quality agencies forward concerns to the district engineer, he will forward those concerns to the division engineer together with a statement of the factors pertinent to a determination of the environmental effects of the proposed discharges, including those set forth in the 404(b)(1) guidelines, and his views on the specific points raised by those agencies. (3) If the nationwide permit at ✓) 330.5(a)(21) is involved the district engineer will give notice to the Environmental Protection Agency and the appropriate state water quality agency. This notice will include as a minimum the information required by paragraph (b) of this section. (d) Division engineerreview of notification. The division engineer will review all notifications referred to him in accordance with paragraph (c)(1) or (c)(2) of this section. The division engineer will require an individual permit when he determines that an activity does not comply with the terms or conditions of a nationwide permit or does not meet the definition of a general permit (see 33 CFR 322.2(o and 32:1.2(n)) including discharges under the nationwide permit at ¢ 330.5(a)(26) which have more than minimal adverse environmental effects on the aquatic environment when viewed either cumulatively or separately. In reaching his decision, he will review factors pertinent to a determination of the environmental effects of the proposed discharge, including those set forth in the 404(b)(1) guidelines, and will give full consideration to the views, if any, of the federal and state natural resource agencies identified in paragraph (c) of this section. If the division engineer decides that an individual permit is not required, and a federal or appropriate state natural resource agency has indicated in writing that an activity may result in more than minimal adverse environmental impacts, he, will prepare a written statement, available to the public on request, which sets forth his response to the specific points raised by the commenting agency. When the division engineer reaches his decision he will notify the district engineer, who will immediately notify the gcneral permittee of the division engineer's decision. ¢330.11 Discretionary authority. Except as provided in paragraphs (c) (2) and (d) of this section. division engineers on their own initiative or upon recommendation of a district engineer are authorized to modify nationwide permits by adding regional conditions or to override nationwide permits by requiring individual permit applications on a rase -by -case basis, for a category of activities, or in specific geographic areas. Discretionary authority will be based on concerns for the aquatic environment as expressed in the guidelines published by EPA pursuant to section 404(b)(1). (40 CFR Part 230) (a) Activity Specific conditions. Division engineers are authorized to modify nationwide permits by adding individual conditions on a case by -case basis applicable to certain activities within their division. Activity specific conditions may be added by ...e District Engineer in instances where there is mutual agreement between the district engineer and the permittee. Furthermore. district engineers will condition NWPs with conditions which have been imposed on a state section 401 water quality certification issued pursuant to li 330.9 of this Part. (b) Regional conditions. Division engineers are authorized to modify nationwide permits by adding conditions on a generic basis applicable to certain activities or specific geographic areas within their divisions. In developing regional conditions, division and district engineers will follow standard permit processing procedures as prescribed in 33 CFR Part 325 applying the evaluation criteria of 33 CFR Part 320 and appropriate parts of 33 CFR Parts 321. 322, 323, and 324. Division and district engineers will take appropriate measures to inform the public of the additional conditions. (c) Individuol permits-(1) Case -by - Case. In nationwide permit cases where additional individual or regional conditioning may not be sufficient to address concerns for the aquatic environment or where there is not sufficient time to 6evelop such conditions under paragraphs (a) or (b) of this section, the division engineer may suspend use of the nationwide permit and require an individual permit application on a case -by -case basis. The district engineer will evaluate the application and will either issue or deny a permit. However, if at any time the reason for taking discretionary authority is satisfied, then the division engineer may remove the suspension, reactivating authority under the nationwide permit. Where time is of the essence, the district engineer may telephonically recommend that the division engineer assert discretionary authority to require an individual permit application for a specific activity. If the division engineer concurs, he may orally authorize the district engineer to implement that authority. Oral authorization should be followed by written confirmation. (2) Category. Additionally, after notice and opportunity for public hearing, division engineers may decide that individual permit applications