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Federal Register / Vol. 51. No. 219 / Thursday, November 13, 1986 / Rules and Regulations 41259
<br />should be required for categories of
<br />activities. or in specific geographic
<br />areas. However. only the Chief of
<br />Engineers may modify. suspend, or
<br />revoke naticnwtde permits on a
<br />statewide or nationwide basis. The
<br />division engineer will announce the
<br />decision to persons affected by the
<br />action. The district engineer will then
<br />regulate the activity or activities by
<br />processing an application(s) for an
<br />individual permit(s) pursuant to 33 CFR
<br />Part 325.
<br />(d) For the nationwide permit found at
<br />§ 330.5(a)(26), after the applicable
<br />provisions of § 330.7(3) (1) and (3) have
<br />been satisfied, the permittee's right to
<br />proceed under the general permit may
<br />be modified. suspended. or revoked only
<br />in accordance with the procedure set
<br />forth in 33 CFR 325.7.
<br />(e) A cony of all mc-difications or
<br />revocations of activities covered by
<br />nationwide permits will be forwarded to
<br />the Office of the Chief of Engineers.
<br />ATTti: UAEN-CW'0-N.
<br />330.9 State water quality certification.
<br />(a) State water quality certification is
<br />required for nationwide permits which
<br />may result in any discharge into waters
<br />of the United States, If a state issues a
<br />v, iter quality certification which
<br />Includes special conditions, the district
<br />engineer will add these conditions as
<br />conditions of the nationwide permit in
<br />that state. However, if such conditions
<br />(Io not comply with the provisions of 33
<br />CFR 325.4 or if a state denies a required
<br />401 certification for a particular
<br />nationwide permit, authorization for all
<br />di;charges covered by the nationwide
<br />permit within the state :s denied. without
<br />p-e;udice until the state issues an
<br />irQ-iyidual or generic water quality
<br />ze-tiitcation or waives its right to do so.
<br />A distr.ct engineer i� ill not process an
<br />Individual permit application for an
<br />activity for which authorization has
<br />been Beni•:d without prejudice under the
<br />r:atinnwide pern:!t program. flowever. if
<br />the division engineer determines that it
<br />would otherwise be appropriate. to
<br />exercise his discretionary au,hortty.
<br />irsuant to § J30.8, to override the
<br />r.ationvvide permit or permits in
<br />question, he may do so, and the district
<br />engineer may proceed with the
<br />processing of ir,&vidual permit
<br />>pplications. I.-. mst-�-ices where a state
<br />has dented the ,01 water quality
<br />certification for discharges under a
<br />particular nationwide permit. applicants
<br />must furnish the district engineer with
<br />an individual or generic 401 certification
<br />or a copy of the application to the state
<br />for the certification. If a state fails to act
<br />within a reasonable period of time (see
<br />§ 325.2(b)(1)(ii)), a waiver will be
<br />presumed. Upon receipt of an individual
<br />or generic certification or a waiver of
<br />certification, the proposed work is
<br />authorized under the nationwide permit.
<br />If a state issues a conditioned individual
<br />certification, the district engineer will
<br />include those conditions that comply
<br />with 33 CFR 325.4 as special conditions
<br />of the nationwide permit (see 33 CFR
<br />Part 330.8(a)) and notify the applicant
<br />that the work is authorized under the
<br />nationwide permit provided all
<br />conditions are met.
<br />(b) Certification requirements for
<br />nationwide permits fall into the
<br />following general categories:
<br />(1) No certification required.
<br />Nationwide permits numbered 1. 2, 4. 5.
<br />8. 9, 10. 11, and 19 do not involve
<br />activities which may result in a
<br />discharge and therefore 401 certification
<br />is not applicable.
<br />(2) Certification sometimes required.
<br />Nationwide permits numbered 3. B. 7, 13.
<br />20. 21, 22. and 23 each involve various
<br />activities, some of which may result in a
<br />discharge and require certification, and
<br />others of which do not. State denial of
<br />certification for any specific nationwide
<br />permit in this category affects only those
<br />activities involving discharges. Those
<br />not involving discharges remain in
<br />effect.
<br />(3) Certification required. Nationwide
<br />permits numoered 12. 14, 15, 16. 17, 18,
<br />24. 25, and 28 involve activities which
<br />would result in discharges and therefore
<br />401 certification is required.
<br />(c) District engineers will take
<br />appropriate measures to inform the
<br />public of which waterbodies or regions
<br />within the state, and for which
<br />nationwide permits, an individual 401
<br />water quality certification is required.
<br />§ 330.10 Coastal zone management
<br />consistency determination.
<br />In instances where a state has not
<br />concurred 'hat a particular nationwide
<br />permit is consistent with an approved
<br />coastal zone management plan.
<br />P-.:ihorization for all activities subject to
<br />►uch nationwide permit within or
<br />affecting the state coastal zone agency's
<br />area of authority is denied without
<br />prejudice until the applicant has
<br />furnished to the district engineer a
<br />coastal zone management consistency
<br />determination pursuant to section 307 of
<br />the Coastal Zone Management Act and
<br />the state has concurred in it. If a state
<br />does not act on an applicant's
<br />consistency statement within six months
<br />after receipt by the state, consistency
<br />shall be presumed. District engineers
<br />will take appropriate measures to inform
<br />the public of which waterbodies or
<br />regions within the state, and for which
<br />nationwide permits, such individual
<br />consistency determination is required.
<br />District engineers will not process any
<br />;permit application for an activity which
<br />has been denied without prejudice
<br />under the nationwide permit program.
<br />However, if the division engineer
<br />determines that it would otherwise be
<br />appropriate to exercise his discretionary
<br />authority, pursuant to 4 330.8. to
<br />override the nationwide permit or
<br />permits in question. he may do so, and
<br />the district engineer may proceed with
<br />the processing of individual permit
<br />applications.
<br />§ 330.11 Nationwide permit verification.
<br />(a) Ceneral permittees may, and in
<br />some cases must, request from a district
<br />engineer confirmation that an activity
<br />complies with the terms and conditions
<br />of a nationwide permit. M!,trict
<br />engineers will respond promptly to such
<br />requests. The respor:se will state that
<br />the verification is valid for a period of
<br />no more than two years or a lesser
<br />period of time if deemed appropriate.
<br />Section 330.12 takes precedence over
<br />this section, therefore, it is incumbent
<br />upon the perm►ttee to remain informed
<br />of changes to nationwide permits.
<br />(b) If the district engineer decides that
<br />an activity does not comply with the
<br />terms or conditions of a nationwide
<br />permit, he will so notify the person
<br />desiring to do the work and indicate that
<br />an individual permit is required (unless
<br />covered by a regional permit).
<br />(c) If the district engineer decides that,
<br />an activity does comply with the terms
<br />and conditions of a nationwide permit
<br />he will so notify the general permittee.
<br />In such cases, as with any activity
<br />which qualifies under a nationwide
<br />permit, the general permittee's right to
<br />proceed with the activities under the
<br />nationwide permit may be modified,
<br />suspended. or revoked only in
<br />accordance with the procedures of 33
<br />CFR 325.7.
<br />§ 330.12 Expiration of nationwide permits.
<br />The Chief of Engineers will review
<br />nationwide permits on a continual basis,
<br />and will decide to either -modify, reissue
<br />(extend) or revoke the permits at least
<br />every five years. If a nationwide permit
<br />is not modified or reissued within five
<br />years of publication in the Federal
<br />Register, it automatically expires and
<br />becomes null and void. Authorization of
<br />activities which have commenced or are
<br />under contract to commence in reliance
<br />upon a nationwide permit will remain in
<br />effect provided the activity is completed
<br />within twelve months of the date a
<br />nationwide permit has expired or was
<br />revoked unless discretionary permit
<br />authority has been exercised in
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