33 CFR 323.3 - Discharges requiring permits

Cite as33 CFR 323.3
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32 practice notes
  • Issuance and Reissuance of Nationwide Permits
    • United States
    • Federal Register January 06, 2017
    • 6 Enero 2017
    ...Act. The term ``discharge of dredged material'' is defined at 33 CFR 323.2(d). The term ``discharge of fill material'' is defined at 33 CFR 323.3(f). The U.S. EPA has the authority to make the final determination as to which activities qualify for the exemptions in section 404(f) of the Cle......
  • Part II
    • United States
    • Federal Register March 12, 2007
    • 12 Marzo 2007
    ...This NWP authorizes aggregate mining activities. Two commenters said that all references to excavation in the NWPs should cite 33 CFR 323.3(d) to clarify that not all excavation activities require section 404 permits. One commenter suggested adding a new general condition which would requir......
  • Reissuance of Nationwide Permits
    • United States
    • Federal Register February 21, 2012
    • 21 Febrero 2012
    ...section 10 authorization. Such a structure would not require a section 404 permit unless it meets the definition of fill material (see 33 CFR 323.3(c)). One commenter asked why NWP 33 activities require pre-construction notification for temporary structures, work, and discharges while these......
  • Separate Parts In This Issue Part II Army Department, Engineers Corps,
    • United States
    • Federal Register March 12, 2007
    • 12 Marzo 2007
    ...This NWP authorizes aggregate mining activities. Two commenters said that all references to excavation in the NWPs should cite 33 CFR 323.3(d) to clarify that not all excavation activities require section 404 permits. One commenter suggested adding a new general condition which would requir......
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23 cases
  • Monongahela Power Co. v. Marsh, Nos. 81-1201
    • United States
    • United States Courts of Appeals. United States Court of Appeals (District of Columbia)
    • 13 Enero 1987
    ...59-63. 80 Train v. Colorado Pub. Interest Research Group, supra note 76, 426 U.S. at 8, 96 S.Ct. at 1941, 48 L.Ed.2d at 440. 81 33 C.F.R. Sec. 323.3(e) (1982). In July, 1982, shortly after submission of this case, the Corps of Engineers revised the regulations affecting permits for the disc......
  • United States v. Tull, Civ. A. No. 81-688-N.
    • United States
    • United States District Courts. 4th Circuit. United States District Court (Eastern District of Virginia)
    • 28 Septiembre 1983
    ...The government does not seek relief for any filling activity on Lots 1-22 as that was likely completed prior to July 25, 1975. See 33 C.F.R. § 323.3(a)(1). An estimated 20,000 cubic yards of sand were used to fill the Ocean Breeze Mobile Home Sites. Filling activity by the defendant on the ......
  • U.S. v. Schmitt, No. CV 89-2126 ADS.
    • United States
    • United States District Courts. 2nd Circuit. United States District Court (Eastern District of New York)
    • 31 Marzo 1998
    ...... sections ... 1344 of this title, the discharge of any pollutant by any person shall he unlawful. 33 U.S.C. § 1311(a). In addition, 33 C.F.R. § 323.3(a) Except as provided in § 323.4 of this Part, [Department of Army] permits will be required for the discharge of dredged or fill material......
  • Huron Mountain Club v. United States Army Corps of Eng'rs, File No. 2:12-CV-197
    • United States
    • U.S. District Court — Western District of Michigan
    • 25 Julio 2012
    ...shall publish the notice required by this subsection.Page 1033 U.S.C. § 1344(a). CWA § 404 permits are also issued by the Corps. See 33 C.F.R. § 323.3(a) ("DA [Department of the Army] permits will be required for the discharge of dredged or fill material into waters of the United State......
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1 firm's commentaries
  • U.S. Army Corps Issues Final Nationwide Permits for Aquaculture
    • United States
    • JD Supra United States
    • 18 Enero 2021
    ...1356 (W.D. Wash. 2019). 7Final Decision Document, NWP 48 at 6. 8See 33 C.F.R. § 322.3. 9Final Decision Document, NWP 48 at 7. 10See 33 C.F.R. § 323.3. 11See Final Decision Document, NWP 48 at 12, 14Id. at 12. 15Final Rule at 2,804. 16Final Rule at 2,864. 17Final Rule at 2,864–65. 18See 5 U.......
2 books & journal articles
6 provisions
  • Issuance and Reissuance of Nationwide Permits
    • United States
    • Federal Register January 06, 2017
    • 6 Enero 2017
    ...Act. The term ``discharge of dredged material'' is defined at 33 CFR 323.2(d). The term ``discharge of fill material'' is defined at 33 CFR 323.3(f). The U.S. EPA has the authority to make the final determination as to which activities qualify for the exemptions in section 404(f) of the Cle......
  • Part II
    • United States
    • Federal Register March 12, 2007
    • 12 Marzo 2007
    ...This NWP authorizes aggregate mining activities. Two commenters said that all references to excavation in the NWPs should cite 33 CFR 323.3(d) to clarify that not all excavation activities require section 404 permits. One commenter suggested adding a new general condition which would requir......
  • Reissuance of Nationwide Permits
    • United States
    • Federal Register February 21, 2012
    • 21 Febrero 2012
    ...section 10 authorization. Such a structure would not require a section 404 permit unless it meets the definition of fill material (see 33 CFR 323.3(c)). One commenter asked why NWP 33 activities require pre-construction notification for temporary structures, work, and discharges while these......
  • Separate Parts In This Issue Part II Army Department, Engineers Corps,
    • United States
    • Federal Register March 12, 2007
    • 12 Marzo 2007
    ...This NWP authorizes aggregate mining activities. Two commenters said that all references to excavation in the NWPs should cite 33 CFR 323.3(d) to clarify that not all excavation activities require section 404 permits. One commenter suggested adding a new general condition which would requir......
  • Request a trial to view additional results

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