40 CFR 230.7 - General permits

Cite as40 CFR 230.7
    • This document is available in original version only for vLex customers

      View this document and try vLex for 7 days
    • TRY VLEX
38 practice notes
  • Part II
    • United States
    • Federal Register March 12, 2007
    • March 12, 2007
    ...its finding under the 404(b)(1) Guidelines. When we issue the NWPs, we fully comply with the requirements of the 404(b)(1) Guidelines at 40 CFR 230.7, which govern the issuance of general permits under section 404. For the section 404 NWPs, each decision document contains a 404(b)(1) Guidel......
  • Part II
    • United States
    • Federal Register April 10, 2008
    • April 10, 2008
    ...minimize adverse impacts to the aquatic ecosystem. For general permits, compliance with the Section 404(b)(1) Guidelines is clarified at 40 CFR 230.7. In addition, a new paragraph at 33 CFR 332.1(f)(2) [40 CFR 230.91(f)(2)] has been added to the final rule which clarifies which provisions o......
  • Part II
    • United States
    • Federal Register December 12, 2008
    • December 12, 2008
    ...most recent version of its general permits-- When we issue the NWPs, we fully comply with the requirements of the 404(b)(1) Guidelines at 40 CFR 230.7, which govern the issuance of general permits under section 404. For the section 404 NWPs, each decision document contains a 404(b)(1) Guide......
  • Proposal To Reissue and Modify Nationwide Permits
    • United States
    • Federal Register June 01, 2016
    • June 1, 2016
    ...The 404(b)(1) Guidelines approach to cumulative effects analysis for the issuance or reissuance of general permits is described at 40 CFR 230.7(b). Corps Headquarters issues a decision document for each NWP, which includes a NEPA environmental assessment, a public interest review, and if ap......
  • Request a trial to view additional results
24 cases
  • Wy Outdoor Council Powder River v. U.S. Army Corps, No. 02-CV-155-D.
    • United States
    • United States District Courts. 10th Circuit. District of Wyoming
    • January 7, 2005
    ...an Environmental Assessment ("EA"); and (2) whether the Corps violated the CWA, 33 U.S.C. § 1344(e), and its implementing regulations, 40 C.F.R. § 230.7, by failing to support its findings that the impacts of GP 98-08 would be cumulatively minimal and that the activities permitted would be ......
  • Ohio Valley Environmental Coalition v. Hurst, Civil Action No. 3:03-2281.
    • United States
    • United States District Courts. 4th Circuit. Southern District of West Virginia
    • March 31, 2009
    ...evaluation of the potential individual and cumulative impacts of the category of activities to be regulated under the General permit." 40 C.F.R. § 230.7(b); see also id. § I FIND that the Corps' individual impacts determination was reasonable because it constituted a reasoned prediction bas......
  • Black Warrior Riverkeeper, Inc. v. U.S. Army Corps of Eng'rs, Case No. 2:13–CV–02136–WMA.
    • United States
    • United States District Courts. 11th Circuit. United States District Court of Northern District of Alabama
    • May 21, 2014
    ...a national-level analysis, including an estimate of how many operations will likely be regulated under the NWP until its expiration. 40 C.F.R. § 230.7(b)(3). If and only if the Corps determines that the covered activities will have no more than minimal adverse effects nationwide, does the C......
  • Optimus Steel, LLC v. U.S. Army Corps of Eng'rs, CIVIL ACTION NO. 1:20-CV-00374
    • United States
    • United States District Courts. 5th Circuit. United States District Court of Eastern District Texas
    • October 4, 2020
    ...General permits must also comply with the CWA Section 404(b)(1) Guidelines promulgated by the U.S. Environmental Protection Agency. 40 C.F.R. § 230.7(b). General permits last up to five years, at which point they must be reissued or left to expire. 33 U.S.C. § 1344(e)(2).For a specific proj......
  • Request a trial to view additional results
3 books & journal articles
  • Section 404 Permits
    • United States
    • Wetlands Law: A Course Source. Second Edition
    • June 13, 2017
    ...individual permits.” Id. Both the Corps and EPA have adopted general permit regulations. See 33 C.F.R. Part 325 (Corps’ regulations); 40 C.F.R. § 230.7 (EPA’s regulations). A. Issuance of General Permits The Clean Water Act authorizes the Corps of Engineers, “after notice and opportunity fo......
  • The Gulf Coast Pipeline: A Stealthy Step Toward the Completion of the Keystone XL Pipeline Project
    • United States
    • Capital University Law Review Nbr. 44-2, March 2016
    • March 1, 2016
    ...42 U.S.C. § 4332 (2012). 43 Spiller v. Walker, No. A 98 CA 255 SS, 1998 U.S. Dist. LEXIS 18341 at *52 (W.D. Tex. Aug. 25, 1998). 44 See 40 C.F.R. § 230.7 (2013). 45 467 U.S. 837 (1984). 46 Id. at 844. 47 See 40 C.F.R. § 230.7. 48 See infra notes 227–228 and accompanying text. 49 See infra P......
  • General Permits: An Environmental Minefield
    • United States
    • Environmental Law Reporter Nbr. 46-8, August 2016
    • August 1, 2016
    ...3,500 x 10 years x 250 feet (conservative estimate of the average length of bulkheads) ÷ 5,280 (feet in a mile) = 1,657 miles. 38. 40 C.F.R. § 230.7(a)(3). percent of the shoreline of Mobile Bay, Alabama. 39 his percentage has increased markedly. 40 he study went on to reveal that these bul......

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT