33 CFR 325.2 - Processing of applications

Cite as33 CFR 325.2
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136 practice notes
  • Part II
    • United States
    • Federal Register March 12, 2007
    • March 12, 2007
    ...period that does not allow the Corps to process the application under standard procedures. As many commenters pointed out, pursuant to 33 CFR 325.2(e)(4), the Corps has already developed special permitting and permit application processing procedures for emergency situations, which are appl......
  • Part II
    • United States
    • Federal Register April 10, 2008
    • April 10, 2008
    ...and are outside the scope of today's rule. The regulations governing the timing for processing DA permit applications are provided at 33 CFR 325.2(d). Since the final rule includes in-lieu fee programs as a source of compensatory mitigation for DA permits, we have revised Sec. 332.8(d)(1) [......
  • Issuance and Reissuance of Nationwide Permits
    • United States
    • Federal Register January 06, 2017
    • January 6, 2017
    ...projects that are not covered by NWPs or regional general permits may be addressed under the Corps' emergency permitting procedures at 33 CFR 325.2(e)(4). Our general approach for evaluating cumulative effects in the NWP program is described above in this final National Environmental Policy......
  • Separate Parts In This Issue Part II Army Department, Engineers Corps,
    • United States
    • Federal Register March 12, 2007
    • March 12, 2007
    ...period that does not allow the Corps to process the application under standard procedures. As many commenters pointed out, pursuant to 33 CFR 325.2(e)(4), the Corps has already developed special permitting and permit application processing procedures for emergency situations, which are appl......
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96 cases
  • OKL. WILDLIFE FEDERATION v. US ARMY CORPS OF ENG., No. 87-C-237-B.
    • United States
    • United States District Courts. 10th Circuit. Northern District of Oklahoma
    • January 5, 1988
    ...processing applications for such permits are set forth in these regulations. 11. The District Engineer is required by the regulations (33 C.F.R. § 325.2(a)(4) to comply with the Corps' National Environmental Policy Act (NEPA) implementation policy and guidance in 33 C.F.R. Part 12. Appendix......
  • Black Warrior Riverkeeper, Inc. v. Ala. Dep't of Transp., CASE NO. 2:11-CV-267-WKW (WO)
    • United States
    • United States District Courts. 11th Circuit. Middle District of Alabama
    • January 19, 2016
    ...environment." 40 C.F.R. § 230.11. COE's implementing regulations incorporate the § 404(b)(1) Guidelines. 33 C.F.R. § 320.4(b)(4); 33 C.F.R. § 325.2(a)(6). Under the applicable regulations, "[t]he decision whether to issue a permit will be based on an evaluation of the probable impacts, incl......
  • Home Builders, Chicago v. U.S. Army Corps, Engin., No. 02-2155.
    • United States
    • United States Courts of Appeals. United States Court of Appeals (7th Circuit)
    • July 10, 2003
    ...other federal agencies Page 620 only, and not with local agencies like LCSMC and LCSWCD, is without merit. Home Builders refers us to 33 C.F.R. § 325.2(e)(3), which states that "[d]ivision and district engineers are authorized and encouraged to develop joint procedures with states and other......
  • Sierra Club v. Strock, No. 03 23427 CV.
    • United States
    • U.S. District Court — Southern District of Florida
    • July 13, 2007
    ...Corps "originally intended to issue a General Permit, delegating its authority to DERM. AR468." Sierra Club, at 1351. 293. See also 33 C.F.R. § 325.2(e) and 33 C.F.R. § 294. In Sierra Club v. U.S. Army Corps of Eng'rs, 464 F.Supp.2d 1171 (M.D.Fl.2006), the Corps' decision to issue a regiona......
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22 firm's commentaries
  • Emergency Exemptions From Environmental Laws Applicable To The Coronavirus Pandemic
    • United States
    • Mondaq United States
    • March 26, 2020
    ...§ 1321(a)(12); emergencies that require expedited procedures for the processing of permit applications by the Corps of Engineers, 33 C.F.R. § 325.2(e)(4); emergencies requiring expedited direct action by the Corps of Engineers, 33 C.F.R. § 337.7; and exigent discharges of oil and hazardous ......
  • Hurricane Irma Client Alert: Addressing Environmental Releases And Obligations
    • United States
    • Mondaq United States
    • October 4, 2017
    ...§ 122.41(n)(1). Emergencies that require expedited procedures for the processing of permit applications by the Corps of Engineers. 33 C.F.R. § 325.2(e)(4). Exigent circumstances regarding discharges of oil and hazardous substances do not require permits. 33 U.S.C. § 1321(c); 40 C.F.R. § 122......
  • Hurricane Harvey Client Alert: Addressing Environmental Releases And Obligations
    • United States
    • Mondaq United States
    • September 21, 2017
    ...§ 122.41(n)(1). Emergencies that require expedited procedures for the processing of permit applications by the Corps of Engineers. 33 C.F.R. § 325.2(e)(4). Exigent circumstances regarding discharges of oil and hazardous substances do not require permits. 33 U.S.C. § 1321(c); 40 C.F.R. § 122......
  • Environmental Provisions of the FAST Act
    • United States
    • JD Supra United States
    • January 5, 2016
    ...permit dealing with stormwater discharge for highway reconstruction projects, and requires the application of emergency projects under 33 C.F.R. §325.2(e)(4) (Section 404 permits), the National Historic Preservation Act, the Endangered Species Act, and other federal environmental laws. Sect......
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9 books & journal articles
  • Practicable Alternatives for Wetlands Development Under the Clean Water Act
    • United States
    • Environmental Law Reporter Nbr. 48-10, October 2018
    • October 1, 2018
    ...is not required, 2017) [hereinafter Rolband Interview] (pre-application meeting used to get input from Corps and rene issues).125. 33 C.F.R. §§325.2(a)(2), 325.3 (2018).126. Updated Standard Operating Procedures, supra note 51, ¶ 9. See 33 C.F.R. §325.1(d)(1)-(10) (2018), listing the requ......
  • Federal Wetlands Law Permits Under §404
    • United States
    • Wetlands deskbook. 4th edition -
    • April 11, 2015
    ...See S. Rep. No. 370–80 (1977), reprinted in 1977 U.S.C.C.A.N. 4326, 4405. 6. 33 U.S.C. §1344(e)(l), ELR Stat. FWPCA §404(e)(1). 7. 33 C.F.R. §325.2(e)(2) (2008). For example, the Corps’ New England District, covering Connecticut, Maine, Massachusetts, New Hampshire, Rhode Island, and Vermon......
  • Federal Environmental Permitting of Offshore Aquaculture: Coverage and Challenges
    • United States
    • Environmental Law Reporter Nbr. 45-9, September 2015
    • September 1, 2015
    ...of generating substantial public comment during the permitting process. See ELI Corps Report, supra note 8, at 8, 13-16. 19. 33 C.F.R. §325.2(d)(4). 20. Id. §325.8 (authorizing Corps District engineers to issue and deny permits, except in certain conditions when applications must be referre......
  • Statutory and Regulatory Citations
    • United States
    • Wetlands Deskbook Appendices
    • November 11, 2009
    ...or certiications. Final action on the DA permit will normally not be delayed pending action by another Federal, state or local agency (See 33 CFR 325.2 (d)(4)). However, where the required Federal, state and/or local authorization and/or certiication has been denied for activities which als......
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