33 CFR 330.1 - Purpose and policy
| Cite as | 33 CFR 330.1 |
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95 practice notes
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Part II
...mitigation to ensure minimal adverse individual and cumulative adverse effects is an important component of the NWP program (see 33 CFR 330.1(e)(3)). Two commenters said that the Corps cannot rely on regional conditioning and discretionary authority to ensure minimal adverse effects. One co......
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Part II
...result in significant resource losses. For example, when the nationwide permit regulations were revised in 1991, a provision was added (33 CFR 330.1(e)(3)) which stated that compensatory mitigation could be required by a district engineer to ensure that an NWP activity results in minimal ad......
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Proposal To Reissue and Modify Nationwide Permits
...paperwork certain activities in jurisdictional waters and wetlands that have no more than minimal adverse environmental impacts (see 33 CFR part 330.1(b)). Activities authorized by NWPs and other general permits must be similar in nature, cause only minimal adverse environmental effects whe......
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Issuance and Reissuance of Nationwide Permits
...or paperwork certain activities in jurisdictional waters and wetlands that have no more than minimal adverse environmental impacts (see 33 CFR 330.1(b)). Activities authorized by NWPs and other general permits must be similar in nature, cause only minimal adverse environmental effects when ......
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73 cases
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Black Warrior Riverkeeper, Inc. v. Ala. Dep't of Transp., CASE NO. 2:11-CV-267-WKW (WO)
...Activities that do not qualify for authorization under an NWP still may be authorized by an individual or regional general permit." 33 C.F.R. § 330.1(b)-(c). 5. In Bonner v. City of Prichard, 661 F.2d 1206 (11th Cir. 1981) the Eleventh Circuit adopted as binding precedent all of the decisio......
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Crutchfield v. U.S. Army Corps of Engineers, No. Civ.A. 300CV525.
...general permits that "are designed to regulate with little, if any, delay or paperwork certain activities having minimal impacts." 33 C.F.R. § 330.1(b). At the risk of oversimplification, NWPs are issued to allow conduct of a class of activities that the Corps has studied that, either becau......
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Abenaki Nation of Mississquoi v. Hughes, Civ. A. No. 2:92-CV-279.
...the conditions set out in the permit itself and in the regulations promulgated by the Corps in accordance with section 404 of the CWA, 33 C.F.R. § 330 (1992), are eligible under these nationwide permits and can thereby avoid the individual § 404 permitting process. Regional permits are issu......
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Ohio Valley Environmental Coalition v. Hurst, Civil Action No. 3:03-2281.
...the Corps' reliance on compensatory mitigation in making its NWP 21 (2007) minimal impacts determination, is actually challenging 33 C.F.R. § 330.1(e)(3). (Corps' Mem. Opp'n OVEC's Mot. Summ. J. Supplemental Compl. 26.) That regulation allows the Corps to consider compensatory mitigation wh......
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6 books & journal articles
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Permits and state permit programs
...of this type. Keating proposed to construct the dam upon notiication of the Corps pursuant to the Corps’ general permit regulation. 33 C.F.R. § 330.1(c) and pt. 330, app. A-17. he Corps’ general permit was applicable only in states issuing a § 401 certiication for the general permit. Califo......
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Federal Wetlands Law Permits Under §404
...9. 77 Fed. Reg. 10184 (Feb. 21, 2012). 10. 33 U.S.C. §1344(e)(1), ELR Stat. FWPCA §404(e)(1). 11. See 33 C.F.R. §330.I.C. 12. 33 C.F.R. §330.1(e). 13. See http://www.usace.army.mil/Missions/CivilWorks/RegulatoryProgramandPermits/NationwidePermits.aspx (last visited Jan 4, 2012). 14. 77 Fed.......
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Wetlands protection
...for certain categories of activities. See § 404(e)(1). Accordingly, the Corps has established a nationwide permit (NWP) program. See 33 C.F.R. §§ 330.1-.6. An NWP is a general permit which is “designed to 926 Water Pollution Control, 2d Edition regulate with little, if any, delay or paperwo......
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How Environmental Litigation Has Turned Pipelines Into Pipe Dreams
...A, the Corps’ veriication should be vacated. 318 Because the Corps’ actions with re- 307. Id . at 648. 308. Id . at 649 (quoting 33 C.F.R. §330.1(c) (2012) (emphasis added)). 309. Id . at 650. 310. Id . at 651. 311. Id . 312. Id . 313. Id . at 652. 314. Id . See also 33 U.S.C.A. §1341(a)(1)......
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