This regulation prescribes, in addition to the general policies of 33 CFR part 320 and procedures of 33 CFR part 325, those special policies, practices, and procedures to be followed by the Corps of Engineers in connection with the review of applications for Department of the Army (DA) permits to authorize certain structures or work in or affecting navigable waters of the United States pursuant to section 10 of the Rivers and Harbors Act of 1899 (33 U.S.C. 403) (hereinafter referred to as section 10). See 33 CFR 320.2(b). Certain structures or work in or affecting navigable waters of the United States are also regulated under other authorities of the DA. These include discharges of dredged or fill material into waters of the United States, including the territorial seas, pursuant to section 404 of the Clean Water Act (33 U.S.C. 1344; see 33 CFR part 323) and the transportation of dredged material by vessel for purposes of dumping in ocean waters, including the territorial seas, pursuant to section 103 of the Marine Protection, Research and Sanctuaries Act of 1972, as amended (33 U.S.C. 1413; see 33 CFR part 324). A DA permit will also be required under these additional authorities if they are applicable to structures or work in or affecting navigable waters of the United States. Applicants for DA permits under this part should refer to the other cited authorities and implementing regulations for these additional permit requirements to determine whether they also are applicable to their proposed activities.
Notes of Decisions
Port Clinton Assocs. v. Bd. of Selectmen, 587 A.2d 126 (Conn. 1991).
· cites it 2× “§ 403 (§ 10 of the Rivers and Harbors Appropriations Act of 1899); 33 C.F.R. § 322.1 et seq.; for permission to extend two of the marina's piers by approximately two hundred fifty feet, thereby adding fifty-seven boat slips to the marina.”
United States v. Cumberland Farms of Connecticut, Inc., 826 F.2d 1151 (1st Cir. 1987).
“33 C.F.R. § 322.1 (1977). The Corps thus made it clear in 1977 and thereafter (until 1982), that the regulations under part 322 applied only to activities regulated under section 10 of the River and Harbor Act, and that applicants should refer to other sections of the…”
Nofelco Realty Corp. v. United States, 521 F. Supp. 458 (S.D.N.Y. 1981).
· cites it 2× “When Congress enacted the 1972 Amendments to the Federal Water Pollution Control Act, it assigned the responsibility for section 1344 permit program to the Secretary of the Army and the Corps, which had been administering a permit program under section 403 for many years in…”
United States v. Cumberland Farms of Connecticut, Inc., 647 F. Supp. 1166 (D. Mass. 1986).
“See 33 C.F.R. § 322.1 (1985). 9 . Some degree of confusion has been caused by the fact that both the Rivers and Harbors Act and the Clean Waters Act employ the terms "navigable” and "waters of the United States.”
Angell v. U.S. Army Corps of Engineers, 149 F. App'x 34 (2d Cir. 2005).
“Angell, 292 F.3d 333, 335 (2d Cir.2002). Subsequently, Angelí constructed and attached two new floats to the structure for which he obtained state and local permits but did not obtain a permit from the Army Corps.”
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