BOARD01703

• Board Meeting Date: 5/5/1981
• Description: CWCB Meeting
• Board Meetings - Doc Type: Meeting

after notice and opportunity for public hearings, that the dis-
charge of such materials into such area will have an unacceptable
adverse effect on municipal water supplies, shellfish beds and
fishery areas (including spawning and breeding areas), wildlife,
or recreational areas. Before making such determination, the
Administrator shall consult with the Secretary. The Administrator
shall set forth in writing and make public his findings and his
reasons for making any determination under this subsection.

(d) The term "Secretary" as used in this section means
the Secretary of the Army, acting through the Chief of Engineers.

(e) (1) In carrying out his functions relating to the
discharge of dredged or fill material under this section, the
Secretary may, after notice and opportunity for public hearing,
issue general permits on a State, regional, or nationwide basis
for any category of activities involving discharges of dredged
or fill material if the Secretary determines that the activities
in such category are similar in nature, will cause only minimal
adverse environmental effects when performed separately, and will
have only minimal cumulative adverse effect on the environment.
Any general permit iSSued uhde~ this subsection shall (A) be based
on the guidelines described in subsection (b) (1) of this section,
and (B) set forth the requirements and standards which shall apply
to any activity aU1:!lorized by such general permit.

(2) No general permit issued under this subsection shall
be for a period of more than five years after the date of its
issuance and such general permit may be revoked or modified by
the Secretary if, after opportunity for public hearing, the Secre-
tary determines that the activities authorized by such general
permit have an adverse impact on the environment or such activi-
ties are more appropriately authorized by individual permits.

(f) (1) Except as provided in paragraph (2) of this sub-
section, the discharge of dredged or fill material

(A) from normal farming, silviculture, and ranching
activities such as plowing, seeding, cultivating, minor
drainage, harvesting for the production of food, fiber,
and forest products, or upland soil and water conservation
practices;

(B) for the purpose of maintenance, including emer-
gency reconstruction of recently damaged parts, or currently
servicable structures such as dikes, dams, levees, groins,
riprap, breakwaters, causeways, and bridge abutments or
approaches, and transportation structures;

(C) for the purpose of construction or maintenance
of farm or stock ponds or irrigation ditches, or the
maintenance of drainage ditches;

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