WSP03530

• File Number: 8027
• Description: Section D General Correspondence - Federal Agencies - Corps of Engineers
• State: CO
• Basin: Statewide
• Date: 7/31/1975
• Author: Corps of Engineers
• Title: Press Releases 1975
• Water Supply Pro - Doc Type: News Article/Press Release

00198t,

~~~i~!

EXCERPTS FROM
U. S. ARMY ENGINEER REGULATION
IMPLEMENTING
SECTION 404 OF THE FEDERAL WATER POLLUTION CONTROL ACT (1972)
(PUBLISHED IN FEDERAL REGISTER JULY 25, 1975)

Background:

On May 6, 1975, the Department of the Army, acting through the Corps of
Engineers, published four alternative proposed regulations in response
to the order of the United States District Court for the District of
Columbia in NRDC v. Callaway, et al., (D.D.C., March 27, 1975). Each of
the four alternative proposed regulations pertained to the regulation,
by the Corps of Engineers, of those activities involving the discharge
of dredged or fill material in navigable waters pursuant to Section 404
of the Federal Water Pollution Control Act Amendments of 1972,,(hereinafter
referred to as the FWPCA).

Comments received:

Over 4,500 comments were received in response to this regulation. Those
responding to the regulation included a large number of Governors; members
of Congress; Federal, State, and local agencies; environmental organizations;
commercial, industrial, and trade organizations; port authorities; agricul-
tural organizations; and individual members of the public. A large number
of these comments addressed the issue of whether there should or should not
be a Federal permit program to regulate the discharge of dredged or fill
material.

Those comments which did address substantive aspects of the regulation were
helpful in meeting the dual purposes of the FWPCA: First, the development
of a workable program; and, second, the needs of water quality.

The Corps of Engineers wishes to take this opportunity to express its appre-
ciation to every individual, organization, and governmental agency and repre-
senative that submitted comments during this rule-making exercise.

90-day Further Comment Period:

While this regulation becomes effective upon the date of its publication in
the Federal Register, there will be an additional comment period of 90 days
in order that the public can comment further on any of its provisions. There-
after, these comments will be reviewed and the regulation modified, if nec-
essary.

We therefore strongly urge the public to review and comment further on this
interim final regulation in order that it can be modified, where necessary
and legally permissable, to fully address your concerns, desires, goals, and
objectives. To assist you in your analysis and understanding of this regula-
tion, representatives from the Corps of Engineers intend to travel throughout
the country during the next 90 days and conduct public hearings on this regu-
lation. We urge your participation in these hearings when they are scheduled
in your area. (Schedule will be announced later.)

~;k~
~'~.;"';::...~

~1;

~.,"
~1%9#
f~t~
t~~l~~;
<~:~~{:).
.-.--.-'-.!
f5:.:-,;::;::~
~t{t.~
'-.x..-:....:

~..~~::.-:..>-
t.i:":::::{'-
-~,'~..':-::
(~):i~~
:\::~~:::-~
-~.- :
~::.;:::.;;::

~~~}i
~;};~~
ir'Jt:~
.....-;.;-;..:-,..
;':;":'."'.:."
)..::::::}

:.~}-~{;~:\.
;::.~ ,'. -;....

. ,
;........