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

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ment facilities, intake and outfall pipes associated with power plants, and
subaqueous utility lines; and artificial reefs.

Phased Program:.

Paragraph (e) (2): In view of manpower and budgetary constraints it is
necessary that this program be phased in over a two year period. Provision
for such a phase-in approach exists in this paragraph. Thus, under Phase I,
this regulation would become immediately operative in all coastal waters and
contiguous or adjacent wetlands as well as inlsnd rivers, lakes and streama
that are navigable waters of the United States (which the Corps of Engineers
is already regulating) and their contiguou~ or adjacent wetlands. In Phase II,
which would begin on July 1, 1976, we would continue to regulate all of those
discharges of dredged material occurring in those waters identifie4 in Phase I,
and also begin to regulate discharges of dredged or fill material in primary
tributaries (the main stem of tributaries directly connecting to navigable
waters of the United States); their contiguous or adjacent wetlands, and all
lakes. Finally, in Phase III, all discharges of dredged or fill material in
navigable waters would be ~egulated after July I, 1977.

Grandfather Clause:

Parallraph (e) (2) (11i): This paragraph "grandfathers" all discharges of
dredged or fill material in waters other than navigable waters of the United
States which were completed before the date of this regulation and also permits
any discharge of dredged or fill material of less than 500 cubic yards which
was commenced before the date of this regulation and is completed within six
months.

Minor Work Permitted:

Paragraph (e) (2) (iv): This paragraph permits, (without the need for the
processing of a individual permit application through the prodedures in the
regulation), minor bulkheads and fills that are constructed in waters other
than navigable waters of the .United States provided they are less than 500
feet in length, constructed for property protection, and involve the discharge
of less than an average of one cubic yard per running foot. (Water quality
and/or coastal zone management certification may be required, however.)

Activities of Federal Agencies:

Paragraph (e) (4): Activities of Federal agencies that involve the
discharge of dredged material or of fill material into navigable waters
are not exempt from the provisions of this regulation. Activities of the
Corps of Engineers involving such discharges are reviewed and regulated
pursuant to the policies and procedures expressed in Title 33 of the
Code of Federal Regulations, Part 209.145.

States' Involvement:

Paragraph (f) (3): We believe there is considerable merit in having ~he
States become directly involved in the decision-making process to the maximum

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