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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extent possible under the law. Indeed, many states already have on-
going permit programs which address many, and, in some cases all, of
the concerns which are addressed in the Corps decision-making process.
Three ways will be used to involve the States in this' decision making
process.

First, since each discharge of dredged or fill material into a~navigable
water is, in effect, the discharge of a pollutant into the water, .a State
water quality certification is required under Section 401 of the FWPCA
before that discharge can be lawfully undertaken. Provision has therefore
been made in the opening paragraph of this section to indicate this legal
requirement. Thus, any State may cause the denial of a Section 404
permit if it chooses to deny a water quality certification. Similar
situations also exist in those states with approved coastal zone management
plans.

Second, we are mindful that many states have existing permit programs to
regulate the same types of activities that will be regulated through
Section 404 of the FWPCA by the Corps of Engineers. To the extent possible,
it is our desire to support the state in its decision. Thus, where a state
denies a permit, the Corps will not issue a Section 404 permit. On the other
hand, if a state issues a permit, the Corps would not deny its permit unless
there are overriding national factors of the public interest which dictate
such action.

Finally, provision has been made in subparagraph (v) of this section to
allow the District Engineer to enter into an agreement with those States
having ongoing permit programs which would enable joint processing of the
Department of the Army and the state permit application to an independent
conclusion by each entity. This would include joint public notices,
joint public hearings, and the joint development, review, and analysis of
information which leads to the final decision on a permit ,application. We
strongly encourage States to work with our District Engineers in this
effort for we feel that this is a valuable mechanism to make this program
manageable and publicly acceptable as well as a means to avoid unnecessary
duplication of effort.

Comments Invited:

During the next 90 days, comments
should be submitted in writing to
Building, Washington, DC 20314,

addressing this interim
the Chief of Engineers,
ATTN: DAEN-CWQ-N.

final regulation
Forrestal

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