PERMFILE50204

• Permit No: M2007012
• IBM Index Class Name: Permit File
• Doc Date: 5/8/2007
• Doc Name: Adequace Response
• To: DRMS
• Media Type: D
• Archive: No

Federal r2egisteri8ol. 66, No. IlilNednesday, January 17, 2001/rules and rZe,riztions 4575
(d)(2)" aad add, in their place, the
words "pazagraph (d)(3)".
b. Redesignate paragraphs (d)(2)
through (d)(5) as paragraphs (d)(3)
through (d)(6), respectivelyp.
c. Add naw pamgmph (d)(2).
d. Ia newly redesignated paragraph
(d)(4), in the first sentence of pazagraph
(d)(4)(i) remove each time they apppear
the words "paragraphs (d)(4) aad (d)(5)"
and add, in their place, the words
"pazagrapbe (d)(5) and (d)(e)", remove
paragraph (d)(4)(iii), and redesignate
pd)(ar4gi~ph (d)(4)(iv) as new paragraph
(( The addition reads as follows:
§3272 Dennkions.
(d)...
(2)(i) The Corps aad EPA regard the
use of mechanized earth-moving
equipment to conduct leaddeariag,
ditching, chanaelizatioa, ia-stream
mining or other earth-moving activity is
orates of the United States u resulting
in a discharge of dredged material
unless projed-specific evidence shows
that the activity results is only.
facideatal fallback. This pparagraph (i)
dose not end is not intended to shift any
burden is any administrative or judicial
procee under the CWA.
(ii) Ind ental fallback fs the redeposit
of smell volumes of dredged material
that ie inddental to excavation activity
in watam of the United Stelae when
such material fella back to substantially
the same place u the Initial removal
Examples of incidental fallback indude
soil that ie disturbed-when dirt ie
shoveled and the beck-spill that comes
otf a bucket when such small volume of (redesignate pazagraph (4)(iv) as new
soil m dirt fella into substantially the 'paragraph (4)(iii).
same place from which it was initially I The addition reads as follows:
Lremoved.
, , §2322 Definkiona.
Dated: January a, 2001. • ~ t t
Joseph w. Wertphal,
Asa'stant Semetary oJthe Army (Civil Worksl.
Department of theArmy.
Environmental ProtactfoaAgenry
4o CFE Chapter 1
Accordingly, ae set forth is the
preamble 40 CPR part 232 u amended
d net forth below:
PART232-{AMENDED]
1. The authority dtatioa for part 232
coatiavea to mad u follows:
Authority: 33 U.S.G 1344.
2. Amend section 232.2 ee follows:
a. In peagmph (1) introductory t®:t of
the defmitioa of "Discharge of dredged
materiel", mmove the words "paragraph
(2)" end add in their place, the wards
b. In the definition of'Diacharge of
ppdredged materiel",redesignate
(3) through (B), m~spec~'h'vely. P~l~P~
e Ia the de5nitfon of "Discharge of
dredged material",add naw paragraph
(2). '
d In the first sentence of newly
redesigmted paragmph (4)(i) remove
each time they appeaz the words
"pamgmpha (4) end (5)" aad add, is
their place, the words "paragrapPhs (5)
aad (e)", remove paragraph (4)(iii), and
Discharge of dredged material
(2)(i) The Corps and EPA regard the
use of mechanized earth-moving
equipment to coadud laadcleering,
ditching, r3aaaelization, in-stream
mining or other earth-moving activity in
water of the United States u resulting
in a disrharga of dredged material
unless projed-apedSc evidence shows
that the actlvtty results is only
inddental fallback. This paragraph (t)
does not end ie not intended to shift asy
burden in any administrative or judidal
proceeding under the CWA.
(ii) Inddenfa/ fallback is the redeposit
of smell volumes of dredged material
that is inddental to exravatloa activity
is waters of the United Staten when
such material falls back to subeteatielly
the same place as the tattle] removal
Examples of inddental fallback include
soil thatu disturbed when dirt is
shoveled and the back•spill that comae
off a bucket when such small volume of
soil or dirt fella into substantially the
same place from which it was initially
removed.
Dated Jmuery B, 2001.
l.arol M Browne,
Adadnimntar, EnvLvnmentoll'rotectlon
~~~•
(FR Doc 01-1179 Filed 1-16-01; 8:45 aml
eaamo cocaasap-w-r