EP 1110-2-13
28 Jun 96
discharge of dredged or fill material under Section 404
Engineers 1977). Processing a DA application under
to all waters of the United States (including territorial
Section 9 will not be completed until the approval of
seas) and to revise its regulation accordingly. The term
the United States Congress has been obtained if the
"waters of the United States" is a much broader term
navigable water of the United States is an interstate
than "navigable waters of the United States." A final
water body, or until the approval of the appropriate
regulation was published on July 19, 1977 (U.S. Army
state legislature has been obtained if the navigable
Corps of Engineers, Office of the Chief of Engineers
water of the United States is an intrastate water body
1977).
(i.e., the navigable portion of the navigable water of the
United States is solely within the boundaries of one
c.
Documentation for safety. Safety is one of
state).
the factors considered in reaching public interest
b. Dredged or fill material. Section 404 of the
decisions on applications for permits. The applicant for
a permit to construct a dam is required to furnish
Federal Water Pollution Control Act Amendments of
documentation in order that the Corps may verify that
1972 charges the Secretary of the Army, acting through
the proposed dam has been designed for safety. No
the Chief of Engineers, to regulate the discharge of
specific design specification or criteria are prescribed,
dredged or fill material in the waters of the United
and no independent detailed engineering reviews are
States. The construction of dams, dikes, etc., is
performed. Further information on permit regulation
considered to be a discharge of fill material under
and dam safety is given in Permit Regulation 33 Code
Section 404. On March 27, 1975, the U.S. District
of Federal Regulation 320.4(k) (U.S. Army Corps of
Court for the District of Columbia directed the Corps
Engineers, Office of the Chief of Engineers 1977).
of Engineers to extend its responsibility to regulate the
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