EP 1165-2-1
30 Jul 99
Coastal Zone Management Act's directives for assuring that their
activities which directly affect the coastal zone are consistent, to
the maximum extent practicable, with approved state coastal zone
management programs.
h. Activities in Marine Sanctuaries. Applications for permits
in a marine sanctuary established by the Secretary of Commerce will be
evaluated for impact on the marine sanctuary. No permit will be
issued until the applicant provides a certification from the Secretary
of Commerce that the proposed activity is consistent with the purposes
of the MPRSA of 1972, as amended, and implementing regulations.
i.
Other Federal, State, or Local Requirements.
(1) Processing of an application for a Department of the Army
permit normally will proceed concurrently with the processing of other
required Federal, state, and/or local authorizations or
certifications. Final action on the Department of the Army permit
will normally not be delayed pending action by other Federal, state or
local agencies. Where a required Federal, state or local permit or
certification has been denied before final action on the Army permit,
a Corps permit will be denied without prejudice. The applicant can
reinstate processing of his or her application if subsequent approval
is received from the Federal, state or local agency originally denying
authorization.
(2) Where officially adopted Federal, state, regional, local
or tribal land-use classifications, determinations or policies are
applicable to areas under consideration, they shall be presumed to
reflect local factors of the public interest and shall be considered
in addition to the other National factors of the public interest.
(3) A proposed activity may result in conflicting comments
from several agencies within the same state. The district commander
will elicit from the governor an expression of his or her view
concerning the application or an expression as to which state agency
represents the official state position.
(4) In the absence of overriding National interest factors, a
permit will generally be issued following receipt of a favorable state
determination provided the concerns, policies, goals and requirements
expressed in applicable statutes and 33 CFR 320-330 have been followed
and considered. Similarly, a permit will generally be issued for
Federal and Federally-authorized activities; another Federal agency's
determination to proceed is entitled to substantial consideration in
the Corps public interest review.
(5) The district commanders are encouraged to develop joint
procedures with those states and other Federal agencies with ongoing
permit programs for activities also regulated by the Department of the
Army. In such cases, applications for Department of the Army permits
may be processed jointly with the state or with the other Federal
entities, but with conclusion and decision by the district commander
independent of the Federal or state agency determinations.
Alternatively, the Corps may issue a general permit to eliminate
regulatory duplication.
j. Safety of Impoundment Structures. To insure that all
impoundment structures are designed for safety, non-Federal applicants
may be required to demonstrate that the structure has been designed by
qualified persons or independently reviewed (and modified as the
review would indicate) by similarly qualified persons. (See 33 CFR
21-6
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