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41254 Federal Register / Vol. 51. No, 219 1 Thursday, November I3. -Lsw / Rules and Regulations w <br />PART 330— NATIONWIDE PER3aITS <br />Sec, <br />330.1 General. <br />330.2 Defimuons. <br />1909 AceviOes occunns before cenam <br />dates. <br />330.4 Public notice. <br />330.3 Nationwide permits. <br />33110 Management pnrnces- <br />330.1 Nouacauon procedures. <br />330.8 Olacnncnary Aumonty. <br />330.0 State water quality ar00uuon. <br />330,I0 [0291411 Zan41 Management <br />canaetancy deterwnauon. <br />=.It Nationwide permit ven6cation. <br />330.72 Itapuearn eF tieeetlw4d0 parmtLL <br />Au"lly: 33 U.S.0 401 at mq- 33 USC <br />IYA: 33 U&C 1413. <br />13391 ONNOL <br />The pwpoee of this regulation is to <br />describe the Department of the Armys <br />IDA) nationwide permit program and to <br />list all current nationwide penmts which <br />have been issued by publication heroin. <br />A nationwide permit is a form of general <br />permit which may authorize actividn <br />throughout the nation. (Another type of <br />general permit is a 'reoi n it permit" <br />and is issued by division or district <br />engineers an a regional basin in <br />accordance with 33 CFR Part 375). <br />Copts of regional conditions and <br />75C -279 <br />modifications, if arty. to the nationwide <br />pertatts can be obtained from the <br />appropriate district engineer. <br />Nationwide permits we designed to <br />allow certain activities to occur with <br />little, if any, delay or peperwnre- <br />Natiomatds permits are valid only if the <br />oonditions applicable to the nationwide <br />pernuts are met Failure to comply with <br />■ condition don not necessarily mean <br />the activity cannot be authorsed but <br />rather that the activity can only be <br />authorized by an individual or regional <br />permit SMMI of the nationwide <br />Permits require notification to the <br />district engineer prior to commencement <br />of the authorised activity. The <br />procedures for thin notification are <br />located at 1330.7 of this part. <br />Nationwide permits can be issued to <br />ististy the requiramenta of sectioc 10 of <br />the Riven and Harbors Act of 1899. <br />section 404 of the Clean Water Am. <br />and /or section 103 of the Manna <br />Protection. Research and Sanetuanes <br />Act. The applicable authority is <br />mcitcated at the end of each nationwide <br />permit. <br />13302 0afsausna <br />(a) The definitions of 33 M parts <br />321 -329 are applicable to the tenses used <br />in this Part. <br />(b) The term " headwaere" means the <br />point on a non -tidal stream above which <br />the average annual flow in less then five <br />cubic feet per second. The district <br />engineer may estimate this point from <br />available data by using the mean annual <br />area precipitation. area drainage basin <br />maps' and and the average r coefficient. <br />or by similar tens. For streams that <br />are dry for long periods of the year. <br />district engineers may establish the <br />"headwaters" as that point on the <br />stream where a flow of five cubic feet <br />per second is equaled or exceeded So <br />percent of the tune. <br />(c) Discretionary authority means the <br />authority delegated to division engineers <br />in 1 330.E of this pan to override <br />provisions of nationwide permits. to add <br />regional conditions. or to require <br />individual pernut application. <br />13202 ACNVMM aeeuttay before eartam <br />The following activities were <br />permitted by nationwide permits issued <br />on July IL I077. and unless modified do <br />not require further Permittittg: <br />III Disci argea of dredged or fill <br />material into waters of the United States <br />outside the limits of nnvtgable watem of <br />the United States that occurred before <br />the phasic -to dates which begin July 23. <br />1875, and extended section 404 <br />jurisdiction to all water of the United <br />w <br />w. <br />re <br />ew <br />