Procedures for enforcing Corps permitting authorities are found at 33 CFR Part 326
. Presently about 6,000 alleged violations are processed in Corps district offices each year. The approximate breakdown by authority is: Section 10, 15 percent; Section 404, 60 percent; and Section 10/404, 25 percent. The Corps strives to reduce violations by effective publicity, an aggressive general permit program, and an efficient and fair evaluation of individual permit applications. .
When the district engineer becomes aware of any unauthorized activity recently completed or still in progress, he must first issue a cease and desist order and then begin an investigation of the activity to ascertain facts concerning alleged violations. If the unauthorized activity has been completed, he will advise the responsible party of his discovery and begin an investigation. Following his evaluation, the district engineer may formulate recommendations on the appropriate administrative course or legal action to be taken. The district engineer's evaluation contains an initial determination of whether any significant adverse impacts are occurring which would require expeditious corrective measures to protect life, property, or a significant public resource.
Once that determination is made, such remedial measures can be administratively ordered and a decision can be made on whether legal action is necessary. In certain cases, district engineers, following the issuance of a cease and desist order, coordinate with State and Federal resource agencies in deciding what action is appropriate. Further evaluation of the violation takes into consideration voluntary compliance with a request for remedial action.