(a) When an application is received for the temporary closure of a waterway for the construction
of a structure or the performance of other work in the waterway, the District Engineer
will assure himself of the necessity for the closure and arrange after informal communication
with any important navigation interests concerned the time and duration of the closure
which will enable the operations to be completed with the least interference with
navigation. If there is no question as to the necessity and propriety of the closure, the District
Engineer is authorized to inform the applicant as follows: “The Department of the
Army will interpose no objection to the closure for a stated period beginning at a
specified date: Provided, That prior thereto the applicant will notify navigation interests by an advertisement
in the press or otherwise as the District Engineer may approve and on the understanding
that the waiver of objection does not affect the liability of the applicant for any
damages that may arise by reason of the closure.” The letter to the applicant will be signed “By Authority of the Secretary of the Army”
and distribution made as prescribed for permits.
(b) District Engineers will give careful consideration to the effect of any closure on
through navigation. Should coordination with other districts be necessary the case will be forwarded
to the Division Engineer for such coordination.
(c) Cases not falling within the authority above conferred will be forwarded to the Chief
of Engineers with the recommendations of the Division and District Engineers.
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