[Code of Federal Regulations]
[Title 33, Volume 3]
[Revised as of July 1, 2001]
From the U.S. Government Printing Office via GPO Access
[CITE: 33CFR331.10]

[Page 482-483]
 
                TITLE 33--NAVIGATION AND NAVIGABLE WATERS
 
         CHAPTER II--CORPS OF ENGINEERS, DEPARTMENT OF THE ARMY
 
PART 331--ADMINISTRATIVE APPEAL PROCESS--Table of Contents
 
Sec. 331.10  Final Corps decision.

    The final Corps decision on a permit application is the initial 
decision to issue or deny a permit, unless the applicant submits an RFA, 
and the division engineer accepts the RFA, pursuant to this Part. The 
final Corps decision on an appealed action is as follows:
    (a) If the division engineer determines that the appeal is without 
merit, the final Corps decision is the district engineer's letter 
advising the applicant that the division engineer has decided that the 
appeal is without merit, confirming the district engineer's initial 
decision, and sending the permit denial or the proffered permit for 
signature to the appellant; or
    (b) If the division engineer determines that the appeal has merit, 
the final Corps decision is the district engineer's decision made 
pursuant to the division engineer's remand of the appealed action. The 
division engineer will remand the decision to the district engineer with 
specific instructions to review the administrative record, and

[[Page 483]]

to further analyze or evaluate specific issues. If the district engineer 
determines that the effects of the district engineer's reconsideration 
of the administrative record would be narrow in scope and impact, the 
district engineer must provide notification only to those parties who 
commented or participated in the original review, and would allow 15 
days for the submission of supplemental comments. For permit decisions, 
where the district engineer determines that the effect of the district 
engineer's reconsideration of the administrative record would be 
substantial in scope and impact, the district engineer's review process 
will include issuance of a new public notice, and/or preparation of a 
supplemental environmental analysis and decision document (see 33 CFR 
325.7). Subsequently, the district engineer's decision made pursuant to 
the division engineer's remand of the appealed action becomes the final 
Corps permit decision. Nothing in this part precludes the agencies' 
authorities pursuant to Section 404(q) of the Clean Water Act.