[Code of Federal Regulations]

[Title 33, Volume 3]

[Revised as of July 1, 2006]

From the U.S. Government Printing Office via GPO Access

[CITE: 33CFR331.10]



[Page 492]

 

                TITLE 33--NAVIGATION AND NAVIGABLE WATERS

 

 CHAPTER II--CORPS OF ENGINEERS, DEPARTMENT OF THE ARMY, DEPARTMENT OF 

                                 DEFENSE

 

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 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.