[Code of Federal Regulations]

[Title 40, Volume 24]

[Revised as of July 1, 2006]

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

[CITE: 40CFR231.6]



[Page 281]

 

                   TITLE 40--PROTECTION OF ENVIRONMENT

 

         CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)

 

PART 231_SECTION 404(c) PROCEDURES--Table of Contents

 

Sec.  231.6  Administrator's final determinations.



    After reviewing the recommendations of the Regional Administrator or 

his designee, the Administrator shall within 30 days of receipt of the 

recommendations and administrative record initiate consultation with the 

Chief of Engineers, the owner of record, and, where applicable, the 

State and the applicant, if any. They shall have 15 days to notify the 

Administrator of their intent to take corrective action to prevent an 

unacceptable adverse effect(s), satisfactory to the Administrator. 

Within 60 days of receipt of the recommendations and record, the 

Administrator shall make a final determination affirming, modifying, or 

rescinding the recommended determination. The final determination shall 

describe the satisfactory corrective action, if any, make findings, and 

state the reasons for the final determination. Notice of such final 

determination shall be published as provided in Sec.  231.3, and shall 

be given to all persons who participated in the public hearing. Notice 

of the Administrator's final determination shall also be published in 

the Federal Register. For purposes of judicial review, a final 

determination constitutes final agency action under section 404(c) of 

the Act.