Part 510 - General Operating Procedures 

 510.86(a) (1) 



(1) Any person who is adversely affected by a 

 determination or decision that has been reconsidered by a DC 

 or a conservation district may appeal that decision to the 

 AC. 



(2) The AC will only consider an appeal that has 

 been through the reconsideration process. The AC may base 

 the appeal decision on the present record, additional field 

 finding, meeting, or hearing. If an appeal is received by 

 the AC that has not been reconsidered by the DC or 

 conservation district, the AC will return the appeal to the 

 person, and request the DC to consider this as a request for 

 reconsideration. 



(3) The AC will inform the person of the decision 

 in writing, of his or her rights to appeal to the state 

 conservationist (STC) , and of his or her rights to request a 

 meeting or informal hearing. The AC also will provide the 

 name and address of the STC and inform the person that the 

 next appeal must be made within 45 calendar days. 



(b) In states without area offices the next appeal 

 level is the third level. 



510.87 Appeal process - Level III. 



(a) Any person who is adversely affected by the 

 decision of the area conservationist, or the DC in states 

 without AC'S, may appeal to the STC. 



(1) The STC may base the appeal decision on the 

 current administrative record, additional field findings, 

 and/or a hearing. Appeals at the third level should 

 normally be completed within 45 calendar days of the receipt 

 of the appeal. 



(2) The STC will inform the person of his or her 

 rights to appeal to the Chief within 45 calendar days and 

 will provide the name and address of the Chief. 



(b) Before a wetland appeal goes beyond the state 

 level, the STC must certify that the appropriate technical 

 specialists have certified that hydric soils, wetland 

 hydrology, and hydrophytic vegetation under normal 

 circumstances exist. 



r 



510-64 



(180-V-NFSAM, Second Ed., Amend. 6, May 1991) 



