Part 510 - General Operating Procedures 



f 



510.90(e) (5) (iv) 



(iv) A copy of the signed agreement with the 

 person to indicate that no action is permitted which would 

 diminish wetland values beyond those for which the minimal 

 effect was granted, including mitigation features. (See 

 512.12) 



(f) Organization of file; The file should be in 

 chronological order and clearly indicate the sequence and 

 date of significant events in the appeal process. When the 

 appeal goes to the state level, include a brief chronology 

 of events, and be sure to document any significant 

 meetings, telephone conversations, and interviews that 

 pertain to the appeal. Make sure that every item in the 

 file is legible and dated. Arrange the administrative 

 record in a six-part file folder. 



(g) Response letter : On response letters at all 

 levels, make certain that every item mentioned in the 

 appellant's letter is addressed. If the appellant's 

 initial letter does not specifically state the reasons for 

 the appeal, schedule an informal hearing or interview with 

 the appellant to ascertain why he/she believes that our 

 initial decision was wrong. Doctiment the reasons in the 

 file. Many appeals might be avoided if the appellant's f 

 questions are fully addressed at the first level. Take 

 every opportunity to explain the program requirements, both 

 in person and in the response letter. Don't assume that 

 the program is fully understood. For example, criteria for 

 abandonment is often not understood. The response letter 

 should fully explain the reason for the decision; for 

 example, on wetland appeals the response letter must cite 

 documentation of hydric soils, hydrology, and hydrophytic 

 vegetation, as well as abandonment and drainage when 

 applicable. 



510.91 Appeal hearings and meetings. 



All persons making appeals must be informed that they 

 may request a meeting or an informal hearing at the local, 

 area, and state appeal levels. (The appeal process 

 procedures are printed on the back side of the person's 

 copy of Form SCS-CPA-026. ) The purpose of the hearing or 

 meeting is to provide an opportunity to exchange 

 information and to get a clear understanding of the issues 

 involved. 



510-72 



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



4 



