Section 4180.300  Determination of Effect

a)         The Director shall apply the criteria of adverse effect as defined in Section 3(d) of the Act and deliver his conclusion to the State agency.

b)         The Director may conclude that no effect or no adverse effect will occur based on the documentation submitted by the State agency.  In these instances, upon receipt of written notice to that effect from the Department of Natural Resources, the State agency will have fulfilled its responsibilities pursuant to the Act. In some cases, the Director may issue a no adverse effect finding with conditions.  In this case, the State agency will fulfill its responsibilities pursuant to the Act by meeting the conditions and notifying the Director in writing.

c)         If the Director concludes, in consultation with the State agency, that an adverse effect exists, the State agency shall initiate the consultation process outlined in Section 4180.350.