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HomeMy WebLinkAbout20080069 Ver 1_401 Application_20080108ENGINEERING -SURVEYING -DESIGNING -DRAFTING Larry King & Associates, R.L.S., P.A. P~~~,~~~~~°'T P.O. Box 53787 ~. I 1333 Morganton Road, Suite 201 ~+~~~&~~' ~ `~ Fayetteville, North Carolina 28305 0~- Q O 6 9 P. (910) 483-4300 F. (910) 483-4052 wwrw.LKandA.com TRANSMITTAL To: Cyndi Karoly Company: NC Division of Water Quality d"~0 2321 Crabtree Blvd Re° TownePlace Suites 93 Room Hotel Raleigh, NC 27604 Isolated Wetlands Permit Application Date: 1/08/2007 CC: Michael Brown, Johnson Braund Design Group, Inc. We are ^ HAND DELIVERY 0 OVERNIGHT ^ US MAIL ^ PICKUP AT OUR sendin Vla: DELIVERY OFFICE ^ SURVEY DRAWING(S) ^ PLOT PLAN(S) ^ CHANGE ORDER ^ The following: CONCEPTUAL PRELIMINARY CONSTRUCTION PERMIT ^ DRAWING(S) ^ CONSTRUCTION 0 DRAWING(S) 0 APPLICATION(S) DRAWING(S) For your: 0 REVIEW ^ COMMENTS ^ SIGNATURE OTHER COPIES DATE NO. DESCRIPTION 1 1/08/08 1-9 Construction Drawin s 1 11/08/07 - Pre-Construction Notification A lication Form 1 - - Vicini Ma 1 - - 8.5x11 Color USGS Quadran le Ma Exhibit 1 1/08/08 - Stormwater Calculations includin Narrative 1 11 /08/07 Permit A lication Fee - $240.00 Check # 010972 Notes: We are seeking approval for the above-mentioned project. Please let me know if you have any questions or comments. ~~°`. ~`i, r3 ~~~ ~ PN L"~ From: ~- M. ante King, PLS, EI lance(c~LKandA.com Please notify us at once if any items are missing. 0 8- 0 0 6 9 ~M~...,~i : . ~ftlce USe Unly: Foru~ Version May 2002 USACE Action ID No. DWQ No. fir any particular item ~s not applicable to this project, please enter "Not Applicable" or "N/A".) I. Processing Check all of the approval(s) requested for this project: ^ Section 404 Permit ^ Riparian or Watershed Buffer Rules ^ Section 10 Permit ® Isolated Wetland Permit from. DWQ ^ 401 Water Quality Certification 2. Nationwide, Regional or General Permit Number(s) Requested: 3. if this notification is solely a courtesy copy because written approval for the 401 Certification. is not required, check here: ^ 4. if payment into the North Carolina Wetlands Restoration Program (NCWRP) is proposed for mitigation of impacts (verify availability with NCWRP prior to submittal of PCN), complete section VIII and. check here: ^ 5. If your project is located in any of North Carolina's twenty coastal counties (listed on page 4), and the project is within a Not-th Carolina Division of Coastal Management Area of Environmental Concern (see the top of page 2 for further details), check ©~ Jas ~Ji~ n~ lI. Applicant Information e:1 LSD U JAN 9 2008 I . Owner/Applicant Information DENR e WATER QUAtJ17 Name: InterMountain Management. L.L.C. (in care of: Dave Raymo~gh~~,nS~Nrasrt~~hwu~t~r~raar~ci;~ Mailing Address: 2301 Tower Drive Monroe, LA 71201 Telephone Number: (318) 998-3031 Fax Number: (318) 812-0090 E-mail Address: DaveR(ci')intermtn.biz 2. Agent/Consultant Information (A signed and. dated copy of the Agent Authorization. letter must be attached if the Agent has signatory authority for the owner/applicant.) Name: N/A Company Affiliation: Mailing Address: Telephone Number: Pax Number: E-mail Address: Page 5 of 12 lli. Project Information Attach a vicinity map clearly showing the location of the property with respect to local landmarks such as towns, rivers, and roads. Also provide a detailed site plan showing property boundaries and development plans in relation to surrounding properties. Both the vicinity map and site plan. must include a scale and north arrow. The specific footprints of all buildings, impervious surfaces, or other facilities must be included. If possible, the maps and plans should include the appropriate USGS Topographic Quad Map and NRCS Soil Survey with the property boundaries outlined. Plan drawings, or other maps may be included at the applicant's discretion, so long as the property is clearly defined. For administrative and distribution purposes, the USACE requires information to be submitted on sheets no larger than 1 l by 17-inch. format; however, DWQ may accept papez-work of any size. DWQ prefers full-size construction drawings rather than a sequential sheet version of the full-size plans. If full-size plans are reduced to a small scale such that the final version is illegible, the applicant will be informed that the project has been placed on hold until decipherable maps are provided. i. Name of project: TownePlace Suites 93 Room Hotel 2. T.LP. Project Number or State Project Number (NCDOT Only): 3. Property Identification Number (Tax PIN): 0418-35-3496 4. Location County: Cumberland Nearest Town: Fayetteville Subdivision name (include phase/lot number): Skibo Investors LLC Lot 6B Directions to site (include road numbers, landmarks, etc.): Site is west of Skibo Road at the approximate mid-point between Yadkin Road and Swain Street. 5. Site coordinates, if available (UTM or Lat/Long): Latitude 35.0837, Longitude -78.9555 (Note - If project is linear, such. as a road or utility line, attach. a sheet that separately lists the coordinates for each crossing of a distinct waterbody.) 6. Property size (acres): 1.71 7. Nearest body of water (stream/river/sound/ocean/lake): Beaver Creek 8. River Basin: Cape Fear (Note -this must be one of North Carolina's seventeen designated major river basins. The River Basin map is available at lzttl?:; ~lz2o ~.nz .state.nc.zz5i'adirziizlmaps_'.) 9. Describe the existing conditions on the site and general land use in the vicinity of the project at the time of this application: The site is 1.71 acres and is currently an undeveloped open area. The surrounding area is comprised of restaurants retail hotel and residential areas. Page 6 of 12 IU. Describe the overall project in detail, including the type of equipment to be used: The TownePlace Suites 93 Room Hotel is a proposed four-story hotel and parking area. The project includes installation of water, sewer storm and other utilities associated with the building. Equipment used may include but not limited to' bulldozers, dump trucks, earth-moving equipment, cranes etc. 11. Explain the purpose of the proposed work: The construction of a TownePlace Suites 93 Room Hotel. IV. Prior Project History if jurisdictional determinations and/or permits have been requested and/or obtained for this project (including all prior phases of the same subdivision) in the past, please explain. Include the USACE Action. ID Number, DWQ Project Number, application date, and date permits and certifications were issued or withdrawn. Provide photocopies of previously issued permits, certifications or other useful information. Describe previously approved wetland., stream and buffer impacts, along with associated mitigation (where applicable). If this is a NCDOT project, list and describe permits issued for prior segments of the same T.LP. project, along with construction schedules. In a report dated June 4, 2004, a jurisdictional determination was made by the USACOE and it was determined that only isolated wetlands were present (see attached) and that the State of NC has jurisdiction of the area. V. Future Project Plans Are any future permit requests anticipated for this project`? Lf so, describe the anticipated work, and provide justification for the exclusion of this work from the current application. No future permit requests are anticipated at this time. VI. Proposed Impacts to Waters of the United States/Waters of the State It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to wetlands, open water, and stream channels associated with the project. The applicant must also provide justification for these impacts in Section VII below. All proposed impacts, permanent and temporary, must be listed herein, and must be clearly identifiable on an accompanying site plan. All wetlands and waters, and all streams (intermittent and perennial) must. be shown on a delineation map, whether or not impacts are proposed to these systems. Wetland and stream Page 7 of 12 evaluation and delineation forms should be included as appropriate. Photographs may be included at the applicant's discretion. If this proposed impact is strictly for wetland or stream mitigation, list and describe the impact in Section VIII below. If additional. space is needed for .listing or description, please attach a separate sheet. Provide a written description. of the proposed impacts: Filling in approximately 0.39 acres of isolated wetlands. 2. Individually list wetland impacts below: Wetland lmpact Site Number indicate on ma) Type of lmpact* Area of Impact acres Located within (00-year Floodplain** es/no) Distance to Nearest Stream (linear feet Type of Wetland*** N/A Fill 0.39 No 640 Isolated '~ List each impact separately and identify temporary impacts. Impacts include, but are not limited to: mechanized clearing, grading, fill, excavation, flooding, ditching/drainage, etc. For dams, separately list impacts due to both structure and flooding. ** 100-Year tloodplains arc identitied through the Federal Emergency Management Agency's (FEMA) Flood lnsurancc Ratc Maps (FIRM), or FEMA-approved local floodpiain maps. Maps are available through the FEMA Map Service Center at 1-800-358-9616, or online 1t ht,lp:/ ti~~~-~~.iCm i ~~>t~,. *** List a wetland type that best describes wetland to be impacted (e.g., freshwater/saltwater marsh, forested wetland, beaver pond, Carolina Bay, bog, etc.) Indicate if wetland is isolated (determination of isolation to be made by USACE only). List the total acreage (estimated) of all existing wetlands on the property: 0.39 Total area of wetland impact proposed: 0.39 3. Individually list all intermittent and perennial stream impacts below: Stream Impact Site Number (indicate on ma) Type of lmpact* Length of Impact (linear feet Stream Name** Average Width of Stream Before Im act Perennial or Intermittent? (leases ecif ) N/A N/A N/A N/A N/A N/A * List each impact separately and identity temporary impacts. hnpacts include, but are not limited to: culverts and associated rip-rap, dams (separately list impacts due to both stnucture and flooding), relocation (include linear feet before and after, and net loss/gain), stabilization activities (cement wall, ripa•ap, m•ib wall, gabions, etc.), exeavation,~ ditching/straightening, eta If stream relocation is proposed, plans and profiles showing the linear footprint for both the original and relocated streams must be included. ** Stream names can he found on USES topographic maps. If a stream has no name;, list as UT (unnamed tributary) to the nearest downstream named Stream into which it flows. USGS maps are available through the USGS at 1-800-358-9616, or online at u~~~a~.uti~,~;g<t~~. Several Internet sites also allow direct download and printing of USGS maps (e.g., ~~~~~u ~ulx~ron~ ~xnn, w~~ ~~~_tn itx~u~5t.cuin, etc.). Page 8 of 12 Cumulative impacts (linear distance it1 feet) to all streams on site N/A 4. Individually list all open water impacts (including lakes, ponds, estuaries, sounds, Atlantic Ocean and. any other water of the U.S.) below: Open Water Impact Site Number (indicate on ma) T e of Im act* yp p Area of im act p (acres Name of Waterbody (if applicable) Type of Waterbody (fake, pond, estuary, sound, ba ,ocean, etc.) N/A NIA N/A N/A N/A LisC each impact separately and identify temporary impacts. impacts iuciude, but are not limited to: fill, excavation, dredging, flooding, drainage, bulkheads, etc. 5. Pond Creation if construction. of a pond is proposed, associated wetland and stream impacts should be included above in the wetland and stream impact sections. Also, the proposed pond should be described here and illustrated on any maps included with this application. Pond to be created in (check all that apply): ^ uplands ^ stream ^ wetlands Describe the method of construction (e.g., dam/embankment, excavation, installation of draw-down valve or spillway, etc.): Proposed use or purpose of pond (e.g., livestock watering, irrigation, aesthetic, trout pond, local stormwater requirement, etc.): N/A Size of watershed draining to pond.: N/A Expected pond surface area: NIA VIL Impact Justification (Avoidance and Minimization) Specifically describe measures taken to avoid the proposed impacts. It may be useful to provide information related. to site constraints such as topography, building ordinances, accessibility, and financial viability of the project. The applicant may attach drawings of alternative, lower-impact site layouts, and explain why these design options were not feasible. Also discuss how impacts were minimized once the desired site plan was developed. If applicable, discuss construction techniques to be followed during construction to reduce impacts. Due to the size of the proposed hotel building and parkins area it is not economically viable to avoid disturbance. VIII. Mitigation Page 9 of 12 DWQ - In accordance with 15A NCAC 2H .0500, mitigation may be required by the NC Division of Water Quality for projects involving greater than or equal to one acre of impacts to freshwater wetlands or greater than or equal to 150 linear feet of total impacts to perennial streams. USACE - In accordance with the Final Notice of Issuance and Modification of Nationwide Permits, published in the Federal Register on March 9, 2000, mitigation will be required when necessary to ensure that adverse effects to the aquatic environment are minimal. Factors including size and type of proposed impact and. function and relative value of the impacted aquatic resource will be considered in determining acceptability of appropriate and. practicable mitigation as proposed. Examples of mitigation that may be appropriate and practicable include, but are not limited to: reducing the size of the project; establishing and maintaining wetland and/or upland vegetated buffers to protect open waters such as streams; and replacing losses of aquatic resource functions and values by creating, restoring, enhancing, or preserving similar functions and values, preferable in the same watershed. If mitigation is required for this project, a copy of the mitigation plan must be attached in order for USACE or DWQ to consider the application. complete for processing. Any application lacking a required mitigation plan or NCWRP concurrence shall be placed. on hold as incomplete. An applicant may also choose to review the current guidelines for stream restoration in DWQ's Draft Technical Guide for Stream Work in North Carolina, available at htt~~'h~c~.~r~t ~t~tt_~~t~~ iii'n~~}~~t_it~tuiti/sttrn~iclc~.hta1~1. 1. Provide a brief description of the proposed mitigation plan. The description should provide as much information as possible, including, but not limited to: site location (attach directions and/or map, if offsite), affected stream and river basin, type and. amount (acreage/linear feet) of mitigation proposed (restoration, enhancement, creation, or preservation), a plan view, preservation mechanism (e.g., deed restrictions, conservation easement, etc.), and a description of the current site conditions and proposed method of construction.. Please attach. a separate sheet if more space is needed. N/A 2. Mitigation may also be made by payment into the North Carolina Wetlands Restoration Program (NCWRP). Please note it is the applicant's responsibility to contact the NCWRP at (919) 733-5208 to determine availability and to request written approval of mitigation prior to submittal of a PCN. For additional information regarding the application process for the NCWRP, check the NCWRP website at htth:,',`h2<~.ent 5tat~ n~.us'~tirhlindex,htzn. If use of the NCWRP is proposed, please check the appropriate box on page three and provide the following information: Amount of stream mitigation requested (linear feet): N/A Amount of buffer mitigation requested (square feet): NlA Amount of Riparian wetland mitigation. requested (acres): N7A Amount ofNon-riparian wetland mitigation requested (acres): N/A Amount of Coastal wetland mitigation requested (acres): N/A Page 10 of 12 IX. Environmental Documentation (required by DWQ) Does the project involve an expenditure of public (federal/state) funds or the use of public (federal/state) land? Yes ^ No If yes, does the project require preparation of an environmental document pursuant to the requirements of the National or North Carolina Environmental Policy Act (NEPA/SEPA)? Note: If you are not sure whether aNEPA/SEPA document is required, call the SEPA coordinator at (919) 733-5083 to review current thresholds for environmental documentation. Yes ^ No If yes, has the document review been finalized by the State Clearinghouse`? If so, please attach a copy of the NEPA or SEPA final approval letter. Yes ^ No X. Proposed Impacts on Riparian and Watershed Buffers (required by DWQ) It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to required state and local buffers associated with the project. The applicant must also provide justification for these impacts in Section VII above. All proposed impacts must be listed herein, and must be clearly identifiable on the accompanying site plan. All buffers must be shown on a map, whether or not impacts are proposed to the buffers. Correspondence from. the DWQ Regional Office may be included as appropriate. Photographs may also be included at the applicant's discretion. Will the project impact protected riparian buffers identified within 15A NCAC 2B .0233 (Meuse), 15A NCAC 2B .0259 (Tar-Pamlico), 15A NCAC 2B .0250 (Randleman Rules anal Water Supply Buffer Requirements), or other (please identify )'? Yes ^ No ® If you answered "yes", provide the following information: Identify the square feet and acreage of impact to each zone of the riparian buffers. If buffer mitigation is required calculate the required amount of mitigation by applying the buffer multipliers. Zone* Impact s uare feet) Mult~pl~er Required Miti ation ~ N/A 3 N/A 2 N/A t .s N/A Total N/A N/A ~` Gone 1 extends out 30 teet perpendicular from near bank of channel; Zone 2 extends an additional 20 feet from the edge of Zone 1. Page 1 1 of l2 if buffer mitigation is required, please discuss what type of mitigation is proposed (i.e., Donation of Property, Conservation Easement, Riparian Buffer Restoration /Enhancement, Preservation or Payment into the Riparian Buffer Restoration Fund). Please attach all. appropriate information. as identified within 15A NCAC 2B .0242 or .0260. N/A. XI. Stormwater (required by DWQ) Describe impervious acreage (both existing and proposed) versus total acreage on the site. Discuss stormwater controls proposed in order to protect surface waters and wetlands downstream from the property. There are 1,313 square feet of existinq impervious area on the site. The proposed site will have 1.34 acres impervious area. All stormwater runoff from this site will enter an existinq stormwater retention basin that is controlled and maintained by Sam's Club. The entire parcel for the proposed TownePlace Suites 93 Room Hotel was included in the Sam's Club Stormwater Management Plan. Also, a reinforced concrete pipe was stubbed into the parcel to accommodate future stormwater runoff. X11. Sewage Disposal (required by DWQ) Clearly detail the ultimate treatment methods and disposition (non-discharge or discharge) of wastewater generated from the proposed project, or available capacity of the subject facility. Sanitary sewage disposal will occur through proposed sanitary sewer mains and/or laterals connecting to existinq mains operated by Public Works Commission, Fayetteville, NC. X11I. Violations (required by DWQ) Is this site in violation of DWQ Wetland Rules (15A NCAC 2H .0500) or any Buffer Rules'? Yes ^ No Is this an after-the-fast permit application`? Yes ^ No X1V. Other Circumstances (Optional): It is the applicant's responsibility to submit the application sufficiently in advance of desired construction dates to allow processing time for these permits. However, an applicant may choose to list constraints associated with construction or sequencing that may impose limits on work schedules (e.g., draw-down schedules for lakes, dates associated with Endangered and Threatened Species, accessibility problems, or other issues outside of the applicant's control). Applicant/Agi (Agent's signature is v ~rfoB o~ Date if an authorization letter from the applicant is provided.) Page 12 of 12 Y . .. . U.5. A,RMY CARPS QI' ENG-INFERS JINN 1 4 2004 ~--~ WTLi~1IlVGTON DISTRICT ~'` Action Id. 200400828 County: Cumberland U.S.G.S. Quad: Fayetteville NOTIFICATION OF JURISDICTIONAL DETERMINATION Property Owner: Wal-Mart Stores, Inca Agent: Beth Reed Attn: Robert M. $edard Kimley-Horn and Associates, Inc. Address: Department 9635 Post ©ffice Box 33068 20ni SE 10~ Street Raleigh, NC 27b36 Bentonville, AR 72716-0550 Telephone Na.: (479) 273-4000 (914) 677-2000 Size and Ideation o[property (waterbody, road namefnumber, town, etc ): The property is located ig headwaters of Beaver Creek, on the north side of Skibo Road, approximately'/: mile south of the intersection of Skibo Road and Hwy 24f87, behind the existing Wal-Mart Store, in Fayetteville, Cumberland County, North Carolina. Indicate Which of the Follo~vine Annly: Based on preliminary infon~nation, there may be wetlands on the above described property. We strongly suggest you have this property inspected to determine the extent of Department of the Army (DA) jurisdiction. To be considered final, a jurisdictional determnation must be verified by the Corps. _ There are wetlands on the above descrbed property subject to the permit requirements of Section 404 of the Clean Water Act {CWA){33 USC § 1344). Unless there is a change in the law or our published regulations, this determination may be relied upon for a period not to exceed fve years from the data of this notification. _ We strongly suggest you have the wetlands on your property delineated. Due to the size of your property andlor our present workload, the Corps may not be able to accomplish this wetland delineation in a timely manner. For a more timely delineation, you may wish to obtain a consultant. To be considered final, any delineation must be verified by the Corps. _ The wetland on your property have been delineated and the delineation has been verified by the Corps. We strongly suggest you have this delineation surveyed. Upon completion, this survey should be reviewed and verified by the Corps. t]nce verified, this survey will provide an accurate depiction of all areas subject to CWA jurisdiction on your property which, provided there is no change in the law or our published regulations, maybe relied upon for a period not to exceed five years. _ The wetlands have been delineated and surveyed and are accurately depicted on the plat signed by the Corps Regulatory Official identified below on .Unless there is a change in the Iaw or our published regulations, this determination maybe relied upon for a period not to exceed five years from the date of this notification. X There are no waters of the U.S. to include wetlands resent on the above described ro r which are subieet to the permit requirements of Section 404 of the Clean Water Act (33 USC 1344). Unless there is a chants in the law or our published re ulg ations. this determination may be retied upon for a period not to exceed five years from the date of this notification. The property is located in one of the 20 Coastal Counties subject to regulation under the Coastal Area Management Act {CAMA). You should contact the Division of Coastal Management in Washington, NC, at (252) 946-6481 to determine their requirements. Remarks: The area in question is_ap~rogimately 0.63 acres in size and is a wetland, but is isolated. Therefore, the Corns of Engineers does not have iurisdiction aver this area. The State of North Carolina does have iurisdietion over this wetland and any activities in this wetland are subject to the State's regulations. Please contact Mr_ John Darnev with the North Carolina Division o[ Water Quality at 1GSd Mail Service Center. Raleigh, North Carolina 2?699 before d.oint any work in this area. Corps Regulatory Official: Date: Jane 4.2044 Expiration Date:-June 4, 2009 Page 1 of 2 Action Id. 200400828 Placement of dredged or fiiI material within waters of the tTS andlor wetlands without a Departruent of the Army permit may constitute a vialation of Section 301 of the Clean Water Act (33 USC § 1311}, If you have any questions regarding this determination andlar the Corps regulatory program, please contact Liltette Granade at X910} 251-4829. Basis For Deterrrunation: The identified wetland pocket is determined to be an isolated wetland, and therefoxe non jurisdictional. This wetland pocket is a small depressianal feature in the middle of an opea upland field. The nearest jurisdictional Water, an UNT to Beaver Creek, is approximately %z north of the site location. This deterrrrination is based on information provided by Beth Reed of Kimley-Horn and Associates, Inc. and a field visit by Lillette Granade on April 21, 2004. Corps Regulatory Official (Initial): ~~ FOR OFFICE USE ONLY: ~ A plat or sketch of the property and the wetland data form must be attached to the file copy of this form. • A copy of the "Notification Of Administrative Appeal Options And Process And Request For Appeal" form must be transmitted with the property owner/agent copy of this form If the property contains isolated wetlands/waters, please indicate in "Remarks" section and attach the "Isolated Determination Information Sheet" to the file copy of this form. Page Z of 2 A licant; Wal-Mart Stares, Inc. File Number: 20040082$ Date; June 4, 2004 Attached is: See Section below INITIAL PROFFERED PERMIT (Standard Permit or Letter of A ermission) PROFFERED PERMIT (Standard Permit or Letter of ermission} B PERMIT DENIAL C X APPROVED JURISDICTIONAL DETERMINATION D PRELIMINARY JURISDICTIONAL DETERMINATION E ~ ?~.~;t~=~ rig i ~ ! ~~~ P` ~.. A: INITIAL PROI*F'ERED PERMIT: Y©u may accept or object to the permit. • ACCEPT: If you received a Standard Permit, you may sign the permit document and return it to the district engineer for final authorization. If you received a Letter of Pemrission (LOP), you may accept the LOP and your work is authorized. Your signature on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive all rights to appeal the permit, including its terms and conditions, and approved jurisdictional determinations associated with the permit. • OBJECT: If you object to the permit (Standard or LOP} because of certain terms and conditions therein, you may request that the permit be modified accordingly. You must complete Section II of this form and return the form to the district engineer. Your objections must be received by the district engineer within 64 days of the date of this notice, or you will forfeit your right to appeal the permit in the future. Upon receipt of your letter, the district engineer will evaluate your objections and may: (a}modify the permit to address all of your concerns, (b) modify the permit to address some of your objections, ar {c} not modify the permit having determined that the permit should be issued as previously written. After evaluating your objections, the district engineer will send you a proffered permit for your reconsideration, as indicated in Section B below. B: PROFFERED PERMIT: You may accept ar appeal the permit • ACCEPT: Tf you received a Standard Permit, you may sign the permit document and return it to the district engineer for final authorization. If you received a Letter of Permission (LOP}, you may accept the I.,OP and your work is authorized. Your signature on the Standard Permit or acceptance of the LOP means that you accept the pemut in its entirety, and waive all rights to appeal the pernut, including its terms and conditions, and approved jurisdictional determinations associated with the permit. • APPEAL: If you choose to decline the proffered permit (Standard or LOP) because of certain terms and conditions therein, you may appeal the declined permit under the Carps of Engineers Administrative Appeal Process by completing Section II of this form and sending the form to the division engineer. This form must be received by the division engineer within 6Q days ofthe date of this notice. C: PERMIT DENIAL: You may appeal the denial of a permit under the Carps of Engineers Administrative Appeal Process by completing Section II of this farm and sending the form to the division engineer. This form must be received by the division engineer within 60 days of the date of this notice. Y ' D: APPROVED JURISDICTIONAL DETERMINATION: You may acceptor appeal the approved JD or provide new information. • ACCEPT: You do not need to notify the Carps to accept an approved JD. Failure to notify the Corps within 60 days of the date of this notice, means that you accept the approved JD in its entirety, and waive aI1 rights to appeal the approved JD. • APPEAL: If you disagree with the approved 7D, you may appeal the approved JD under the Corps of Engineers Administrative Appeal Process by completing Section II of this form and sending the form to the division engineer_ This form must be received by the division engineer within 60 days of the date of this notice. E: PRELIMINARY JURISDICTIONAL DETERMINATION: You do not need to respond to the Corps regarding the preliminary JD. The preliminary JD is not appealable. If you wish, you may request an approved JD (which maybe appealed), by contacting the Corps district far further instruction. Also you may provide new information for further consideration by the Carps to reevaluate the JD. <~ ~a~;: ,' ~ ~ ti , REASONS FOR APPEAL OR OBJECTIONS: (Describe your reasons for appealing the decision or your objections to an initial proffered permit in clear concise statements. You may attach additional information to this form to clarify where your reasons or objections are addressed in the administrative record.) ADDITIONAL INFORMATION: The appeal is limited to a review of the administrative record, the Corps memorandum for the record of the appeal conference or meeting, and any supplemental information that the review off cer has determined is needed to clarify the administrative record. Neither the appellant nor the Carps may add new information or analyses to the record. However, you may provide additional information to clarify the location of information that is already in the administrative record. ..~ ,. ~ ~u• If you have questions regarding this decision If you only have questions regarding the appeal process you and/or the appeal process you may contact: may also contact: Lillette Granade Mr. Arthur Middleton, Administrative Appeal Review Officer TJ.S. Army Corps afEngineers, Wilmington Dist. CESAD-ET-CO-R 69 Darlington Avenue U.S: Army Carps of Engineers, South Atlantic Division Wilmington, North Carolina 28402 b0 Forsyth Street, Room 9M15 Atlanta, Georgia 30303-8801 RIGHT 4F ENTRY: Your signature below grants the right of entry to Corps of Engineers personnel, and any gavennnent consultants, to conduct investigations of the project site during the course of the appeal process. You will be provided a 15 day notice of any site investigation, and will have the opportunity to participate in all site investigations. Date: Telephone number: Si afore of appellant or agent. CCJPB Map Page 1 of 2 ~' G 4-. Cumberland County Planning Department ;. . ~ Fayetteville, North Carolina TownePlace Suites -Vicinity Map - 1464 Skibo Road, Fayetteville, NC Created by Public on Tuesday, 8 January 2008 Map Zoom: 6558 ft Map Scale: 1:10,000 D ~~ JA: ~~~ rJ~~~~:. Info Results Tab/e: Parce/ Detai/s [Count: 1, Base; IJ ,.~ ~~, ~ ~ p'~G8 ,,;~KLITI' :3itt~WATER RR1f~C;ii http://expo. co.cumberland.nc. us/exponare/printing/planningprint. aspx?PrintVoucher-f2fd32... 1 /8/2008 ,~ SA`;., J • ' • , \ •. ~.;, _ - ~ `~,^ r ~, S • : ' • ~ .1.4 . ,,r-~;. ,-,.. ,. .: r : / is `"-~~~ ,~ !-'_ ~,. 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