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HomeMy WebLinkAbout19970550 Ver 2_401 Application_20100915q7 - oSSo ua, PAN LE ENVUR ONME :NTAL., INC. Land Planning Permitting • Environmental Consulting • Construction Management • Expert Testimony LETTER OF TRANSMITTAL Date: (> It C1 Name: Company Name: (f.' Dw Q q0 t / W47_ 4wtAUV..%-t' From: L tl Z e;_ °' RE: p6 m :'" r^_A_ 7?;r 46W4 P?4 104 Zov?'C>gfjl3 WE ARE SENDING YOU: SEI #: K Attached Under Separate Cover via L<V Shop Drawings Specifications Letters Change Order Reports Computer Disk COPIES DATE DESCRIPTION 13 ? THESE ARE TRANSMITTED as checked below: For Approval Approved as Submitted Resubmit For Your Use Approvers as Noted Submit Copies for Approval Copies for Distribution As Requested Return for Corrections Return Corrected Prints For Review & Comment FOR BIDS DUE Other SIGNED: Road Raleigh, N.C. 27609 tel 919-875-4286 fax 919-675-4287 inv s Reproducww STQ°. Samples 3961-8 Market Street Wilmington, N.C. 28403 tel 910-343-9375 fax 919-343-8351 1-866-SPANGLER www.sp ng, y snantal.corn IF OF INA 1t1-usso 0,-L, Office Use Only: Corps action ID no. DWQ project no. Form Version 1.4 January 2009 Pre-Construction Notification (PCN) Form A. Applicant Information 1. Processing 1a. Type(s) of approval sought from the Corps: ?X Section 404 Permit ? Section 10 Permit 1 b. Specify Nationwide Permit (NWP) number: 29 or General Permit (GP) number: 1c. Has the NWP or GP number been verified by the Corps? ? Yes ?X No 1d. Type(s) of approval sought from the DWQ (check all that apply): 401 Water Quality Certification - Regular ? Non-404 Jurisdictional General Permit ? 401 Water Quality Certification - Express ? Riparian Buffer Authorization le. Is this notification solely for the record because written approval is not required? For the record only for DWQ 401 Certification: ? Yes ? No For the record only for Corps Permit: ? Yes ?X No 1f. Is payment into a mitigation bank or in-lieu fee program proposed for mitigation of impacts? If so, attach the acceptance letter from mitigation bank or in-lieu fee program. ?X Yes ? No 1g. Is the project located in any of NC's twenty coastal counties. If yes, answer 1 h below. ? Yes ?X No 1 h. Is the project located within a NC DCM Area of Environmental Concern (AEC)? ? Yes ?X No 2. Project Information 2a. Name of project: Harris Place Phase IV lots 13,14,15,16 2b. County: Cumberland _- 2c. Nearest municipality / town: Fayetteville 2d. Subdivision name: Seventy-First , 2e. NCDOT only, T.I.P. or state project no: ti . E) c 3. Owner Information DEhR • MATER GUfil.{TY 3a. Name(s) on Recorded Deed: King Model Homes Construction Co., Inc. WETW AN " . " 3b. Deed Book and Page No. 4603 848 3c. Responsible Party (for LLC if applicable): King Model Homes Construction Co., Inc. 3d. Street address: 143 N. Reilly Rd. 3e. City, state, zip: Fayetteville, NC 28303 3f. Telephone no.: 3g. Fax no.: 3h. Email address: Page 1 of 10 PCN Form - Version 1.4 January 2009 4. Applicant Information (if different from owner) 4a. Applicant is: ? Agent ? Other, specify: 4b. Name: SAME AS OWNER 4c. Business name (if applicable): 4d. Street address: 4e. City, state, zip: "" 4f. Telephone no.: 4g. Fax no.: 4h. Email address: 5. Agent/Consultant Information (if applicable) 5a. Name: Jim Spangler 5b. Business name (if applicable): Spangler Environmental, Inc. 5c. Street address: 4338 Bland Road 5d. City, state, zip: Raleigh, NC 27609 5e. Telephone no.: 919 875 4288 5f. Fax no.: 919 875 4287 5g. Email address: jpangler@spanglerenvironmental.com Page 2 of 10 B. Project Information and Prior Project History 1. Property Identification 1a. Property identification no. (tax PIN or parcel ID): 9477657964, 9477658932, 9477659805, 9477659893 1 b. Site coordinates (in decimal degrees): Latitude: 35.033086 Longitude: 79.042481 1c. Property size: 1.53 acres 2. Surface Waters 2a. Name of nearest body of water to proposed project: Lake William 2b. Water Quality Classification of nearest receiving water: Class-C 2c. River basin: Cape Fear 3. Project Description 3a. Describe the existing conditions on the site and the general land use in the vicinity of the project at the time of this application: Lots 13,14,15 & 16 are undeveloped plated lots containing wetlands in a developed single family housing development. 3b. List the total estimated acreage of all existing wetlands on the property: 0.968 3c. List the total estimated linear feet of all existing streams (intermittent and perennial) on the property: 0 3d. Explain the purpose of the proposed project: These lots are going to be used to place additional single family homes 3e. Describe the overall project in detail, including the type of equipment to be used: The project consists of 5 undeveloped lots remaining in a single family housing development that need fill to be placed on them to allow for the propose 4. Jurisdictional Determinations 4a. Have jurisdictional wetland or stream determinations by the Corps or State been requested or obtained for this property / project (including all prior phases) in the past? ?X Yes ? No ? Unknown Comments: 4b. If the Corps made the jurisdictional determination, what type of determination was made? Preliminary ? Final 4c. If yes, who delineated the jurisdictional areas? Name (if known): Chip Jackson Agency/Consultant Company: Spangler Environmental, Inc. Other: 4d. If yes, list the dates of the Corps jurisdictional determinations or State determinations and attach documentation. See Attached JD (5-28-10) 5. Project History 5a. Have permits or certifications been requested or obtained for this project (including all prior phases) in the past? ? Yes ?X No ? Unknown 5b. If yes, explain in detail according to "help file" instructions. 6. Future Project Plans 6a. Is this a phased project? ? Yes Q No 6b. If yes, explain. Page 3 of 10 PCN Form - Version 1.4 January 2009 C. Proposed Impacts Inventory 1. Impacts Summary 1 a. Which sections were completed below for your project (check all that apply): 0 Wetlands ? Streams - tributaries ? Buffers ? Open Waters ? Pond Construction 2. Wetland Impacts If there are wetland impacts proposed on the site, then complete this question for each wetland area impacted. 2a. Wetland impact number Permanent (P) or Temporary 2b. Type of impact 2c. Type of wetland 2d. Forested 2e. Type of jurisdiction Corps (404,10) or DWQ (401, other) 2f. Area of impact (acres) W1 P Fill Cleared Scrub Yes Corps 0.02 W2 P Fill Cleared Scrub Yes Corps 0.121 W3 P Fill Cleared Scrub Yes Corps 0.19 W4 P Fill Cleared Scrub Yes Corps 0.06 W5 Choose one Choose one Yes/No - W6 - Choose one Choose one Yes/No - 2g. Total Wetland Impacts: 0.39 2h. Comments: W1- Lot # 16,W2- Lot # 15,W3- Lot* 14, W4- Lot # 13 Final impacts will be further minimized based on allowable driveway slope (SEE Exhibits). MAX IMPACT = 0.39 acres 3. Stream Impacts If there are perennial or intermittent stream impacts (including temporary impacts) proposed on the site, then complete this question for all stream sites impacted. 3a. Stream impact number Permanent (P) or Temporary (17 3b. Type of impact 3c. Stream name 3d. Perennial (PER) or intermittent (INT)? 3e. Type of jurisdiction 3f. Average stream width (feet) 3g. Impact length (linear feet) S1 - Choose one _ S2 - Choose one - - S3 - Choose one S4 - Choose one S5 - Choose one - _ S6 - Choose one - 3h. Total stream and tributary impacts 0 3i. Comments: Page 4 of 10 PCN Form - Version 1.4 January 2009 4. Open Water Impacts If there are proposed impacts to lakes, ponds, estuaries, tributaries, sounds, the Atlantic Ocean, or any other open water of the U.S. then individual) list all open water impacts below. 4a. Open water impact number Permanent (P) or Temporary 4b. Name of waterbody (if applicable) 4c. Type of impact 4d. Waterbody type 4e. Area of impact (acres) 01 - Choose one Choose 02 - Choose one Choose 03 - Choose one Choose 04 - Choose one Choose 4f. Total open water impacts 0 4g. Comments: 5. Pond or Lake Construction If and or lake construction proposed, then complete the chart below. 5a. Pond ID number 5b. Proposed use or purpose of pond 5c. Wetland Impacts (acres) 5d. Stream Impacts (feet) 5e. Upland (acres) Flooded Filled Excavated Flooded Filled Excavated P1 Choose one P2 Choose one 5f. Total: 0 5g. Comments: 5h. Is a dam high hazard permit required? ? Yes ?X No If yes, permit ID no: 5i. Expected pond surface area (acres): 5j. Size of pond watershed (acres): 5k. Method of construction: 6. Buffer Impacts (for DWQ) If project will impact a protected riparian buffer, then complete the chart below. If yes, then individually list all buffer impacts below. If an impacts require mitigation, then you MUST fill out Section D of this form. 6a. Project is in which protected basin? ? Neuse ? Tar-Pamlico ? Catawba ? Randleman ? Other: 6b. Buffer Impact number - Permanent (P) or Temporary 6c. Reason for impact 6d. Stream name 6e. Buffer mitigation required? 6f. Zone 1 impact (square feet 6g. Zone 2 impact (square feet 61 Yes/No B2 Yes/No B3 Yes/No B4 Yes/No B5 Yes/No B6 - Yes/No 6h. Total Buffer Impacts: 0 0 6i. Comments: Page 5 of 10 D. Impact Justification and Mitigation 1. Avoidance and Minimization 1a. Specifically describe measures taken to avoid or minimize the proposed impacts in designing project. The typical footprint of the proposed single family home was used to place the proposed structure on the lot as close to the road as possible. This minimizes the amount of fill/impact in the wetland areas , mandatory setbacks from the road and property boundaries dictates the required setback from the road 1 b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques. Earth moving equipment referenced above will only operate in area necessary for the construction of the building pad as well as fill and other construction materials. Sediment and erosion control measures will be in place in accordance with the approved S& EC plans, which include lot specific S & EC measures (NCDENR DLR-LQS 3-10-09) 2. Compensatory Mitigation for Impacts to Waters of the U.S. or Waters of the State 2a. Does the project require Compensatory Mitigation for impacts to Waters of the U.S. or Waters of the State? ?X Yes ? No 2b. If yes, mitigation is required by (check all that apply): ?X DWQ ? Corps 2c. If yes, which mitigation option will be used for this pro project? ? Mitigation bank X? Payment to in-lieu fee program ? Permittee Responsible Mitigation 3. Complete if Using a Mitigation Bank 3a. Name of Mitigation Bank: N/A 3b. Credits Purchased (attach receipt and letter) Type: Choose one Type: Choose one Type: Choose one Quantity: Quantity: Quantity: 3c. Comments: 4. Complete if Makin a Payment to In-lieu Fee Program 4a. Approval letter from in-lieu fee program is attached. ? Yes 4b. Stream mitigation requested: 0 linear feet 4c. If using stream mitigation, stream temperature: Choose one 4d. Buffer mitigation requested (DWQ only): 0 square feet 4e. Riparian wetland mitigation requested: 0 acres 4f. Non-riparian wetland mitigation requested: 0.5 acres 4g. Coastal (tidal) wetland mitigation requested: 0 acres 4h. Comments: 5. Complete if Using a Permittee Responsible Mitigation Plan 5a. If using a permittee responsible mitigation plan, provide a description of the proposed mitigation plan. Page 6 of 10 PCN Form - Version 1.4 January 2009 6. Buffer Mitigation (State Regulated Riparian Buffer Rules) - required by DWQ 6a. Will the project result in an impact within a protected riparian buffer that requires buffer mitigation? ? Yes ? No 6b. If yes, then identify the square feet of impact to each zone of the riparian buffer that requires mitigation. Calculate the amount of mitigation required. Zone 6c. Reason for impact 6d. Total impact (square feet) Multiplier 6e. Required mitigation (square feet) Zone 1 3 (2 for Catawba) Zone 2 1.5 6f. Total buffer mitigation required: 6g. If buffer mitigation is required, discuss what type of mitigation is proposed (e.g., payment to private mitigation bank, permittee responsible riparian buffer restoration, payment into an approved in-lieu fee fund). 6h. Comments: Page 7 of 10 E. Stormwater Management and Diffuse Flow Plan (required by DWQ) 1. Diffuse Flow Plan 1 a. Does the project include or is it adjacent to protected riparian buffers identified ? Yes ?X No within one of the NC Riparian Buffer Protection Rules? 1 b. If yes, then is a diffuse flow plan included? If no, explain why. ? Yes ?X No 2. Stormwater Management Plan 2a. What is the overall percent imperviousness of this project? 22.4% 2b. Does this project require a Stormwater Management Plan? ? Yes ?X No 2c. If this project DOES NOT require a Stormwater Management Plan, explain why: Because it is less than the required Impervious Surface Criteria 2d. If this project DOES require a Stormwater Management Plan, then provide a brief, narrative description of the plan: 2e. Who will be responsible for the review of the Stormwater Management Plan? City of Fayetteville 3. Certified Local Government Stormwater Review 3a. In which local government's jurisdiction is this project? City of Fayetteville ?X Phase II ? NSW 3b. Which of the following locally-implemented stormwater management programs ? USMP apply (check all that apply): ? Water Supply Watershed ? Other: 3c. Has the approved Stormwater Management Plan with proof of approval been ?Yes ?X No attached? 4. DWQ Stormwater Program Review ?Coastal counties ? HQW 4a. Which of the following state-implemented stormwater management programs apply ?ORW (check all that apply): ?Session Law 2006-246 ?Other: 4b. Has the approved Stormwater Management Plan with proof of approval been ? Yes X? No attached? 5. DWQ 401 Unit Stormwater Review 5a. Does the Stormwater Management Plan meet the appropriate requirements? ?X Yes ? No 5b. Have all of the 401 Unit submittal requirements been met? ZX Yes ? No Page 8 of 10 PCN Form - Version 1.4 January 2009 F. Supplementary Information 1. Environmental Documentation (DWQ Requirement) la. Does the project involve an expenditure of public (federal/state/local) funds or the ? Yes ?X No use of public (federal/state) land? 1 b. If you answered "yes" to the above, does the project require preparation of an environmental document pursuant to the requirements of the National or State ? Yes ? No (North Carolina) Environmental Policy Act (NEPA/SEPA)? 1c. If you answered "yes" to the above, has the document review been finalized by the State Clearing House? (If so, attach a copy of the NEPA or SEPA final approval ? Yes ? No letter.) Comments: 2. Violations (DWQ Requirement) 2a. Is the site in violation of DWQ Wetland Rules (15A NCAC 2H .0500), Isolated Wetland Rules (15A NCAC 2H .1300), DWQ Surface Water or Wetland Standards, ?Yes ?X No or Riparian Buffer Rules (15A NCAC 2B.0200)? 2b. Is this an after-the-fact permit application? ? Yes X? No 2c. If you answered "yes" to one or both of the above questions, provide an explanation of the violation(s): 3. Cumulative Impacts (DWQ Requirement) 3a. Will this project (based on past and reasonably anticipated future impacts) result in ?Yes ?X No additional development, which could impact nearby downstream water quality? 3b. If you answered "yes" to the above, submit a qualitative or quantitative cumulative impact analysis in accordance with the most recent DWQ policy. If you answered "no," provide a short narrative description. 4. Sewage Disposal (DWQ Requirement) 4a. Clearly detail the ultimate treatment methods and disposition (non-discharge or discharge) of wastewater generated from the proposed pro?'ect, or available capacity of the subject facility. Th i l f il h ill b i i i d t t e propose ng am y omes w n s e e t ed o the san tary sewer infrastruc ure that already exist. Utilities are already stubb ed to Lots. Page 9 of 10 PCN Form - Version 1.4 January 2009 5. Endangered Species and Designated Critical Habitat (Corps Requirement) 5a. Will this project occur in or near an area with federally protected species or Yes ® No habitat? 5b. Have you checked with the USFWS concerning Endangered Species Act Yes © No impacts? 5c. If yes, indicate the USFWS Field Office you have contacted. - 5d. What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical Habitat? N/A - developed subdivision, Lots cleared 6. Essential Fish Habitat (Corps Requirement) 6a. Will this project occur in or near an area designated as essential fish habitat? ? Yes X? No 6b. What data sources did you use to determine whether your site would impact Essential Fish Habitat? 7. Historic or Prehistoric Cultural Resources (Corps Requirement) 7a. Will this project occur in or near an area that the state, federal or tribal governments have designated as having historic or cultural preservation Yes No status (e.g., National Historic Trust designation or properties significant in North Carolina history and archaeology)? 7b. What data sources did you use to determine whether your site would impact historic or archeological resources? N/A - developed subdivision, Lots cleared 8. Flood Zone Designation (Corps Requirement) 8a. Will this project occur in a FEMA-designated 100-year floodplain? 8b. If yes, explain how project meets FEMA requirements: 8c. What source(s) did you use to make the floodplain determination? Plat Map approved by City of Fayetteville & approved S & EC plan Applicant/Agent's Printed Name Yes Applicant/Agent's Signature (Agent's signature is valid only if an authorization © No 11D (e /` Date Page 10 of 10 KING A40DEL FIO1VNlES BIALDING CO. 143 N Reilly Road Fayetteville, NC 28303 PhDac. 910-967-9116 Fax: 910-867-3515 February 10, 2410 To Whom It May Concern: The letter serves to inform you that King Mo&l Homes located at 143 N Reilly Road, Fayetteville, NC 28303, hereby authorizes Spangler Enviro ental, inc. to act as our technical agent for the purposes ol'environmental issues, inch dirsg wetland and stream identiflaWon, permitting;, mitigation planning and regulatory agcmcy coordination at the property known, as Harris Place Lou 12, 13, 14,15 and 16, and as shown in Cumberland County records as 9477- 65-7964, 9477-65-8932, 9477-65-9945, 9477-65-9843, 9477-75-0896. All site visits Fry regulatory personnel must be coordinated in advance with our agent, Spangler Environmental, Inc. This letter super des all previous Agent-Mated correspondence. The rol lowing; contact persons should be copied on all correspondence: Property Owner (or Legal Agcat/Represertative): Clyde T. Wood, Jr. Ring Model Homes E1d. Co. 143 N Reilly Rd Fayeneville, NC 28303 91€1-867-8116 T"hnical Agent: Chip Jackson Spangler Environmental, Inc 3961-E 1 ket Street WiL ington, NC 28411 Office - (910) 343-3375 Faux -(91%343-8351 sin rer l Clyde T. Wood, it President: J.S. W CORPS OIL ENGMERS. WILMINGTON DISTRICT Property description Size (acres) $ Nearest Town EUISMdk Nearest Waterway I AI River Basin Qgj ftag USCS HUUC 03 Coordinates A M&AU { W -7; I147 Location description The nr221rty 1 . r r in Fa et eville C mb-e n ,2._ 9477-6-9-9905. 94714SAWA and 111dicate W A. Preliminary Determination Based on preliminary information, there may be wetlands on the above described property. We strongly suggest you have this property inspected to determine the extent of De t of the Army (DA) jurisdiction, To be considered final, a jurisdictional. determination must be verified by the Corps. This prelim" determination is not an appealable action under the k gulatary Plr*-atn Adtiitisn rani ie Appehl ocess ( Wereatce 33 C Part 331}. B. Apprcived tk4jA tati n _ There 'are Navi?le Waters,of'the United States.withiu the &Wye 40scribed.Property subject to the ,permit a?gtaire umts of Section} i Q of fine lovers and Harbors. Act apd Section 404 of the.tlsan utter Act. Unless there is a 'kAn a in the law or our published regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification. X `t'here are wetlands an the above described property subject to the permit requirements of Section 404 of tha .Clean. Water Act (CWA)(33 USC § 1344). Unless there is a change in the law or our published regulations, this detsrtatit ion may be relied upon for a period not to exceed five years from the date of this notification. We strongly suggest you have the wetlands on your property delineated. Due to the size of your property and/or our nrc'F0??I ?vnrkler??i, the C'Orpa may not be ahl trt aixnplish this wetLtl.61€Iineatioan in tidy iµ,ar tr4?r? ti"Ik,1y delineatioa, you inay wish to obtain a consultant. To be corns ' final, aany delineation mast be vc?ri ?yah$?s, X The wetland on your property have been delineated. and the delineation has been verified by the Carps. We strongly suggest you, have this delineations surveyed. Upon completion, this survey should be reviewed and verified by the Corps. Once 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, may be relied upon for a period not to exceed five years. The wetlands have been delineated and surveyed and.are.accurately depicted on the Z at. igispci by,tha. (Corns.. Regulatory Offikial, identified below on Unless' there is a chars in ho law or our. publas d t a. determination hsay be relied upon for a period not to exceed five years from the date of this notification. _ There are no Waters of the U.S., to include wetlands, present on the above described property which are subject to the permit requirements of Section 404 of the Clean Water Act (33 USC 1344). Unless there is a change in the law or our pulslished regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification. Page 1 of 2 Act o ID: m o4 Og The property is located in one of the 20 Coastal Counties seat to replation tender the Coastal Area MaWOMMU Act (LAMA). You should comet the Division of Coastal in Washington, NC, at (252) 946-6481 to def. their requirements. Placement of dredged or fill material within waters of the US aa&or wedsn& without a De ,partmaetnt of the Amity petit may constitute a violation of Section 301 of the Clean. WSW Act (33 USC $1311). If you have any questions raggr&g this detonn ation and/or the Corps regulatory program, please contact ffa1 at 1 -4,...17.. C. Basis For Determination Wetlan _w ar d zt 7 U Lem D. Remarks E. Attention USDA Program Participants This de'iIoation/determination has been conducted to identify the limits of corps, Clean Water Act jurisdiction for the p aru ? u ; ar Y ° . 4 eel s rest The defiaeatiota/dete oa say t be valid for the w 1. l c rva a provisions of t ae Fc od Security Act of 1985- If you or your team are USDA Program putic'. , or a? ` top ici?at?an in. USDA programs, you should request a certified wetland determination frorn the local office of the Nau Lases Conservation Service, prior to starting work. F. Appeals Inforrnatiart ('t'his informatio ; applies only to approved jurisdictional determinations as tadicated In B. above) This correspondence constitutes an approved jurisdictional detemi tio.n for the above described site. If you object to this determination, you may request an administrative appeal under Corps regulations at 33 CFR part 331. Enclosed you will find a Notifwation of Appeal Process (NAP) fact sheet and request for appeal (RFA) form. If you request to appeal this determination you must submit a completed RFA form to the following address. District Engineer, Wilmington Regulatory Division Attn: Crystal Arnschler, Proyect Manager, Wilmington Regulatory Field Office 69 Darlington Ave Wilmington, North. Carolina 28403 In order for an RFA to be accepted by the Corps, the Carps roust determine that it is complete, that it (Hoots the criteria for appeal under 33 CF.R part 331.5, and that it has been, received by the District Office within 60 days of the date of the NAP. Should you decide to submit an RFA form, it must be received at the above address by ?a7MI **It is not necessary tto submit an RF°'A tbn?m to the District Uffice correspondence.* * 1;1 Corps Regulatory Official: Date 05/28/2014 Expiration Date 051281 0;15 The Wilmington District is committed to providing the highest level of support to the public. To help us ensure we continue to do so, please complete the Customer Satisfaction Survey located at our website at Ipi[/.par n ; ?•t W Q v l to complete the survey online. Date: 58I0 See Section. below INI"T"IAL PROFFERED PERK iT (Standard Permit or Letter of A J LJ PRC3P`FFJ ED PERMIT (Standard Permit or Letter of r ermissionl I R APPROVED JURISDICTIONAL DETERMINATION PRELIMINARY JURISDICTIONAL DETERMINATION ?-? RD 1 SEC", ti.??41J?u A: INITIAL PROFFERED IT: You may accept or object to the permit. • ACCEPT; If you received a Standard Penrit, 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 LOP and your work is authorized. Your signature on the Standard Permit or acceptance of the LOP paeans 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 11 of this forth and return the form to the district engineer. Your objections trust be received try the district engineer within 60 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 array: (a) modify the pernai t to address all of your concerns, (b) modify the permit to address some of your objections, or (c) not modify the permit having determined that the permit should be issued as previously written. Mier 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 or appeal the permit • ACCEP'T': If you received a Standard Permit, you may sign the permit document and return it to the district engineer for rm.al authorization. If you received a Letter of Permission (LOP), you may accept the LOP and your work is authorized, Your signature on the Standard Permit or acceptance of the LEAP 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. • APPEAL: If you choose to decline the pwoffered pa rdt (S d er ) be ear%in ?, eerae ?i ther+sira; you ma" appQ'al the declined permit under the Corps of Engineers Administrative Appeal Process by completing Section. II of this form and sending, the forth to the division engineer. This farm must be received by the division engineer within 60 days of the date of this notice. C: PERMIT DENIAL: You may appeal the denial of a permit under the Corps of Engineers Administrative Appeal Process by completing Section lT of this forth and sending the form to the division engineer. 't'his form roust be received by the division engineer within 60 days of the date of this notice. D: APPROVED JURISDICTIONAL DETERMINATION: You may accept or appeal the approved JD or provide new information. ACCEPT: You do not need to notify the Corps to accept an approved JD, Failure to notify the Corps within oil days of the date of this notice, means that you accept the approved JD in its, entirety, and waive alI rights to appeal the approved :IDD.. APPEAL:. If you disagree with the approved JD, you may appeal die approved JD under the Corps of EngUieers ,A (buinistmtive Appeal Process by completing Section II of this form and sending the form to the district engineer. This forth roust be received by the division engineer within 60 days of the date of this notice. E "PRELIMINARY JURISDICTIONAL DETE ATION: You do not need to respond to the Corps regarding the preliminary JD. The Prefiminary JD is not appe"le. If you wish, you may request an approved JD (which may be appealed), by contacting the Corps duct for further instruction. Also you may provide new information for further consideration by the Corps to reevaluate the JD. f REAS£3I FOR APPEAL OR OBJEC'TI(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 NFOR1 A'TION: The appeal is limited to a review of the admimistralive reao4 the Corps memorandum for the record of the appeal conference or meeting, and any supplemental information that review officer has determined is needed to clarify the administrative record. Neither the appellant nor the Corps may add new information or analyses to the record. However, you may provide additional information to clarify the location of information that is alread in the administrative record. n4 ? ? if, you have questions regarding this decision If you only have questions regarding the appeal: press you and/or the appeal process you may contact: may also contact: District .Engineer, Wilmington Regulatory Division Mr. Mike Bell, Administrative Appeal Review Officer Attn Crystal Amschler, Project Manager, CE AD-ET-CO-R Wilmington Regulatory Field Office U.S. Army Corps of Engineers, South Atlantic Division 69 Darlington Ave 60 Forsyth Street, Room 9M15 Wilmington, North Carolina 28403 Atlanta, Georgia 30303-8801 RIGHT OF ENTRY: Your signature below grants the right of entry to Corps of Engineers personnel, and any government consultants, to conduct investigations of the project site during the course of the appear process. You will be provided a 15 day notice of any site investigation, and will have the opportunity to pa cipek in all site . investigations. Date: Telephone number: S 1 gnature of appellant or agent. For appeals on Initial Proffered Permits and approved Jurisdictional Determinations send dais form to: District Engineer, Wilmington Regulatory Division, Attn: Crystal Amschler, Prot Manager, Wilmington Regulatory Field Office, 69 Darlington Ave, Wilmington, North Care ina 2W3 For Permit denials and Proffered Permits send this form to: Division Engineer, Commander, U.S. Army Engineer Division, South Atlantic, Attn: Mr. Mike Bell, Administrative Appeal Officer, CESAD-ET-CO-F4 60 Forsyth Street, Boom 9 MI5, A ta., Georgia 30,303-8901 _N L p ? Y V O m E 00 iE J W m ? U ? .Q o H w c X W fB z? p BN U Q U U Z O W Q p c 0 00 0 3 ?OPG.?v C O o o.` a> 3M3o ?? mp G z W 0 c i. 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