20201964 Ver 2_USACE NWPR vacatur_20220202

Strickland, Bev
From: Lastinger, James C CIV USARMY CESAW (USA) <[e-mail]>
Sent: Wednesday, February 2, 2022 11:09 AM
To: Ward Marotti
Cc: Cohn, Colleen M
Subject: [External] Apollo site, pending NWP PCN, NWPR vacatur, SAW-2019-02355
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Ward,
I know you are well aware of the issues regarding the Apollo site with respect to the NWPR and permitting for this
project. We have had several communications with you regarding this project. The last communication being via email
on January 20, 2022, and to date have not received an answer regarding the applicants desire to move forward. The
application is still considered incomplete with an incomplete notice provided to you on 12/10/2021.
As you are aware the Corps may no longer finalize any regulatory action that relies on a NWPR AJD to document
geographic jurisdiction. Accordingly the applicant has the following options to address the JD for this site in order to
move forward with the current PCN that was submitted:
(1) geographic jurisdiction interpreted and documented in the administrative record consistent with the currently
applicable WOTUS definition (i.e., an AJD decided under the pre-2015 regulatory regime); or,
(2) a PJD; or,
(3) a delineation of aquatic features impacted by the project that is not reliant on a JD.
Please let me know asap how the applicant would like to proceed.
If a response is not received within 30 days of receipt of this email, the applicant may be withdrawn due to lack of
applicant response. Please let me know if you have any questions or concerns.
James Lastinger
Regulatory PM
Raleigh Regulatory Field Office
US Army Corps of Engineers, Wilmington District
ADDRESS: 3331 Heritage Trade Drive, Suite 105 Wake Forest, NC 27587
Phone: [phone]
Please note that I am teleworking almost exclusively. Email is the best way to reach me.
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