20181108 Ver 4_Riparian Buffer Authorization Request_20220930

Buffer Authorization Application Form
15A NCAC 02B .0233 (8)(b), .0243 (8)(b), .0250 (11)(b), .0259 (8)(b), .0267 (11)(c), .0607 (e)(2) Buffer Authorization Online Form -
Update 10/23/2018
Water Reources
ENVIRONMENTAL QUALITY
Original Submittal 9/30/2022
A. Owner/Applicant Information
General Information
Primary Contact Email:*
Who is submitting the application?*
1. Property Owner Information:
la. Name on Recorded Deed: *
1b. Responsible Party:
lc. Mailing Address:*
Id. Telephone:*
252 943-6677
3. Agent Information:
3a. Name:
3b. Company Affiliation:
3c. Mailing Address:
3d. Telephone:
3f. Attach a signed and dated copy of the agent
authorization form.
[e-mail]
Please list the contact person's email for questions or payment on this project if needed.
Owner
Applicant other than Owner
Agent
TJ Land Development LLC
Tobin J. Tetterton
(for Corporations)
Street Address
Post Office Box 125
Address Line 2
City State / Province / Region
Pantego North Carolina
Postal / Zip Code Country
27860 US
Street Address
Address Line 2
City
Postal / Zip Code
le. Email Address:* [e-mail]
3e. Email Address:
State / Province / Region
Country
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B. Project Information and Prior Project History
1. Project Information

la. Name of Project: * TJ's Transient Marina
(Subdivision, facility, or establishment name)
1b. Is this a publicly -funded transportation project?*
Yes
No
Id. Subdivision Name: N/A
1e. Nearest Municipality: Belhaven
If. Property Size: 4.10
acres
lg. County (or Counties) where the project is located:*
Beaufort
lh. Property ID# Date of Purchase
7615-09-9675
Tax PIN or Parcel id
No Tax PIN
Tax PIN or Parcel id
7615-19-7374
Tax PIN or Parcel id
1 i. Deed Information
6/15/2015
11/19/2021
6/22/2022
Type of Book
Book#
Page#
Deed
002067
00710
Map
1 j. Attach a copy of the recorded map that indicates when the lot was last platted.
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PDF only
1k. How would you like to provide the Latitude and Longitude information?*
Address Lookup
- Manually
Latitude* 35.538970 Longitude* -76.609767
11. Is the project located in any of North Carolina's twenty coastal counties?*
Yes
No
1m. Is the project located within a NC Division of Coastal Management Area of Environmental Concern (AEC)?
Yes
No
2. Surface Waters
2a. Name of the nearest body of water to proposed project:*
Battalina Creek

2b. Water Quality Classification of nearest receiving water:
SC;HQW;NSW
2c. List the total estimated linear feet of all existing streams (intermittent and perennial) on the property:
1,600
(linear feet only)
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:
The site is an area of flat. cleared uplands developed and used as harbor of refuge
for commercial fishing operations. The existing woody vegetation is best described as
very sparse with approximately 19 trees existing on 2.45 acres on Tract A. A gravel
driveway accesses the site off Pantego Street. There are areas of compacted soils
and gravel resulting from vehicular traffic accessing boats moored in the canal
system. The area was used to store commercial fishing gear, mainly crab pots as well
as boats on trailers. There was a building that housed a crab shedding operation with
a closed system. The closed system had a series of tank filters that were buried
underground next to the building. The site had also been impacted by the stock piling
of masonry debris, a product of the house raising that was undertaken in the late 90's
and early 2000 after a series of Hurricanes impacted the Town of Belhaven. The
current owner has removed the masonry debris stockpile,
The current owner has a marine contracting business. The site is used as a staging
area for heavy equipment and construction materials, The canal system is used to
moor various sized steel work barges as well as provide an area to haul out and
make minor repair to the barges. The site was recently used as a staging area to
stockpile and load concrete reef balls on a large steel work barge for deployment at
the NC Division of Marine Fisheries Artificial reef in the Pamlico River near Bath.
Land uses adjacent the site include a boatyard and residential properties.
3b. Attach an 8 1/2 x 11 excerpt from the most recent version of the USGS topographic map indicating the location of the site.
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Topo.pdf
Topo.pdf
PDF only
732.27KB
732.27KB
3c. Attach an 8'/2 x 11 excerpt from the most recent version of the published County NRCS Soil Survey Map depicting the project site.
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20211228_11161311757_1_Soil_Map.pdf 325.19KB
20211228_11161311757_1_Soil_Map.pdf 325.19KB
PDF only
4. Proposed Activity

Provide a detailed description of the proposed activity including its purpose and include the type of equipment to be used: *
The primary purpose of this development proposal is to establish a transient boat
marina to attract boats traveling the Intracoastal Waterway (ICW) located in the
Pungo River approximately 2 miles from the project site. In addition to mooring of
vessels, amenities offered to boaters will include a bathhouse, laundry room and
marina store. Wastewater generated form the bathhouse and laundry room will be
handled by the Town of Belhaven sewer system. Fueling services and a marine pump
out will also be provided. Boat maintenance activities will be restricted to the TJ
Marina and Boatyard on the other side of the canal. A 40' wide x 240' long building
will be constructed on Tract "A" to house the amenities. The building avoids impacts
to the Tar -Pamlico River Basin Buffer as does the associated gravel parking area.
The building will be elevated on pilings with parking underneath.
The canal system around the perimeter of Tract "A" will be widened from 15" to as
much as 65' to improve navigation in the canal system and to facilitate "side to"
mooring of vessels to a dock to constructed on the landward side of the bulkhead
around the perimeter of Tract "A". The dock constructed over land will be 6' wide. The
widest and largest area of upland excavation is at the entrance to the canal system
where an area 50 ay. X 295' long basin will be excavated. A dock 8' wide x 284' long
will be built in the basin and extend into Battalina Creek and will maintain consistency
with the "1/4" rule prior to and after undertaking the excavation. Excavation will be
taken below the NWL to establish a consistent minus 6.0' depth from the channel in
Creek to the landward edge of the basin. A long reach excavator on a barge with a
spoil containment structure will complete the channel excavation before the adjacent
upland excavation begins in Battalina Creek. Excavation below the NWL in Baker
Creek and Boat Harbor Canal will be undertaken to establish a consistent minus 6.0'
water depth. The "corner located at the confluence of Baker Creek and Boat Harbor
Canal will be excavated 40' landward to improve navigation in this area. The
excavation work in Baker Creek and Boat Harbor Canal will be accomplished with a
long reach excavator working from the canal bank. All unsuitable spoil material form
excavation activities will be hauled offsite by dump truck.
Prior to beginning the excavation of the canal banks, the proposed bulkhead will be
installed in the area of excavation. The bulkhead installation will facilitate as much as
possible, excavation of the uplands in the "dry". The bulkhead will also provide
erosion control containment of the disturbed areas landward of the bulkhead. A silt
fence will be installed once filling and grading activities associated with the backfilling
of the bulkhead have begun to level the area and cover the tie back rods.
The upland development has been designed to remove existing impervious surfaces
out of the Tar -Pamlico River Basin Buffer. The redevelopment of the uplands
maintains a 50' vegetated buffer off all surface waters except for the docks which will
be pervious, open and slated and the existing driveway entrance which will not be
expanded in the buffer. The bulkhead construction will maintain flat slopes and diffuse
flow through the 50' wide vegetated buffer. The proposed redevelopment proposal
will result in a reduction of existing impervious surface coverage with a net coverage
totaling 15.1 %.
Attach a site plan as applicable to the project:
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Buffer Auth_Plan.pdf 703.23KB
PDF only
5. Jurisdictional Determinations
5a. Have jurisdictional wetlands or stream determinations by the Corps or State been requested or obtained for this property/project
(including all prior phases) in the past?*
• Yes
No
5b. Who did the determination on the jurisdictional areas?
Who did the determination?
List name if known
Date
Attach

Agent/Consultant
Steve Trowel)
(Name if known)
06/22/2022
Tetterton Land
Development
PJD
Tearsheet.pdf
253....
Tetterton Land
Development
PJD
Tearsheet.pdf
253....
pdf only
*** Please include the date of the determination and upload a copy of the determination.
Comments:
6. Project History
6a. Have permits or certifications been requested or obtained for this project (including all prior phases) in the past? *
Yes
▪ No
7. Future Project Plans
7a. Is this project a phased project?*
C. Proposed Impacts Inventory
Buffer Impacts
O Yes
O No
Project is in which protected Basin?*
Neuse River Basin (15A NCAC 02B.0233)
Catawba River Basin (15A NCAC 02B.0243)
Randleman Lake Watershed (15A NCAC 02B.0250)
• Tar -Pamlico River Basin (15A NCAC 02B.0259)
Jordan Lake Watershed (15A NCAC 02B.0267)
Goose Creek Watershed (15A NCAC 02B.0606 & 15A NCAC 026.0607)
Individually list all buffer impacts below. If any impacts require mitigation, then you MUST fill out Section D of this form.
Site# - Reason
Stream Name
Buffer Impact*
Impact Type
Zone 1
Zone 2
Tract A
Map label (e.g. Road
Crossing 1)
Battalina
Creek
Permanent I
(P)
Perm or Temp
Allowable
1,752.
00
Square
Feet
0.00
Square
Feet
TractA
Map label (e.g. Road
Crossing 1)
Baker
Creek
Permanent
(P)
Perm or Temp
Allowable
1,476.
00
Square
Feet
0.00
Square
Feet
Tract A
Map label (e.g. Road
Crossing 1)
Boat Harbor
Canal
Permanent
(P)
Perm or Temp
Allowable
2,622.
00
Square
Feet
0.00
Square
Feet

Tract A
Map label (e.g. Road
Crossing 1)
Battalina
Creek
Temporary I
(T)
Perm or Temp
Allowable
5,840.
00
Square
Feet
0.00
Square
Feet
Tract A
Map label (e.g. Road
Crossing 1)
Baker
Creek
Temporary
(T)
Perm or Temp
Allowable
4,920.
00
Square
Feet
0.00
Square
Feet
Tract A
Map label (e.g. Road
Crossing 1)
Boat Harbor
Canal
Temporary
(T)
Perm or Temp
J
Allowable
8,740.
00
Square
Feet
0.00
Square
Feet
Total Zone 1 Impacts: 25,350.00
Total Zone 2 Impacts: 0.00
Total Buffer Impacts: 25,350.00
Comments:
The permanent impacts result from the proposed 6' wide dock around the perimeter
of Tract A. Docks are defined as a water dependent structure per the EMC rules
found in 15A BCAC 02B.020(59). Dock are an "Allowable" impact as found in the
"Table of Uses" found in 15A NCAC 02B.0734(11)(tt). Therefore the docks are shown
as allowable permanent impacts in the table above.
The temporary impacts result from the bulkhead construction including the tie back
and anchor system as a structural component of the bulkhead. The bulkhead will
disturb an area 20' wide from the bulkhead landward. The bulkhead design includes a
tie back rod to a 4' x 4' concrete anchor. The height of the bulkhead will be 18 inches
above the existing bank height to facilitate the installation of the tie back system. The
final grade of the disturbed area will maintain the existing flat topography of the
project site.
D. Impact Justification and Mitigation
1. Avoidance and Minimization
.................................................................................................................................
la. Specifically describe measures taken to avoid or minimize the proposed impacts in designing the project.
The upland development has been designed to remove existing impervious surfaces
out of the Tar -Pamlico River Basin Buffer. The redevelopment of the uplands
maintains a 50' vegetated buffer off all surface waters except for the docks which will
be pervious, open and slated and the existing driveway entrance which will not be
expanded in the buffer. The proposed parking area will utilize the area under the
proposed building therefore reducing the total area needed and resultant impervious
surface coverage. The remaining parking area outside the footprint of the building will
be gravel which will slow the rate of surface runoff from the parking area. The current
design eliminates vehicle and heavy equipment traffic in the buffer and the
associated soil compaction that has occurred from the previous uses of the property.
The bulkhead construction will maintain flat slopes and diffuse flow through the 50'
wide vegetated buffer that will be improved to include hardwood tree plantings. Live
oaks (Quercus virginiana) 25 gallons in size, will be planted in Zone 1 between and
just landward of the bulkhead tie back rods for a total of 50 trees to be planted in
Zone 1.The survival of the planted trees will be monitored and dead trees will be
removed and replaced. The proposed redevelopment proposal will result in a
reduction of existing impervious surface coverage with a net coverage totaling 15.1
%. If required, an application for a low -density stormwater plan will be submitted
under a separate cover. Once completed and prior to completion of the Major
CAMA/Dredge and Fill application review, an erosion control plan will be submitted to
DEMLR for approval.

lb. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques.
A long reach excavator will be used to undertake the excavation work to reduce
vehicular traffic in the buffer. Prior to beginning the excavation of the canal banks, the
proposed bulkhead will be installed in the to be excavated. The bulkhead installation
will facilitate as much as possible, excavation of the uplands in the "dry". This will
reduce spoil deposition resulting from wet mucky soils falling off the excavator bucket
into undisturbed areas in the buffer. The bulkhead will also provide erosion control
containment of the disturbed areas landward of the bulkhead. A silt fence will be
installed once filling and grading activities associated with the backfilling of the
bulkhead have begun to level the area and cover the tie back rods. The backfilling of
the bulkhead will be sequenced after all the excavation work is completed. A floating
sediment boom will be deployed in the canal to contain turbidity in the canal during
excavation activities.
The excavation activities will remove the vast amount of existing impervious and
compact soils. The bulkhead, tie back rod installation and backfill will serve to rip the
remaining compacted soil areas and to increase infiltration of diffuse stormwater flow
through the buffer.
E. Diffuse Flow Plan
la. What type of SCM are you providing?*
Level Spreader
Vegetated Conveyance (lower SHWT)
Wetland Swale (higher SHWT)
• Proposed project will not create concentrated stormwater flow through the buffer
Other SCM that removed minimum of 30% nitrogen
lc. Diffuse Flow Documentation
F. Supplementary Information
Environmental Documentation
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PDF only
la. Does the project involve an expenditure of public (federal/state/local) funds or the use of public (federal/state) land?
Yes
No
Violations
2a. Is the site in violation of DWR Wetland Rules (15A NCAC 02H .0500), Isolated Wetland Rules (15A NCAC 02H .1300), DWR Surface
Water or Wetland Standards, or Riparian Buffer Rules (15A NCAC 02B .0200)?
Yes
• No
2b. Is this an after -the -fact buffer authorization application?
Yes
• No
G. Additional Information
Please upload any additional information you would like the Division to consider during application review.
Additional Attachments: Click the upload button or drag and drop files here to attach document
PDF only
Additional Comments:

H. Sign and Submit
By digitally signing below, I certify that:
• I have given true, accurate, and complete information on this form;
o I agree that submission of this form is a "transaction" subject to Chapter 66, Article 40 of the NC General Statutes (the "Uniform Electronic Transactions
Act")
• I agree to conduct this transaction by electronic means pursuant to Chapter 66, Article 40 of the NC General Statutes (the "Uniform Electronic
Transactions Act");
o I understand that an electronic signature has the same legal effect and can be enforced in the same way as a written signature; AND
o I intend to electronically sign and submit the application form."
Print Name:* Steve Trowel)
Signature
Submission Date: (Auto populated field)

Initial Review
Is this accepted into the review process?* Yes No
Yes
• No
ID#* 20140275
Version:* 4
Select Reviewer: * Robert Tankard:eads\rbtankard
Select Reviewing Office* Washington Regional Office - [phone]
Is this project a public transportation project?*
Has payment been received?* • No Payment Needed
Fee Received
Need Fee - send electronic notification

N
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Town Belhaven Pantego Street
Beaufort County Quad Name: Belhaven
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Soil Map —Beaufort County, North Carolina
Map Unit Legend
Map Unit Symbol
Map Unit Name
Acres in AOI
Percent of AOI
Cu
Currituck muck, frequently
flooded
0.0
1.5%
Ur
Urban land
2.9
98.4%
W
Water
0.0
0.1 %
Totals for Area of Interest
3.0
100.0%
USDA Natural Resources Web Soil Survey 12/28/2021
Conservation Service National Cooperative Soil Survey Page 3 of 3

U.S. ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT
Action Id. SAW-2022-00416 County: Beaufort U.S.G.S. Quad: Belhaven
NOTIFICATION OF JURISDICTIONAL DETERNIINATION
Property Owner/Applicant: TXS Land Development, LLC
C/O Toby Tetterton
Address: Post Office Box 125
Pantego, North Carolina 27860
Telephone Number: 252-944-5555
Size (acres) 2.52-acres
Nearest Waterway Battalina Creek
USGS HUC 03020104
Nearest Town Belhaven
River Basin Tar -Pamlico
Coordinates Latitude: 35.538970 N
Longitude:-76.609767 W
Location description: Property is an approximate 2.52-acre tract located off Pantego Street, adjacent to Battalina Creek and
the Pungo River, in the Town of Belhaven, in Beaufort County, North Carolina. NC PIN: 7615-09-9675. Deed Book 2067.
Page 710. This determination confirms WA-1 through WA-6 and WB-1 through WB-11.
Indicate Which of the Following Apply:
A. Preliminary Determination
X There are waters of the U.S., including wetlands, on the above described property that maybe subject to Section 404 of
the Clean Water Act (CWA)(33 USC § 1344) and/or Section 10 of the Rivers and Harbors Act (RHA) (33 USC § 403).
The waters have been delineated, and the delineation has been verified by the Corps to be sufficiently accurate and
reliable. Therefore this preliminary jurisdiction determination may be used in the permit evaluation process, including
determining compensatory mitigation. For purposes of computation of impacts, compensatory mitigation requirements,
and other resource protection measures, a permit decision made on the basis of a preliminary JD will treat all waters and
wetlands that would be affected in any way by the permitted activity on the site as if they are jurisdictional waters of the
U.S. This preliminary determination is not an appealable action under the Regulatory Program Administrative Appeal
Process (Reference 33 CFR Part 331). However, you may request an approved JD, which is an appealable action, by
contacting the Corps district for further instruction.
_ There are wetlands on the above described property, that may be subject to Section 404 of the Clean Water Act
(CWA)(33 USC § 1344) and/or Section 10 of the Rivers and Harbors Act (RHA) (33 USC § 403). However, since the
waters, including wetlands, have not been properly delineated, this preliminary jurisdiction determination may not be
used in the permit evaluation process. Without a verified wetland delineation, this preliminary determination is merely an
effective presumption of CWA/RHA jurisdiction overall of the waters, including wetlands, at the project area, which is
not sufficiently accurate and reliable to support an enforceable permit decision. We recommend that you have the
waters of the U.S. on your property delineated. As the Corps may not be able to accomplish this wetland delineation in a
timely manner, you may wish to obtain a consultant to conduct a delineation that can be verified by the Corps.
B. Approved Determination
_ There are Navigable Waters of the United States within the above described property subject to the permit requirements of
Section 10 of the Rivers and Harbors Act (RHA) (33 USC § 403) and Section 404 of the Clean Water Act (CWA)(33 USC
§ 1344). Unless there is a change in 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.
There are waters of the U.S., including wetlands, on the above described 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 five years from the date of this notification.
We recommend you have the waters of the U.S. on your property delineated. As the Corps may not be able to
accomplish this wetland delineation in a timely manner, you may wish to obtain a consultant to conduct a delineation that
can be verified by the Corps.
Page 1 of 5

SAW-2022-00416 TXS Land Development, LLC
_ The waters of the U.S., including wetlands, on your project area have been delineated and the delineation has been
verified by the Corps. If you wish to have the delineation surveyed, the Corps can review and verify the survey upon
completion. Once verified, this survey will provide an accurate depiction of all areas subject to CWA and/or RHA
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 waters of the U.S., including wetlands, have been delineated and surveyed and are accurately depicted on the plat
signed by the Corps Regulatory Official identified below on Date. Unless there is a change 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.
_ 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
published regulations, this determination may be relied upon for a period not to exceed five years from the date of this
notification.
X 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.
Placement of dredged or fill material within waters of the US, including wetlands, without a Department of the Army permit
may constitute a violation of Section 301 of the Clean Water Act (33 USC § 1311). Placement of dredged or fill material,
construction or placement of structures, or work within navigable waters of the United States without a Department of the
Army permit may constitute a violation of Sections 9 and/or 10 of the Rivers and Harbors Act (33 USC § 401 and/or 403). If
you have any questions regarding this determination and/or the Corps regulatory program, please contact Raleigh W. Bland,
SPWS at [phone] or Raleigh.w.bland(&usace.army.mil.
C. Basis For Determination: The identified waters and wetlands on this site meets the jurisdictional criteria as
described in the 1987 Corps Wetland Delineation Manual and the Atlantic and Gulf Coastal Plain Regional
Supplement. The jurisdictional waters are a part of a broad continium of waters and wetlands connected to
Battalina Creek and the Pungo River.
D. Remarks: A Department of the Army permit is required to work within any jurisdictional waters or
wetlands on the property.
E. Attention USDA Program Participants
This delineation/determination has been conducted to identify the limits of Corps' Clean Water Act jurisdiction for the
particular site identified in this request. The delineation/determination may not be valid for the wetland conservation
provisions of the Food Security Act of 1985. If you or your tenant are USDA Program participants, or anticipate participation
in USDA programs, you should request a certified wetland determination from the local office of the Natural Resources
Conservation Service, prior to starting work.
F. Appeals Information (This information applies only to approved jurisdictional determinations as indicated in
B. above)
This correspondence constitutes an approved jurisdictional determination 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
Notification 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:
US Army Corps of Engineers
South Atlantic Division
60 Forsyth Street SW, Room 10M15
Atlanta, Georgia 30303-8801
In order for an RFA to be accepted by the Corps, the Corps must determine that it is complete, that it meets the criteria for
appeal under 33 CFR part 331.5, and that it has been received by the Division 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 NA for PJD.
**It is not necessary to submit an RFA form to the Division Office if you do not object to the determination in this
correspondence.
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SAW-2022-00416 TJ'S Land Development, LLC
Corps Regulatory Official:)
Date: June 22, 2022 Expiration Date: No Expiration for PJD
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 our Customer Satisfaction Survey, located online at
hlt2://colpsmqpu.usace.army.mil/cm qpex/Pp=l36 * 0.
Copy Furnished: CESAW/RG-W/Bland
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SAW-2022-00416 TJ'S Land Development, LLC
lirCATIO70F
ADMINISTRATIVE APPEAL OPTIONS AND PROCESS AND
REQUEST FOR APPEAL AL
r
Applicant: TJ'S Land Development, LLC
File Number: SAW 2022-00416
June 22, 2022
Attached is:
See Section below
❑
INITIAL PROFFERED PERMIT Standard Permit or Letter ofpermission)
A
❑
PROFFERED PERMIT Standard Permit or Letter ofpermission)
B
❑
PERMIT DENIAL
C
❑
APPROVED JURISDICTIONAL DETERMINATION
D
®
PRELIMINARY JURISDICTIONAL DETERMINATION
E
SECTION I - The following identifies your rights and options regarding an administrative appeal of the above decision.
Additional information may be found at http://www.usace.army.mil/Missions/CivilWorks/RegulatoryProgramandPermits.aspx or
Corps regulations at 33 CFR Part 331.
A: INITIAL PROFFERED PERMIT: You 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 Permission (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 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 may: (a) modify the permit 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. 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 or appeal 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 Permission (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.
• 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 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.
C: PERMIT DENIAL: You may appeal the denial of a permit 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.
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 60 days of the
date of this notice, means that you accept the approved JD in its entirety, and waive all rights to appeal the approved JD.
• APPEAL: If you disagree with the approved JD, 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 district engineer. This form
must be received by the division engineer within 60 days of the date of this notice.
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SAW-2022-00416 TJ'S Land Development, LLC
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 may be appealed),
by contacting the Corps district for further instruction. Also you may provide new information for further consideration by the
Corps to reevaluate the JD.
SECTION II - REQUEST FOR APPEAL or OBJECTIONS TO AN INITIAL PROFFERED PERMIT
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 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 already in the administrative
record.
POINT OF CONTACT FOR QUESTIONS OR INFORMATION:
If you have questions regarding this decision and/or the
If you only have questions regarding the appeal process you may
appeal process you may contact:
also contact:
District Engineer, Wilmington Regulatory Division,
Mr. Philip A, Shannin, Administrative Appeal Review Officer
Attn: Raleigh W. Bland, SPWS
CESAD-PDS-O
2407 West 5th Street
U.S. Army Corps of Engineers, South Atlantic Division
Washington, North Carolina 27889
60 Forsyth Street Southwest, Floor M9
910-252-4558
Atlanta, Georgia 30303-8803
Phone: [phone]
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 appeal process. You will be provided a 15 day
notice of any site investigation, and will have the opportuni to participate in all site invest] ations.
Date:
Telephone number:
Signature of appellant or agent.
For appeals on Initial Proffered Permits send this form to:
District Engineer, Wilmington Regulatory Division, Raleigh W. Bland, SPWS, 2407 West 5th Street
Washington, North Carolina 27889
For Permit denials, Proffered Permits and approved Jurisdictional Determinations send this form to:
Division Engineer, Commander, U.S. Army Engineer Division, South Atlantic, Administrative Appeal Officer,
CESAD-PDO, 60 Forsyth Street, Room 10M15, Atlanta, Georgia 30303-8801
Phone: [phone]
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