HomeMy WebLinkAbout20230487 Ver 1_USACE Permit_20230629U.S. ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT
Action Id. SAW-2023-00711 County: Guilford U.S.G.S. Quad: NC -Guilford
GENERAL PERMIT (REGIONAL AND NATIONWIDE) VERIFICATION
Permittee: Colonial Pipeline Company
Attn: Kyle Bovan
Address: 411 Gallimore Dairy Road
Greensboro, NC 27409
E-mail: KDBovanAcolpipe.com
Size (acres) —48 Nearest Town Greensboro
Nearest Waterway UT East Fork Deep River River Basin Cape Fear
USGS HUC 03030003 Coordinates 36.0664031,-79.9469589
Location description: The pro*ect area is located on the north side of Chimney Rock Road, approximately 0.3 mile east of its
intersection with Gallimore Dairy Road, at the Colonial Pipeline Companv Greensboro Junction Facilitv in Greensboro.
Guilford County, North Carolina.
Description of projects area and activity: This verification authorizes the permanent discharge of fill material into 0.243 acre of
riparian non-riverine wetlands, and the temporary discharge of dredged material into 0.063 acre of riparian non-riverine
wetlands (resulting in the permanent conversion of 0.018 acre of forested to herbaceous wetlands). These impacts are
necessary for the construction of access and infrastructure for a butane truck offload terminal and associated pipeline at the
Colonial Pipeline Company Greensboro Junction Facili
Applicable Law(s): ® Section 404 (Clean Water Act, 33 USC 1344)
❑ Section 10 (Rivers and Harbors Act, 33 USC 403)
Authorization: Nationwide Permit 12.Oil or Gas Pipeline Activities
SEE ATTACHED NWP GENERAL, REGIONAL, AND/OR SPECIAL CONDITIONS
Your work is authorized by the above referenced permit provided it is accomplished in strict accordance with the attached
Conditions, your application signed and dated 4/3/2023, additional information received via email on 5/24/2023, and the enclosed
plans "Greensboro Junction Butane Truck Offload Proposed Site Plan" (Sheet 7-GBJ-C102), "Typical Prefabricated Mat
Crossing for Wetlands", "Typical Trench Box Installation", and "Wetland Re -vegetation List." Any violation of the attached
conditions or deviation from your submitted plans may subject the permittee to a stop work order, a restoration order, a Class
I administrative penalty, and/or appropriate legal action.
This verification will remain valid until the expiration date identified below unless the nationwide and/or regional general permit
authorization is modified, suspended or revoked. If, prior to the expiration date identified below, the nationwide and/or regional general
permit authorization is reissued and/or modified, this verification will remain valid until the expiration date identified below, provided
it complies with all requirements of the modified nationwide permit. If the nationwide and/or regional general permit authorization
expires or is suspended, revoked, or is modified, such that the activity would no longer comply with the terms and conditions of the
nationwide permit, activities which have commenced (i.e., are under construction) or are under contract to commence in reliance upon
the nationwide and/or regional general permit, will remain authorized provided the activity is completed within twelve months of the
date of the nationwide and/or regional general permit's expiration, modification or revocation, unless discretionary authority has been
exercised on a case -by -case basis to modify, suspend or revoke the authorization.
Activities subject to Section 404 (as indicated above) may also require an individual Section 401 Water Quality Certification. You
should contact the NC Division of Water Resources (telephone 919-807-6300) to determine Section 401 requirements.
For activities occurring within the twenty coastal counties subject to regulation under the Coastal Area Management Act (CAMA), prior
to beginning work you must contact the N.C. Division of Coastal Management.
This Department of the Army verification does not relieve the permittee of the responsibility to obtain any other required Federal, State
or local approvals/permits. If there are any questions regarding this verification, any of the conditions of the Permit, or the Corps of
Engineers regulatory program, please contact David E. Bailey at 919 81772436 or David.E.Bailey2(&usace.army.mil.
Corps Regulatory Official: '-6 Date: 06/29/2023
Expiration Date of Verification: 3/14/2026
SAW-2023-00711
SPECIAL CONDITIONS
1. In order to compensate for impacts associated with this permit, mitigation shall be provided in
accordance with the provisions outlined on the most recent version of the attached Compensatory
Mitigation Responsibility Transfer Form. The requirements of this form, including any special
conditions listed on this form, are hereby incorporated as special conditions of this permit
authorization.
2. Temporary discharges of excavated or fill material into wetlands must be for the absolute
minimum period of time necessary to accomplish the work, and such authorized crossings must be
constructed, restored, and seeded per the project description in the PCN and details provided on
the enclosed "Typical Prefabricated Mat Crossing for Wetlands", "Typical Trench Box
Installation", and "Wetland Re -vegetation List" detail sheets.
3. Please note that future impacts and/or phases of the Colonial Pipeline Company (CPC)
Greensboro Junction Facility, and related activities associated with Corps Action IDs: SAW-2023-
00711, may be considered part of a single and complete project; these impacts may be considered
cumulative with impacts authorized during earlier phases with respect to compensatory
mitigation and Nationwide Permit thresholds. Current cumulative impacts to waters of the US for
the CPC Greensboro Junction Facility single and complete project include a total loss of 0.243
acre of wetlands/potential waters of the US.
Corps Regulatory Official: Date: 06/29/2023
Expiration Date of Verification: 3/14/2026
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 https://re ug latory.ops.usace.gM.mil/customer-service-survey/.
Copy furnished electronically:
Michael Barfield, Corblu Ecology Group, LLC, mbarfieldgcorblu.com
Seren Homer, NCDEQ-DWR, seren.homer(&ncdenr.gov
Rebecca Chandler, NCDEQ-DWR, rebecca.chandlergncdenr.gov
Compensatory Mitigation Responsibility Transfer Form
Permittee: Colonial Pipeline Company, Attn: Kyle Boyan Action ID: SAW-2023-00711
Project Name: Colonial Pipeline Company / Greensboro Junction Facility / Butane Truck Offload Terminal and pipeline County: Guilford
Instructions to Permittee: The Permittee must provide a copy of this form to the Mitigation Sponsor, either an approved Mitigation
Bank or the North Carolina Division of Mitigation Services (NCDMS), who will then sign the form to verify the transfer of the mitigation
responsibility. Once the Sponsor has signed this form, it is the Permittee's responsibility to ensure that Wilmington District Project
Manager identified on page two is in receipt of a signed copy of this form before conducting authorized impacts, unless otherwise
specified below. If more than one Mitigation Sponsor will be used to provide the mitigation associated with the permit, or if the
impacts and/or the mitigation will occur in more than one 8-digit Hydrologic Unit Code (HUC), multiple forms will be attached to the
permit, and the separate forms for each Sponsor and/or HUC must be provided to the appropriate Mitigation Sponsors.
Instructions to Sponsor: The Sponsor verifies that the mitigation requirements (credits) shown below have been released and are
available at the identified site. By signing below, the Sponsor is accepting full responsibility for the identified mitigation, regardless of
whether they have received payment from the Permittee. Once the form is signed, the Sponsor must update the bank ledger and
provide a copy of the signed form and the updated ledger to the Permittee, the Project Manager who issued the permit, the Bank
Project Manager, and the District Mitigation Office (see contact information on page 2). The Sponsor must also comply with all
reporting requirements established in their authorizing instrument.
Permitted Impacts and Compensatory Mitigation Requirements:
Permitted Impacts Requiring Mitigation* 8-digit HUC and Basin: 03030003, Cape Fear River Basin
Stream Impacts (linear feet)
Wetland Impacts (acres)
Warm
Cool
Cold
Riparian Riverine
Riparian Non-Riverine
Non -Riparian
Coastal
0.261
*If more than one mitigation sponsor will be used for the permit, only include impacts to be mitigated by this sponsor.
Compensatory Mitigation Requirements: 8-digit HUC and Basin: 03030003, Cape Fear River Basin
Stream Mitigation (credits)
Wetland Mitigation (credits)
Warm
Cool
Cold
Riparian Riverine
Riparian Non-Riverine
Non -Riparian
Coastal
0.504
Mitigation Site Debited: NCDMS
(List the name of the bank to be debited. For umbrella banks, also list the specific site. For NCDMS, list NCDMS. If the NCDMS
acceptance letter identifies a specific site, also list the specific site to be debited).
Section to be completed by the Mitigation Sponsor
Statement of Mitigation Liability Acceptance: I, the undersigned, verify that I am authorized to approve mitigation transactions for
the Mitigation Sponsor shown below, and I certify that the Sponsor agrees to accept full responsibility for providing the mitigation
identified in this document (see the table above), associated with the USACE Permittee and Action ID number shown. I also verify
that released credits (and/or advance credits for NCDMS), as approved by the Wilmington District, are currently available at the
mitigation site identified above. Further, I understand that if the Sponsor fails to provide the required compensatory mitigation, the
USACE Wilmington District Engineer may pursue measures against the Sponsor to ensure compliance associated with the mitigation
requirements.
Mitigation Sponsor N
Name of Sponsor's Authorized Representative:
Signature of Sponsor's Authorized Representative Date of Signature
Conditions for Transfer of Compensatory Mitigation Credit:
• Once this document has been signed by the Mitigation Sponsor and the District is in receipt of the signed form, the Permittee is
no longer responsible for providing the mitigation identified in this form, though the Permittee remains responsible for any other
mitigation requirements stated in the permit conditions.
• Construction within jurisdictional areas authorized by the permit identified on page one of this form can begin only after the
District is in receipt of a copy of this document signed by the Sponsor, confirming that the Sponsor has accepted responsibility for
providing the mitigation requirements listed herein. When NCDMS provides mitigation for authorized impacts conducted by the
North Carolina Department of Transportation (NCDOT), construction within jurisdictional areas may proceed upon permit
issuance; however, a copy of this form signed by NCDMS must be provided to the District within 30 days of permit issuance.
NCDOT remains fully responsible for the mitigation until the District has received this form, confirming that the Sponsor has
accepted responsibility for providing the mitigation requirements listed herein.
• Signed copies of this document must be retained by the Permittee, Mitigation Sponsor, and in the USACE administrative records
for both the permit and the Bank/ILF Instrument. It is the Permittee's responsibility to ensure that the District Project Manager
(address below) is provided with a signed copy of this form.
• If changes are proposed to the type, amount, or location of mitigation after this form has been signed and returned to the District,
the Sponsor must obtain case -by -case approval from the District Project Manager and/or North Carolina Interagency Review Team
(NCIRT). If approved, higher mitigation ratios may be applied, as per current District guidance and a new version of this form must
be completed and included in the District administrative records for both the permit and the Bank/ILF Instrument.
Comments/Additional Conditions:
• A letter from NCDMS, confirming they are willing and able to accept the applicant's compensatory mitigation responsibility,
dated 5/18/2023 was included with the preconstruction notification.
• The wetland credits required correspond to 0.243 acre of direct impacts at 2:1 and 0.018 acre of reduction of wetland
function at 1:1.
This form is not valid unless signed below by the District Project Manager and by the Mitigation Sponsor on Page 1. Once signed, the
Sponsor should provide copies of this form along with an updated bank ledger to: 1) the Permittee, 2) the District Project Manager
at the address below, 3) the Bank Manager listed in RIBITS, and 4) the Wilmington District Mitigation Office, 3331 Heritage Trade
Drive, Suite 105, Wake Forest, NC 27587 (or by email to SAWMIT@usace.army. mil). Questions regarding this form or any of the
permit conditions may be directed to the District Mitigation Office.
USACE Project Manager: David E. Bailey
USACE Field Office: Raleigh Regulatory Office
US Army Corps of Engineers
3331 Heritage Trade Drive, Suite 105
Wake Forest, North Carolina 27587
Email: David.E.Bailey2@usace.army.mil
L/, 6 /� �-
USACE Project Manager Signature
06/29/2023
Date of Signature
Current Wilmington District mitigation guidance, including information on mitigation ratios, functional assessments, and mitigation
bank location and availability, and credit classifications (including stream temperature and wetland groupings) is available at
http://ribits.usace.army.mi1.
1 1 2 � 3 � 4 � 5 � 6 � 7 � 8 � 9 � 10 1 1 1 1 12
PROPOSED SITE PLAN
SCALE: 1" = 200'
INTERMITTENT STREAM 12
N/A
N/A
PERENNIAL STREAM P1
N/A
N/A
� EE I EEGLIN D
SHEET NOTES:
1. THIS SHEET IS PART OF A MULTI -DISCIPLINE, MULTI -SHEET
PROPERTY LINE / ROW SET OF CONSTRUCTION PLANS AND SHALL BE READ AND
COORDINATED WITH THE FULL SET TO BEST ENSURE PROPER
INTERPRETATION.
CONTOURS BOUNDARY & TOPOGRAPHICAL SURVEY PERFORMED
BY: TRAVIS ABEL, PLS; 230 HILLIARD AVE ASHEVILLE, NC
WETLAND 28801 828-699-3954 ENCOMPASS LLC, DATED APRIL 12,
2022
2. PLANS PREPARED USING THE FOLLOWING STATE PLANE
COORDINATE SYSTEM. HORIZONTAL: NAD83 (2011)
(EPOCH:2010.0000), VERTICAL: NAVD 88
Q INSET A
UJ SCALE: 1" = 50' 0 25' 50' 100, 150'
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SCALE: 1" = 40'
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0 20' 40' 80' 120'
PROM
3500 Parkway Lane, Suite 500
Peachtree Corners, GA 30092
Phone (678) 336-7740
Fax (678) 336-7744
JOB NO. 1220843
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REVISIONS
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REVISIONS
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FOR REVIEW
ISSUED FOR REVIEW
REVISIONS
63337
63337
AFE
POND
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BY
05/2023
12/2022
DATE I
COLONIAL PIPELINE COMPANY
GEORGIA
SCALE
PLAN: 1" = 200'-0"
DETAILS: N/A
AALPHARETTA,
GREENSBORO JUNCTION
BUTANE TRUCK OFFLOAD
PROPOSED SITE PLAN
FILE NO: 7—GBJ—C101
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DESIGN: HS
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DRAWN: VN
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DATE: 05/17/2023
7 GBJ C102
ISHEET 1 OF 1
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REFERENCES
IREFERENCES
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Information contained herein is SECURITY SENSITIVE MATERIAL and should not be reproduced or distributed in any form without written permission from Colonial.
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Typical
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Colonial Pipeline Company
Alpharetta, Georgia
6(.,D)
Struts
Existing Pipeline
Knife Edge
Notes:
Side�all
Sidewall
Trench Box
1. The excavated area between the outside of the trench box and the face
of the trench should be as small as possible.
2. The space between the trench box and the excavation sides shall be
backfilled to prevent lateral movement of the box.
3. Shields may not be subject to loads exceeding those which the system
was design to withstand. Contractor is responsible for verification and
compliance with manufacturer specifications.
4. Trench Box installation shall conform to OSHA Standards.
n inee ing Temporary Shoring - Shielding
Typical Trench Box
Stream. Installation
Aestorativn
Civil Engineering and Land Surveying www.Engineering303.com Phone: 770-442-0500 Page 1
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Wetland Re -vegetation List
Colonial Pipeline Company — Greensboro Junction Butane Truck Offload Corblu Project No. 02-041901-839 — Guilford Co. NC
CPC proposes to re -vegetate the portion of forested wetland proposed for conversion to emergent and
the temporarily disturbed emergent portion of W2 with Roundstone Seed Southern Wetland Meadow
Mix No. 129. This seed mix is comprised of nine native grass and sedge species and sixteen wildflower
species as outlined in the table below and does not contain any species listed on the North Carolina
Invasive Plant List. The seed will be applied at the recommended rate of 4.2-6.0 PLS pounds/acre.
Roundstone Southern Wetland Meadow Mix (Mix 129)
Common Name
Botanical Name
PLS Oz.
Virginia Wild Rye
Elymus virginicus
3.75
Broomsedge
Andropogon virginicus
0.313
Deer Tongue Grass
Panicum clandestinum
3
Upland Bentgrass
Agrostis perennans
0.25
Red Top Panicum
Panicum rigidulum
0.625
Nodding Sedge
Carex crinita
0.375
Hop Sedge
Carex lupulina
0.375
Shallow Sedge
Carex lurida
0.875
Path Rush
Juncus tenuis
0.188
Wool Grass
Scirpus cyperinus
0.25
Virginia Mountain Mint
Pycnanthemum virginianum
0.075
Smooth Beardtongue
Penstemon digitalis
0.197
Ohio Spiderwort
Tradescantia ohiensis
0.403
Spiked Blazing Star
Liatris spicata
0.932
Cup Plant
Silphium perfoliatum
0.169
Seed Box
Ludwigia alternifolia
0.158
Blue Vervain
Verbena hastata
0.371
Swamp Milkweed
Asclepias incarnata
0.38
Showy Tickseed
Bidens aristosa
1.157
Joe-Pye Weed
Eupatorium fistulosum
0.177
Sneezeweed
Helenium autumnale
0.177
Monkey Flower
Mimulus ringens
0.032
Iron Weed
Vernonia altissima
0.554
Yellow Wingstem
Verbesina alternifolia
0.846
https://roundstoneseed.com/wetland-mixes/1034-wetland-meadow-mix.html
Action ID Number: SAW-2023-00711 County: Guilford
Permittee: Colonial Pipeline Company, Attn: Kyle Boyan
Project Name: Colonial Pipeline Company / Greensboro Junction Facility / Butane Truck Offload
Terminal and pipeline
Date Verification Issued: 06/29/2023
Project Manager: David E. Bailey
Upon completion of the activity authorized by this permit and any mitigation required by the permit,
sign this certification and return it to the following address:
US ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT
Attn: David E. Bailey
Raleigh Regulatory Office
U.S Army Corps of Engineers
3331 Heritage Trade Drive, Suite 105
Wake Forest, North Carolina 27587
or
David.E.Bailey2@usace.army.mil
Please note that your permitted activity is subject to a compliance inspection by a U. S. Army Corps of
Engineers representative. Failure to comply with any terms or conditions of this authorization may
result in the Corps suspending, modifying or revoking the authorization and/or issuing a Class I
administrative penalty, or initiating other appropriate legal action.
I hereby certify that the work authorized by the above referenced permit has been completed in
accordance with the terms and condition of the said permit, and required mitigation was completed in
accordance with the permit conditions.
Signature of Permittee
Date
A. Determination of Jurisdiction:
1. ® There are waters, including wetlands on the above -described project area 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). 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. Please note, if work is authorized by either a general or nationwide permit, and
you wish to request an appeal of an approved JD, the appeal must be received by the Corps and the appeal process
concluded prior to the commencement of any work in waters of the United States and prior to any work that could alter
the hydrology of waters of the United States.
2. ❑ There are Navigable Waters of the United States within the above described project area 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). This determination may be relied upon for a period not to exceed five years from the date of this notification, provided
there is no change in law or our published regulations or new information that warrants revision of this determination.
3. ❑ There are waters, including wetlands within the above described project area that are subject to the permit requirements of
Section 404 of the Clean Water Act (CWA) (33 USC § 1344). This determination may be relied upon for a period not to exceed
five years from the date of this notification, provided there is no change in law or our published regulations or new information
that warrants revision of this determination.
4. A jurisdiction determination was not completed with this request. Therefore, this is not an appealable action. However, you may
request an approved JD, which is an appealable action, by contacting the Corps for further instruction.
5. ❑ The jurisdictional areas within the above described project area have been identified under a previous action. Please reference
jurisdictional determination issued _. Action ID: _.
B. Basis For Determination: See the preliminary jurisdictional determination form dated 06/29/2023.
C. Remarks:
D. 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.
E. Appeals Information for Approved Jurisdiction Determinations (as indicated in A2 and A3 above).
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
Attn: Philip Shannin, Appeal Review Officer
60 Forsyth Street SW, Room M9
Atlanta, Georgia 30303-8801
Phone: (404) 562-5136
AND
Philip. a. shannin(a)usace. army. mil
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 Not applicable.
It is not necessary to submit an RFA form to the Division Office if you do not object to the determination in this
correspondence.
Corps Regulatory Official:
David E. Bailey
Date of JD: 06/29/2023 Expiration Date of JD: Not applicable
NOTIFICATION OF ADMINISTRATIVE APPEAL OPTIONS AND PROCESS AND
REQUEST FOR APPEAL
Applicant: Colonial Pipeline Company (Attn: Kyle
File Number: SAW-2023-00711
Date: 06/29/2023
Bo an
Attached is.
See Section below
❑
INITIAL PROFFERED PERMIT (Standard Permit or Letter of permission)
A
❑
PROFFERED PERMIT (Standard Permit or Letter of permission)
B
❑
PERMIT DENIAL WITHOUT PREJUDICE
C
❑
PERMIT DENIAL WITH PREJUDICE
D
❑
APPROVED JURISDICTIONAL DETERMINATION
E
❑x
PRELIMINARY JURISDICTIONAL DETERMINATION
F
SECTION I
The following identifies your rights and options regarding an administrative appeal of the above decision.
Additional information may be found at https://www.usace.army.mil/Missions/Civil-Works/Regulatory-
Program-and-Permits/appeals/ 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. 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 WITHOUT PREJUDICE: Not appealable
You received a permit denial without prejudice because a required Federal, state, and/or local
authorization and/or certification has been denied for activities which also require a Department of the
Army permit before final action has been taken on the Army permit application. The permit denial without
prejudice is not appealable. There is no prejudice to the right of the applicant to reinstate processing of
the Army permit application if subsequent approval is received from the appropriate Federal, state, and/or
local agency on a previously denied authorization and/or certification.
D: PERMIT DENIAL WITH PREJUDICE: You may appeal the 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.
E: APPROVED JURISDICTIONAL DETERMINATION: You may accept or appeal the approved JD or
provide new information for reconsideration
• 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 division engineer. This form must be received by the division engineer within 60 days of the date of
this notice.
• RECONSIDERATION: You may request that the district engineer reconsider the approved JD by
submitting new information or data to the district engineer within 60 days of the date of this notice. The
district will determine whether the information submitted qualifies as new information or data that
justifies reconsideration of the approved JD. A reconsideration request does not initiate the appeal
process. You may submit a request for appeal to the division engineer to preserve your appeal rights
while the district is determining whether the submitted information qualifies for a reconsideration.
F: PRELIMINARY JURISDICTIONAL DETERMINATION: Not appealable
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.
POINT OF CONTACT FOR QUESTIONS OR INFORMATION:
If you have questions regarding this decision you
If you have questions regarding the appeal process,
may contact:
or to submit your request for appeal, you may
District Engineer, Wilmington Regulatory Division
contact:
Attn: David E. Bailey
Philip Shannin
Raleigh Regulatory Office
Regulatory Appeals Review Officer
U.S Army Corps of Engineers
South Atlantic Division
3331 Heritage Trade Drive, Suite 105
60 Forsyth St SW, Floor M9
Wake Forest, North Carolina 27587
Atlanta, Georgia 30303-8803
Philip.A.Shannin2(a)usace.army.mil
404-562-5136
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. Use additional pages as necessary.
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.
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 opportunity to
participate in all site investigations.
Date:
Signature of appellant or agent.
Email address of appellant and/or agent:
Telephone number: