HomeMy WebLinkAbout20221617 Ver 2_USACE Permit_20240417DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
69 DARLINGTON AVENUE
WILMINGTON, NORTH CAROLINA 28403-1343
April 17, 2023
Regulatory Division
Action ID- SAW-2017-00326
Eastfield Associates LLC
Attn- Kevin Dougherty
101 South Raeford Street, Suite 200
Selma, North Carolina 27576
kmd@adventuredev.com
Dear Mr. Dougherty:
In accordance with your written request of August 16, 2023, and the ensuing
administrative record, enclosed is a copy of a permit to permanently discharge fill
material into 2.594 ac of wetlands and 0. 174 ac (299 linear feet [If]) of stream channel
(0. 154 [267 If] of which is considered a loss of stream channel) associated with the
Eastfield Crossing project located in Selma, Johnston County, North Carolina.
Any deviation in the authorized work will likely require modification of this permit. If
any change in the authorized work is necessary, you should promptly submit revised
plans to the Corps showing the proposed changes. You may not undertake the
proposed changes until the Corps notifies you that your permit has been modified.
Carefully read your permit. The general and special conditions are important. Your
failure to comply with these conditions could result in a violation of Federal law. Certain
significant general conditions require that:
a. You must complete construction before December 31, 2029.
b. You must notify this office in advance as to when you intend to commence and
complete work.
c. You must allow representatives from this office to make periodic visits to your
worksite as deemed necessary to assure compliance with permit plans and
conditions.
You should address all questions regarding this authorization to contact Matthew
K. Martin at the Raleigh Regulatory Field Office, telephone (984) 800-3741 or via email
at matthew. k. martino_usace. army. m il.
Sincerely,
for Tommy Fennel
Chief, Regulatory Division
Wilmington District
Enclosures
E-Copy Furnished w/attachments:
Jeff Harbour, Terracon, meff.harbour(a)-terracon.com
Todd Bowers, U.S. Environmental Protection Agency, bowers.todd(a)-epa.gov
Sue Homewood, North Carolina Division of Water Resources,
sue. homewood(a)deg. nc.gov
DocuSign Envelope ID: 253AOC6 E-219A-4E6D-9 E E9-E BAD E46D23F3
DEPARTMENT OF THE ARMY PERMIT
Permittee EASTFILED ASSOCAITES, LLC
ATTN: KEVIN DOUGHERTY
Permit No. SAW-2017-00326
issuing office CESAW-RG-R
NOTE: The term "you" and its derivatives, as used in this permit, means the permittee or any future transferee. The
term "this office" refers to the appropriate district or division office of the Corps of Engineers having jurisdiction over
the permitted activity or the appropriate official of that office acting under the authority of the commanding officer.
You are authorized to perform work in accordance with the terms and conditions specified below.
Project Description: The project involves construction of Eastfield Crossing consisting of the construction of
an approximately 3.0 million square foot (sf) master planned, mixed -use development comprised of a
business park, retail, medical, professional space, hospitality, entertainment, as well as senior facilities. The
project involves the permanent discharge of fill material into 2.594 ac of wetlands and 0.174 ac (299 linear
feet [if]) of stream channel (0.154 [267 If] of which is considered a loss of stream channel).
Project Location: The project area is located on 1-95 at exits 97 and 98 (Selma) in Johnston County, Highway
70, the future Interstate 42. The project is at the following Johnston County Parcels 261414-44-8357,
261415-54-2264, 261400-85-4264, 261414-44-1722, 261410-35-0334, 261414-44-2076, 261414-44-3584, 261400-
76-9163, 261414-34-8688, 261414-34-1945, 261414-43-9847, 261410-45-9343, 261414-34-7204, 261414-43-
6975, 261400-73-9709, 261414-44-0124, 261414-43-5929, and 261410-45-2835.
Permit Conditions:
General Conditions:
1. The time limit for completing the work authorized ends on December 31, 2029, If you find that you need more
time to complete the authorized activity, submit your request for a time extension to this office for consideration at
least one month before the above date is reached.
2. You must maintain the activity authorized by this permit in good condition and in conformance with the terms and
conditions of this permit. You are not relieved of this requirement if you abandon the permitted activity, although you
may make a good faith transfer to a third party in compliance with General Condition 4 below. Should you wish to
cease to maintain the authorized activity or should you desire to abandon it without a good faith transfer, you must
obtain a modification of this permit from this office, which may require restoration of the area.
3. If you discover any previously unknown historic or archeological remains while accomplishing the activity
authorized by this permit, you must immediately notify this office of what you have found. We will initiate the Federal
and state coordination required to determine if the remains warrant a recovery effort or if the site is eligible for listing
in the National Register of Historic Places.
4. If you sell the property associated with this permit, you must obtain the signature of the new owner in the space
provided and forward a copy of the permit to this office to validate the transfer of this authorization.
5. If a conditioned water quality certification has been issued for your project, you must comply with the conditions
specified in the certification as special conditions to this permit. For your convenience, a copy of the certification is
attached if it contains such conditions.
ENG FORM 1721, Nov 86 EDITION OF SEP 82 IS OBSOLETE. (33 CFR 325 (Appendix A))
DocuSign Envelope ID: 253AOC6 E-219A-4E6D-9 E E9-E BAD E46D23F3
6. You must allow representatives from this office to inspect the authorized activity at any time deemed necessary
to ensure that it is being or has been accomplished in accordance with the terms and conditions of your permit.
Special Conditions:
SEE ATTACHED SPECIAL CONDITIONS
Further Information:
1. Congressional Authorities: You have been authorized to undertake the activity described above pursuant to:
( ) Section 10 of the Rivers and Harbors Act of 1899 (33 U.S.C. 403).
(X) Section 404 of the Clean Water Act (33 U.S.C. 1344).
( ) Section 103 of the Marine Protection, Research and Sanctuaries Act of 1972 (33 U.S.C. 1413).
2. Limits of this authorization.
a. This permit does not obviate the need to obtain other Federal, state, or local authorizations required by law.
b. This permit does not grant any property rights or exclusive privileges.
c. This permit does not authorize any injury to the property or rights of others.
d. This permit does not authorize interference with any existing or proposed Federal project.
3. Limits of Federal Liability. In issuing this permit, the Federal Government does not assume any liability for the
following:
a. Damages to the permitted project or uses thereof as a result of other permitted or unpermitted activities or
from natural causes.
b. Damages to the permitted project or uses thereof as a result of current or future activities undertaken by or
on behalf of the United States in the public interest.
c. Damages to persons, property, or to other permitted or unpermitted activities or structures caused by the
activity authorized by this permit.
d. Design or construction deficiencies associated with the permitted work.
e. Damage claims associated with any future modification, suspension, or revocation of this permit.
4. Reliance on Applicant's Data: The determination of this office that issuance of this permit is not contrary to the
public interest was made in reliance on the information you provided.
5. Reevaluation of Permit Decision. This office may reevaluate its decision on this permit at any time the
circumstances warrant. Circumstances that could require a reevaluation include, but are not limited to, the following:
a. You fail to comply with the terms and conditions of this permit.
b. The information provided by you in support of your permit application proves to have been false, incomplete,
or inaccurate (See 4 above).
2 *U.S. GOVERNMENT PRINTING OFFICE: 1986 - 717-425
DocuSign Envelope ID: 253AOC6 E-219A-4E6D-9 E E9-E BAD E46D23F3
c. Significant new information surfaces which this office did not consider in reaching the original public interest
decision.
Such a reevaluation may result in a determination that it is appropriate to use the suspension, modification, and
revocation procedures contained in 33 CFR 325.7 or enforcement procedures such as those contained in 33 CFR
326.4 and 326.5. The referenced enforcement procedures provide for the issuance of an administrative order
requiring you to comply with the terms and conditions of your permit and for the initiation of legal action where
appropriate. You will be required to pay for any corrective measures ordered by this office, and if you fail to comply
with such directive, this office may in certain situations (such as those specified in 33 CFR 209.170) accomplish the
corrective measures by contract or otherwise and bill you for the cost.
6. Extensions. General condition 1 establishes a time limit forthe completion of the activity authorized by this permit,
Unless there are circumstances requiring either a prompt completion of the authorized activity or a reevaluation of
the public interest decision, the Corps will normally give favorable consideration to a request for an extension of this
time limit.
Your signature below, as permittee, indicates that you accept and agree to comply with the terms and conditions of
this permit.
,e—DocuSigned by:
"V, vbm"(4 4/11/2024
(PERMITTEE) EASTFILED ASSOCAITES LLC (DA TE)
MR. KEVIN DOUGHERTY
This permit becomes effective when the Federal official, designated to act for the Secretary of the Army, has signed
below.
FOR THE DISTRICT COMMANDER
4/17/2024
for (DISTRICT COMMANDER) BRAD A. MORGAN, PE
COLONEL, U.S. ARMY
(DATE)
When the structures or work authorized by this permit are still in existence at the time the property is transferred,
the terms and conditions of this permit will continue to be binding on the new owner(s) of the property. To validate
the transfer of this permit and the associated liabilities associated with compliance with its terms and conditions,
have the transferee sign and date below.
(TRANSFEREE)
(DA TE)
3 *U.S. GOVERNMENT PRINTING OFFICE: 1986 - 717-425
DocuSign Envelope ID: 253AOC6 E-219A-4E6D-9 E E9-E BAD E46D23F3
SPECIAL CONDITIONS
ACTION ID: SAW-2017-00326
EASTFIELD ASSOCAITES LLC
EASTFIELD CROSSING
JOHNSTON COUNTY
WORK LIMITS / NOTIFICATION
Work Limits: All work authorized by this permit shall be performed in strict
compliance with the attached permit plans labeled EX Master Wetland Map,
Block E Stream Impact exhibit, and Eastfield Permit Drawing Set and dated
November 2023 and October 2023, which are a part of this permit. The Permittee
shall ensure that the construction design plans for this project do not deviate from
the permit plans attached to this authorization. Any modification to the attached
permit plans must be approved by the U.S. Army Corps of Engineers (Corps)
prior to any active construction in waters or wetlands.
2. Unauthorized Dredge and/or Fill: Except as authorized by this permit or any
Corps approved modification to this permit, no excavation, fill, or mechanized
land -clearing activities shall take place at any time in the construction or
maintenance of this project, within waters or wetlands, or shall any activities take
place that cause the degradation of waters or wetlands. There shall be no
excavation from, waste disposal into, or degradation of, jurisdictional wetlands or
waters associated with this permit without appropriate modification of this permit,
including appropriate compensatory mitigation. This prohibition applies to all
borrow and waste activities connected with this project. In addition, except as
specified in the plans attached to this permit, no excavation, fill or mechanized
land -clearing activities shall take place at any time in the construction or
maintenance of this project, in such a manner as to impair normal flows and
circulation patterns within, into, or out of waters or wetlands or to reduce the
reach of waters or wetlands.
3. Permit Distribution: The Permittee shall require its contractors and/or agents to
comply with the terms and conditions of this permit in the construction and
maintenance of this project and shall provide each of its contractors and/or
agents associated with the construction or maintenance of this project with a
copy of this permit. A copy of this permit, including all conditions and drawings
shall be available at the project site during construction and maintenance of this
project.
4. Preconstruction Meeting: The Permittee shall conduct an onsite
preconstruction meeting between its representatives, the contractor's
representatives and the appropriate Corps Project Manager prior to undertaking
any work within jurisdictional waters and wetlands to ensure that there is a
mutual understanding of all terms and conditions contained within the
Department of the Army permit. The Permittee shall schedule the preconstruction
meeting for a time frame when the Corps and North Carolina Division of Water
Resources (NCDWR) Project Managers can attend. The Permittee shall invite
the Corps and NCDWR Project Managers a minimum of thirty (30) days in
advance of the scheduled meeting to provide those individuals with ample
DocuSign Envelope ID: 253AOC6 E-219A-4E6D-9 E E9-E BAD E46D23F3
SPECIAL CONDITIONS
ACTION ID: SAW-2017-00326
EASTFIELD ASSOCAITES LLC
EASTFIELD CROSSING
JOHNSTON COUNTY
opportunity to schedule and participate in the required meeting. The thirty (30)
day -requirement can be waived with the concurrence of the Corps.
5. Notification of Construction Commencement and Completion: The
Permittee shall notify the Corps in writing prior to beginning the work authorized
by this permit and again upon completion of the work authorized by this permit.
6. Reporting Address: All reports, documentation, and correspondence required
by the conditions of this permit shall be submitted to the following- U.S. Army
Corps of Engineers, Wilmington District Raleigh Field Office, Attn- Matthew
Martin at (984) 800-3741 / Matthew. K. Marti n(d)-usace. army. m i 1. The Permittee
shall reference the following permit number, SAW-2017-00326, on all submittals.
7. Permit Revocation: The Permittee, upon receipt of a notice of revocation of this
permit or upon its expiration before completion of the work will, without expense
to the United States and in such time and manner as the Secretary of the Army
or his authorized representative may direct, restore the water or wetland to its
pre -project condition..
8. Reporting Violations: Violation of these permit conditions or violation of
Section 404 of the Clean Water Act shall be reported to the Corps in writing and
by telephone at- Matthew Martin at (984) 800-3741 /
Matthew. K. Martin(d)-usace. army. m i I within 24 hours of the Permittee's discovery
of the violation.
ENDANGERED SPECIES AND CULTURAL RESOURCES
9. Endangered Species Act: The Permittee shall implement all necessary
measures to ensure the authorized activity does not kill, injure, capture, harass,
or otherwise harm any federally listed threatened or endangered species. While
accomplishing the authorized work, if the Permittee discovers or observes an
injured or dead threatened or endangered species, the U.S. Army Corps of
Engineers, Wilmington District Charlotte Field Office, Attn- Matthew Martin at
(984) 800-3741 / Matthew. K. Martin(d)-usace. army. m il will be immediately notified
to initiate the required Federal coordination.
10. Suitable habitat for tricolored bat (Perimyofis subflavus) may be present at the
site. On September 14, 2022, the USFWS published a proposal in the Federal
Register to list the tricolored bat as endangered under the Endangered Species
Act (ESA). The permittee understands and agrees that all work associated with
the clearing and removal of trees and removal or modification of culverts must be
completed prior to the effective date of the final listing in the Federal Register.
2
DocuSign Envelope ID: 253AOC6 E-219A-4E6D-9 E E9-E BAD E46D23F3
SPECIAL CONDITIONS
ACTION ID: SAW-2017-00326
EASTFIELD ASSOCAITES LLC
EASTFIELD CROSSING
JOHNSTON COUNTY
Work associated with the aforementioned activities not completed by that time
must cease and the permittee must contact the Corps'
(Raleigh N CREG@usace. army. m i 1) to determine if additional coordination with
the USFWS is required under Section 7 of the ESA prior to continuing work.
11. Historic Properties — Discovery of Previously Unknown Remains and
Artifacts — If the Permittee discovers any previously unknown historic, cultural,
or archeological remains and/or artifacts while accomplishing the activity
authorized by this permit, the Permittee must immediately notify the U.S. Army
Corps of Engineers, Wilmington District Raleigh Field Office, Attn- Matthew
Martin at (984) 800-3741 / Matthew. K. Martin(d)-usace. army. m il to initiate the
required Federal coordination. The Permittee must notify the Corps of what has
been found, and to the maximum extent practicable, avoid construction activities
that may affect the remains and artifacts until the required coordination has been
completed. The Corps will initiate the Federal, Tribal, and state coordination
required to determine if the items or remains warrant a recovery effort or if the
site is eligible for listing in the National Register of Historic Places.
a. RELATED LAWS
12. Maintain Flows and Circulation Patterns of Waters: Except as specified in
the plans attached to this permit, no excavation, fill or mechanized land -clearing
activities shall take place at any time in the construction or maintenance of this
project, in such a manner as to impair normal flows and circulation patterns
within waters or wetlands or to reduce the reach of waters and/or wetlands..
13. Sediment and Erosion Control:
a. During the clearing phase of the project, heavy equipment shall not be
operated in surface waters or stream channels. Temporary stream
crossings will be used to access the opposite sides of stream channels.
All temporary diversion channels and stream crossings will be constructed
of non -erodible materials. Grubbing of riparian vegetation will not occur
until immediately before construction begins on a given segment of stream
channel.
b. No fill or excavation impacts for the purposes of sedimentation and
erosion control shall occur within jurisdictional waters, including wetlands,
unless the impacts are included on the plan drawings and specifically
authorized by this permit. This includes, but is not limited to, sediment
control fences and other barriers intended to catch sediment losses.
3
DocuSign Envelope ID: 253AOC6 E-219A-4E6D-9 E E9-E BAD E46D23F3
SPECIAL CONDITIONS
ACTION ID: SAW-2017-00326
EASTFIELD ASSOCAITES LLC
EASTFIELD CROSSING
JOHNSTON COUNTY
c. The Permittee shall remove all sediment and erosion control measures
placed in waters and/or wetlands, and shall restore natural grades on
those areas, prior to project completion.
d. The Permittee shall use appropriate sediment and erosion control
practices which equal or exceed those outlined in the most recent version
of the "North Carolina Sediment and Erosion Control Planning and Design
Manual" to ensure compliance with the appropriate turbidity water quality
standard. Erosion and sediment control practices shall be in full
compliance with all specifications governing the proper design, installation
and operation and maintenance of such Best Management Practices to
ensure compliance with the appropriate turbidity water quality standards.
This shall include, but is not limited to, the immediate installation of silt
fencing or similar appropriate devices around all areas subject to soil
disturbance or the movement of earthen fill, and the immediate
stabilization of all disturbed areas. Additionally, the project shall remain in
full compliance with all aspects of the Sedimentation Pollution Control Act
of 1973 (North Carolina General Statutes Chapter 11 3A Article 4).
Adequate sedimentation and erosion control measures shall be
implemented prior to any ground disturbing activities to minimize impacts
to downstream aquatic resources. These measures shall be inspected and
maintained regularly, especially following rainfall events. All fill material
shall be adequately stabilized at the earliest practicable date to prevent
sediment from entering adjacent waters or wetlands.
14. Clean Fill- The Permittee shall use only clean fill material for this project. The fill
material shall be free of items such as trash, construction debris, metal and
plastic products, and concrete block with exposed metal reinforcement bars.
Soils used for fill shall not be contaminated with any toxic substance in
concentrations governed by Section 307 of the Clean Water Act. Unless
otherwise authorized by this permit, all fill material placed in waters or wetlands
shall be generated from an upland source.
15.Water Contamination: All mechanized equipment shall be regularly inspected
and maintained to prevent contamination of waters and wetlands from fuels,
lubricants, hydraulic fluids, or other toxic materials. In the event of a spill of
petroleum products or any other hazardous waste, the Permittee shall
immediately report it to the N.C. Division of Water Resources at (919) 733-3300
or (800) 858-0368 and provisions of the North Carolina Oil Pollution and
Hazardous Substances Control Act shall be followed.
12
DocuSign Envelope ID: 253AOC6 E-219A-4E6D-9 E E9-E BAD E46D23F3
SPECIAL CONDITIONS
ACTION ID: SAW-2017-00326
EASTFIELD ASSOCAITES LLC
EASTFIELD CROSSING
JOHNSTON COUNTY
AQUATIC LIFE
16.Aquatic Life Movement: No activity may substantially disrupt the necessary life
cycle movements of those species of aquatic life indigenous to the waterbody,
including those species that normally migrate through the area. All discharges of
dredged or fill material within waters of the United States shall be designed and
constructed to maintain low flows to sustain the movement of aquatic species.
17. Prohibitions on Concrete: The Permittee shall take measures necessary to
prevent live or fresh concrete, including bags of uncured concrete, from coming
into contact with any water in or entering into waters of the United States. Water
inside coffer dams or casings that has been in contact with concrete shall only be
returned to waters of the United States when it no longer poses a threat to
aquatic organisms (concrete is set and cured).
COMPENSATORY MITIGATION
18. 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 these forms, including any special conditions listed on the
forms, is hereby incorporated as special conditions of this permit.
Construction within jurisdictional areas on the property shall begin only after the
permittee has made payments per the below mitigation table to either an
approved mitigation bank or the NCDMS within the service area and provided a
written confirmation to the Corps that it agrees to accept responsibility for the
mitigation work required.
The cost of credits will be the current price at the time of payment, not the current
price at the time of permit issuance. No work on any phase of the project shall
begin until the Compensatory Mitigation Responsibility Transfer Form specific to
that phase has been signed by the mitigation sponsor and returned to the Corps
project manager.
Amount of stream mitigation (credits)- 534
Amount of riparian wetland mitigation (credits)- 4.82
5
NOTIFICATION OF ADMINISTRATIVE APPEAL OPTIONS AND PROCESS AND
REQUEST FOR APPEAL
Applicant: Eastfield Associates, LLC
File Number- SAW-2017-00326
Date: April 17, 2024
Attached is:
See Section below
INITIAL PROFFERED PERMIT (Standard Permit or Letter of permission)
A
X
PROFFERED PERMIT (Standard Permit or Letter of permission)
B
PERMIT DENIAL WITHOUT PREJUDICE
C
PERMIT DENIAL WITH PREJUDICE
D
APPROVED JURISDICTIONAL DETERMINATION
E
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.miI/Missions/Civi1-
Works/Reg u latory-P rog ram -and-Perm its/appea Is/ 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 11 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 11 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.
-1-
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 11 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 11 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
If you have questions regarding the appeal
you may contact:
process, or to submit your request for appeal, you
District Engineer, Wilmington Regulatory
may contact:
Division
Krista Sabin
Attn- Matthew K. Martin
Administrative Appeal Review Officer
Wilmington Regulatory Office
South Atlantic Division
U.S Army Corps of Engineers
60 Forsyth St, Floor 1OM15
69 Darlington Avenue
Atlanta, Georgia 30303-8801
Wilmington, North Carolina 28403
krista. d. sabin(a)-usace. army. m il
904-314-9631
SECTION 11 — 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: