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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: