20160081 Ver 1_More Info Received_20160405

U.S. ARMY CORPS OF ENGINEERS COPY
WILMINGTON DISTRICT
Action Id. SAW -2014-01190 County: Wake U.S.G.S. Quad: NC -NEW HILL
GENERAL PER HT (REGIONAL AND NATIONWIDE) VERIFICATION
Permittee:
Meritage Homes of the Carolinas
Attn: Brian Ketchem
Address:
5400 Trinity Road
Suite 107
Raleigh, NC, 27607
Telephone Number:
919-926-2616
Size (acres) 37 Nearest Town Apex
Nearest Waterway Beaver Creek River Basin Haw
USGS HUC 03030002 Coordinates Latitude: 35.7240211330089
Longitude: -78.9235630624688
Location description: The prolect site is approximately 37 acres located southeast of the intersection of Olive Chapel Rd. and
Richardson Rd _near the town of Apex, Wake Countv, North Carolina, and contains wetlands with drain to Beaver Creek in
the Cane Fear River basin.
Description of projects area and activity: This Permit verification allows for 0.24 acre of permanent wetland impacts from till
associated with the installation of roads and lot till for the construction of the Arcadia Rid a residential subdivision.
Mitigation is required for this proposal.
Applicable Law: ® Section 404 (Clean Water Act, 33 USC 1344)
❑ Section 10 (Rivers and Harbors Act, 33 USC 403)
Authorization: Regional General Permit Number or Nationwide Permit Number: NWP 29 Residential Developments.
SEE ATTACHED RGP or NIVP GENERAL, REGIONAL AND SPECL4L CONDITIONS
Your work is authorized by the above referenced permit provided it is accomplished in strict accordance with the attached
conditions and your submitted application and attached information dated 1/21/2016 and 03/16/2016. 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 authorization is modified, suspended
or revoked. If, prior to the expiration date identified below, the nationwide 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 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 permit, will remain authorized provided the activity is completed
within twelve months of the date of the nationwide 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 Quality (telephone [phone]) 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 in Morehead City, NC, at [phone].
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 James Lastinger at 919-5544884 x32 or James.C.LastingerOusace.army.mil.
Corps Regulatory Officia • Date: 03/30/2016
Expiration Date of Veri ion: 03/18/2017

SAW -2014-01190
SPECIAL CONDITIONS
In order to compensate for impacts associated with this permit, mitisation 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 asspecial conditions of this permit
authorization.

U.S. ARMY CORPS OF ENGINEERS
Wilmington District
Compensatory Mitigation Responsibility Transfer Form
Permittee: Meritage Homes of the Carolinas Attn: Brian Ketchem Action ID: SAW -2014-01190
Project Name: Arcadia Ridge subdivision County: Wake
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 to the U.S. Army Corps of Engineers (USAGE) 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 must verify that the mitigation requirements (credits) shown below are available at
the identified site. By signing below, the Sponsor is accepting full responsibility for the identified mitigation, regardless of
whether or not 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 bank ledger to the Permittee, the USACE Project
Manager, and the Wilmington 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: 03030002, Cape Fear River Basin
Stream Impacts (linear feet) Wetland Impacts (acres)
Warm Cool J Cold Riparian Riverine Riparian Non-Riverine Non -Riparian Coastal
0.24
*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: 03030002, Cave Fear River Basin
Stream Mitigation (credits) Wetland Mitigation (credits)
Warm Cool Cold Riparian Riverine
Riparian Nan-Riverine Non -Riparian Coastal
0.48
Mitigation Site Debited:Restoration Systems -Cripple Creek Stream and Wetland Mitigation Bank
(i_ist 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 Mftfgotlon Sponsor
Statement of Mitigation Liability Acceptance: 1, 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 USACE, are
currently available at the mitigation site identified above. Further, I understand that if the Sponsor falls 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 Name:
Name of Sponsor's Authorized Representative:
of Sponsor's Authorized Representative
Date of
Page 1 of 2 Form Updated 23 November, 2015

USACE Wilmington District
Compensatory Mitigation Responsibility Transfer Form, Page 2
Conditions for Transfer of Compensatory Mitigation Credit:
• Once this document has been signed by the Mitigation Sponsor and the USACE 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 USACE 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. 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 the Sponsor must be provided to the USACE within 30 days of
permit issuance. NCDOT remains fully responsible for the mitigation until the USACE 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 USACE Project Manager (address below) is provided with a signed copy of this form.
D If changes are proposed to the type, amount, or location of mitigation after this form has been signed and returned to
the USACE, the Sponsor must obtain case-by-case approval from the USACE 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 USACE administrative records for both
the permit and the Bank/ILF Instrument.
Comments/Additional Conditions:
This form is not valid unless signed below by the USACE 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
USACE Project Manager at the address below, and 3) the Wilmington District Mitigation Office, Attn: Todd Tugwell,
11405 Falls of Neuse Road, Wake Forest, NC 27587 (email: [e-mail]). Questions regarding this form
or any of the permit conditions may be directed to the USACE Project Manager below.
USACE Project Manager: James Lastinger
USACE Field Office: Raleigh Regulatory Field Office
US Army Corps of Engineers
3331 Heritage Trade Drive, Suite 105
Wake Forest, North Carolina 27587
Email: [e-mail]
V March 30, 2016
USACE Project Ma ger Signature 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://rlbits.usace.army.mil.
Page 2 of 2
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 our website at htto://reaulatorv.usacesurvey.com/ to complete the survey online.

SAW -2014-01190
The Wilmington District is committed to providing the highest level of support to the public. To help us ensure we
continue to do so, please complete our customer Satisfaction Survey online at httn:Nregulatory.usacesurvey.com/.
Copy furnished:
Agent: Environmental Services, Inc.
Attn: Jeff Harbour
Address: 4901 Trademark Drive
Raleigh, NC, 27610
Telephone Number:

Action ID Number: SAW -2014-01190 County: Wake
Permittee: Meritage Homes of the Carolinas
Attn: Brian Ketchem
Project Name: 2713 Olive Chanel Rd./Welton Property/Apex/Wake County/Arcadia Ridge
Date Verification Issued: 03/30/2016
Project Manager: James Lastinger
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
Raleigh Regulatory Field Office
Attn: James Lastinger, Regulatory Specialist
3331 Heritage Trade Dr., suite 105
Wake Forest, NC 27587
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

SAN -2014-01190
Determination of Jurisdiction:
A. ® Based on preliminary information, there appear to be waters of the US including wetlands within the above described project
area. This preliminary determination is not an appealable action under the Regulatory Program Administrative Appeal Process
( Reference 33 CFR Part 331).
B. ❑ 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 and Section 404 of the Clean Water Act. Unless there is a change in the law or our
published regulations, this determination may be relied upon for a period not to exceed five years from the date of this
notification.
C. ❑ There are waters of the US and/or wetlands within the above described project area subject to the permit requirements of
Section 404 of the Clean Water Act (CWA)(33 USC § 1344). Unless there is a change in the law or our published regulations,
this determination may be relied upon for a period not to exceed five years from the date of this notification.
D. ❑ The jurisdictional areas within the above described project area have been identified under a previous action. Please reference
jurisdictional determination issued Action ID: SAW -
Basis For Determination:
Remarks: Please see the attached preliminary jurisdictional determination
E. Attention USDA Program Participants
This delineation/determination has been conducted to identify the limits of Corps' Clean Water Act jurisdiction for the particular site
identified in this request. The delineation/determination may not be valid for the wetland conservation provisions of the Food Security
Act of 1985. If you or your tenant are USDA Program participants, or anticipate participation in USDA programs, you should request
a certified wetland determination from the local office of the Natural Resources Conservation Service, prior to starting work.
F. Appeals Information (This information applies only to approved jurisdictional determinations as indicated in 0
and C above).
This correspondence constitutes an approved jurisdictional determination for the above described site. If you object to this
determination, you may request an administrative appeal under Corps regulations at 33 CFR Part 331. Enclosed you will find a
Notification of Appeal Process (NAP) fact sheet and request for appeal (RFA) form. If you request to appeal this determination you
must submit a completed RFA form to the following address:
US Army Corps of Engineers
South Atlantic Division
Attn: Jason Steele, Review Officer
60 Forsyth Street SW, Room 1OM15
Atlanta, Georgia 30303-8801
Phone: [phone]
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 33 I.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
**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:_,lev"O
James Lastinger
Date of JD: 03/30/2016

PRELIMINARY JURISDICTIONAL DETERMINATION FORM
BACKGROUND INFORMATION
A. REPORT COMPLETION DATE FOR PRELIMINARY JURISDICTIONAL DETERMINATION (JD): March 30,
2016
B. NAME AND ADDRESS OF PERSON REQUESTING PRELIMINARY JD:
Agent: Environmental Services, Inc.
Attn: Jeff Harbour
Address: 4901 Trademark Drive
Raleigh, NC, 27610
C. DISTRICT OFFICE, FILE NAME, AND NUMBER: Wilmington, 2713 Olive Chanel Rd./Welton
PropertylApex/Wake County/Arcadin Ridge, SAW -2014-01190
D. PROJECT LOCATIONS) AND BACKGROUND INFORMATION: The nrolect site is approximately 37 acres
located southeast of the intersection of Olive Chanel Rd. and Richardson Rd., near the town of Apex. Wake County,
North Carolina, and contains wetlands with drain to Beaver Creek In the Cane Fear River basin. Please see the attached
map and waters inventory table for itirisdictional features on site.
(USE THE ATTACHED TABLE TO DOCUMENT MULTIPLE WATERBODIES AT DIFFERENT SITES)
State: NC County/parishlborough: Wake City: Apex
Center coordinates of site (Int/long in degree decimal format): Lat. 35.7240211330089° N, Long. -78.92356306246880 W.
Universal Transverse Mercator:
Name of nearest water body: Beaver Creek
Identify (estimate) amount of waters in the review area:
Non -wetland waters: linear feet: width (ft) and/or acres.
Cowardin Class:
Stream Flow:
Wetlands: 0.24 acres.
Cowardin Class: Forested
Name of any water bodies on the site that have been identified as Section 10 waters:
Tidal:
Non -Tidal:
E. REVIEW PERFORMED FOR SITE EVALUATION (CHECK ALL THAT APPLIES):
❑
Office (Desk) Determination. Date:
® Field Determination. Date(s): 3/14/2016
1. The Corps of Engineers believes that there may be jurisdictional waters of the United States on the subject site, and the permit
applicant or other affected party who requested this preliminary JD is hereby advised of his or her option to request and obtain an
approved jurisdictional determination (JD) for that site. Nevertheless, the permit applicant or other person who requested this
preliminary JD has declined to exercise the option to obtain an approved JD in this instance and at this time.
2. In any circumstance where a permit applicant obtains an individual permit, or a Nationwide General Permit (NWP) or other
general permit verification requiring "pre -construction notification" (PCN), or requests verification for a non -reporting NWP or
other general permit, and the permit applicant has not requested an approved JD for the activity, the permit applicant is hereby
made aware of the following: (1) the permit applicant has elected to seek a permit authorization based on a preliminary JD, which
does not make an official determination of jurisdictional waters; (2) that the applicant has the option to request an approved JD
before accepting the terms and conditions of the permit authorization, and that basing a permit authorization on an approved JD
could possibly result in less compensatory mitigation being required or different special conditions; (3) that the applicant has the
right to request an individual permit rather than accepting the terms and conditions of the NWP or other general permit
authorization; (4) that the applicant can accept a permit authorization and thereby agree to comply with all the terms and
conditions of that permit, including whatever mitigation requirements the Corps has determined to be necessary; (5) that
undertaking any activity in reliance upon the subject permit authorization without requesting an approved JD constitutes the
applicant's acceptance of the use of the preliminary JD, but that either form of JD will be processed as soon as is practicable;

(6) accepting a permit authorization (e.g., signing a proffered individual permit) or undertaking any activity in reliance on any
form of Corps permit authorization based on a preliminary JD constitutes agreement that all wetlands and other water bodies on
the site affected in any way by that activity are jurisdictional waters of the United States, and precludes any challenge to such
jurisdiction in any administrative or judicial compliance or enforcement action, or in any administrative appeal or in any Federal
court; and (7) whether the applicant elects to use either an approved JD or a preliminary JD, that JD will be processed as soon as
is practicable. Further, an approved JD, a proffered individual permit (and all terms and conditions contained therein), or
individual permit denial can be administratively appealed pursuant to 33 C.F.R. Part 331, and that in any administrative appeal,
jurisdictional issues can be raised (see 33 C.F.R. 331.5(a)(2)). If, during that administrative appeal, it becomes necessary to make
an official determination whether CWA jurisdiction exists over a site, or to provide an official delineation of jurisdictional waters
on the site, the Corps will provide an approved JD to accomplish that result, as soon as is practicable.
This preliminary JD finds that there "may be" waters of the United States on the subject project site, and identifies all aquatic
features on the site that could be affected by the proposed activity, based on the following information:
SUPPORTING DATA. Data reviewed for preliminary JD (check oil that apply - checked items should be included in case
file and, where checked and requested, appropriately reference sources below):
® Maps, plans, plots or plat submitted by or on behalf of the applicant/consultant: ESI.
® Data sheets prepared/submitted by or on behalf of the applicant/consultant.
® Office concurs with data sheets/delineation report.
❑ Office does not concur with data shects/delineation report.
❑ Data sheets prepared by the Corps:
❑ Corps navigable waters' study:
❑ U.S. Geological Survey Hydrologic Atlas:
® USGS NHD data.
❑ USGS 8 and 12 digit HUC maps.
® U.S. Geological Survey map(s). Cite scale & quad name.-
USDA
ame:USDA Natural Resources Conservation Service Soil Survey. Citation:
® National wetlands inventory map(s). Cite name:
❑ State/Local wetland inventory mop(s):
® FEMAIFIRM maps:
❑ I00 -year Floodplain Elevation is: (National Geodetic Vertical Datum of 1929)
® Photographs: ® Aerial (Name & Date):
or ® Other (Name & Date):
❑ Previous determination(s). File no. and date of response letter:
❑ Other information (please specify): .
IMPORTANT NOTE: The information recorded on this form has not necessarily been verified by the Corns and should
not be relied upon for later iurisdictional determinations.
u� j3o %tL
Signa re d date o 67
Regulatory Project Manager
(REQUIRED)
Signature and date of
person requesting preliminary JD
(REQUIRED, unless obtaining the signature is
Impracticable)

Waters tnventory ta61e
Site
Class u
Estimated amount of
Class aquatic
number
Latitude
Longitude
Class
Aquatic resource in
resource
ce
review area
Wetland
35.7243
-78.9234
Palustrine
0.24 acre
non -section 10 —
1
I
wetland

SECTION I - The following: identifies your iigllts and options regarding an administrative appeal of the above decision.
AdditionaLinformation may be fn nd atar h Ifwww.usace.armv.mil/Missions/Civ€iWorks/Re�ulatoryProgmmandPermits.aspx
or the Corps regulations ai<33- GFR Part 331.
A: INITIAL PROFFERED PERMIT: You may accept or object to the permit.
• ACCEPT: If you received a Standard Permit, you may sign the permit document and return it to the district engineer for final
authorization. If you received a Letter of Permission (LOP), you may accept the LOP and your work is authorized. Your
signature on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive all
rights to appeal the permit, including its terms and conditions, and approved jurisdictional determinations associated with the
permit.
OBJECT: If you object to the permit (Standard or LOP) because of certain terms and conditions therein, you may request
that the permit be modified accordingly. You must complete Section II of this form and return the form to the district
engineer. Your objections must be received by the district engineer within 60 days of the date of this notice, or you will
forfeit your right to appeal the permit in the future. Upon receipt of your letter, the district engineer will evaluate your
objections and may: (a) modify the permit to address all of your concerns, (b) modify the permit to address some of your
objections, or (c) not modify the permit having determined that the permit should be issued as previously written. After
evaluating your objections, the district engineer will send you a proffered permit for your reconsideration, as indicated in
Section B below.
B: PROFFERED PERMIT: You may accept or appeal the permit
• ACCEPT: If you received a Standard Permit, you may sign the permit document and return it to the district engineer for final
authorization. If you received a Letter of Permission (LOP), you may accept the LOP and your work is authorized. Your
signature on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive all
rights to appeal the permit, including its terms and conditions, and approved jurisdictional determinations associated with the
permit.
• APPEAL: If you choose to decline the proffered permit (Standard or LOP) because of certain terms and conditions therein,
you may appeal the declined permit under the Corps of Engineers Administrative Appeal Process by completing Section II of
this form and sending the form to the division engineer. This form must be received by the division engineer within 60 days
of the date of this notice.
C. PERMIT DENIAL: You may appeal the denial of a permit under the Corps of Engineers Administrative Appeal Process by
completing Section II of this form and sending the form to the division engineer. This form must be received by the division
engineer within 60 days of the date of this notice.
Applicant: Meritage Homes of the Carolinas
Brian Ketchem
File Number: SAW -2014-01190
Date: 03/30/2016
Attached is: See Section below
INITIAL PROFFERED PERMIT Standard Permit or Letter ofpermission)
A
PROFFERED PERMIT Standard Permit or Letter of ermission
B
PERMIT DENIAL
C
APPROVED JURISDICTIONAL DETERMINATION
D
EJ PRELIMINARY JURISDICTIONAL DETERMINATION
E
SECTION I - The following: identifies your iigllts and options regarding an administrative appeal of the above decision.
AdditionaLinformation may be fn nd atar h Ifwww.usace.armv.mil/Missions/Civ€iWorks/Re�ulatoryProgmmandPermits.aspx
or the Corps regulations ai<33- GFR Part 331.
A: INITIAL PROFFERED PERMIT: You may accept or object to the permit.
• ACCEPT: If you received a Standard Permit, you may sign the permit document and return it to the district engineer for final
authorization. If you received a Letter of Permission (LOP), you may accept the LOP and your work is authorized. Your
signature on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive all
rights to appeal the permit, including its terms and conditions, and approved jurisdictional determinations associated with the
permit.
OBJECT: If you object to the permit (Standard or LOP) because of certain terms and conditions therein, you may request
that the permit be modified accordingly. You must complete Section II of this form and return the form to the district
engineer. Your objections must be received by the district engineer within 60 days of the date of this notice, or you will
forfeit your right to appeal the permit in the future. Upon receipt of your letter, the district engineer will evaluate your
objections and may: (a) modify the permit to address all of your concerns, (b) modify the permit to address some of your
objections, or (c) not modify the permit having determined that the permit should be issued as previously written. After
evaluating your objections, the district engineer will send you a proffered permit for your reconsideration, as indicated in
Section B below.
B: PROFFERED PERMIT: You may accept or appeal the permit
• ACCEPT: If you received a Standard Permit, you may sign the permit document and return it to the district engineer for final
authorization. If you received a Letter of Permission (LOP), you may accept the LOP and your work is authorized. Your
signature on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive all
rights to appeal the permit, including its terms and conditions, and approved jurisdictional determinations associated with the
permit.
• APPEAL: If you choose to decline the proffered permit (Standard or LOP) because of certain terms and conditions therein,
you may appeal the declined permit under the Corps of Engineers Administrative Appeal Process by completing Section II of
this form and sending the form to the division engineer. This form must be received by the division engineer within 60 days
of the date of this notice.
C. PERMIT DENIAL: You may appeal the denial of a permit under the Corps of Engineers Administrative Appeal Process by
completing Section II of this form and sending the form to the division engineer. This form must be received by the division
engineer within 60 days of the date of this notice.

D: APPROVED JURISDICTIONAL DETERMINATION: You may accept or appeal the approved JD or provide new
information.
• ACCEPT: You do not need to notify the Corps to accept an approved JD. Failure to notify the Corps within 60 days of the
date of this notice, means that you accept the approved JD in its entirety, and waive all rights to appeal the approved JD.
• APPEAL: If you disagree with the approved JD, you may appeal the approved JD under the Corps of Engineers
Administrative Appeal Process by completing Section II of this form and sending the form to the district engineer. This form
must be received by the division engineer within 60 days of the date of this notice.
E: PRELIMINARY JURISDICTIONAL DETERMINATION: You do not need to respond to the Corps regarding the
preliminary JD. The Preliminary JD is not appealable. If you wish, you may request an approved JD (which may be appealed),
by contacting the Corps district for further instruction. AIso you may provide new information for further consideration by the
Corps to reevaluate the JD.
'SEGtT1ON IZ - RE UFST FOR APPEAL or'OBJEOVONS TO AN INITIAL PROFFERED PERMIT
7]
REASONS FOR APPEAL OR OBJECTIONS: (Describe your reasons for appealing the decision or your objections to an initial
proffered permit in clear concise statements. You may attach additional information to this form to clarify where your reasons or
objections are addressed in the administrative record.)
ADDITIONAL INFORMATION: The appeal is limited to a review of the administrative record, the Corps memorandum for the
record of the appeal conference or meeting, and any supplemental information that the review officer has determined is needed to
clarify the administrative record. Neither the appellant nor the Corps may add new information or analyses to the record.
However, you may provide additional information to clarify the Iocation of information that is already in the administrative
record.
POINT OF CONTA&T FOR QPjESfrIONS OR INFORMATION:
If you have questions regarding this decision and/or the If you only have questions regarding the appeal process you may
appeal process you may contact: also contact:
District Engineer, Wilmington Regulatory Division Mr. Jason Steele, Administrative Appeal Review Officer
Raleigh Regulatory Field Office CESAD-PDO
Attn: James Lastinger, Regulatory Specialist U.S. Army Corps of Engineers, South Atlantic Division
3331 Heritage Trade Dr., suite 105 60 Forsyth Street, Room 10M15
Wake Forest, NC 27587 Atlanta, Georgia 30303-8801
919-5544884 ext 32 Phone: [phone]
RIGHT OF ENTRY: Your signature below grants the right of entry to Corps of Engineers personnel, and any government
consultants, to conduct investigations of the project site during the course of the appeal process. You will be provided a 15 day
notice of any site investigation, and will have the o ortuni to partici2ate in all site investigations.
Date: I Telephone number:
Signature of appellant or agent.
For appeals on Initial Proffered Permits send this form to:
District Engineer, Wilmington Regulatory Division, Attn: James Lastinger, 69 Darlington Avenue, Wilmington, North
Carolina 28403
For Permit denials, Proffered Permits and approved Jurisdictional Determinations send this farm to:
Division Engineer, Commander, U.S. Army Engineer Division, South Atlantic, Attn: Mr. Jason Steele, Administrative Appeal
Officer, CESAD-FDO, 60 Forsyth Street, Room IOM15, Atlanta, Georgia 30303-8801
Picone: (404) 562»5137