20051953 Ver 2_Application_20080605

1 ?
Scott Frederick D eJ' -?1:\ S 3 V ?-
From: Scott Frederick
Sent: Friday, May 16, 2008 4:33 PM
To: 'Ian McMillan ([e-mail])'
Subject: Main Street Square Project: USACE AID #: 200520531, DWQ Project #: 05-1953
Attachments: PCN_Main Street_10_05.pdf; DWQApprovalLet.PDF; Main Street Square - 404 Wetland
Permit.pdf; USACE 404 permit-JD-Main Street Square.pdf; WetlandlmpactMap05.16.08.pdf
Contacts: Ian McMillan
May 16, 2008
Mr. Ian McMillan U LS????? D
NCDWQ- Wetlands Unit
Environmental Specialist JUN 5 2008
2321 Crabtree Blvd.
Suite 250 pENR-WATER QUAU?
vrETLANDS AND STOROATER BRANCH
Raleigh, NC 27604
Sent via email:
Re: Permit modification request for Main Street Square Project (USACE AID #: 200520531, DWQ Project #: 05-1953)
Dear Mr. McMillan,
The following is a letter sent via email regarding a proposed permit modification for the Main Street Square Project in
Holly Springs, NC. The Town of Holly Springs has requested that the project be "connected" to neighboring tracts and
development. The original permit application provided information on the impact of wetlands, streams, and buffers as
seen in the Tables below:
Wetlands:
Wetland Impact Area of Located within Distance to
Site Number Type of Impact 100-year Nearest Type of Wetland***
(indicate on Impact
(acres) Floodplaink* Stream (linear
map) (yes/no) feet)
1 (sewer clearing, 639 ft2
easement) fill,
(.01 ac.)
excavating
2 fill 594 ft2
(.01 ac.)
3 fill 42 ft2
(.001 ac.)
4 fill 82 ft2
(.001 ac.)
5 fill 871
(.02 ac.)
6 fill 1454
(.03 ac.)
Streams:
Stream Impact Length of Average

Site Number
Type of
Impact Width of Perennial or
(indicate on Impact* (linear Stream Name** Stream Intermittent?
map) feet) Before (please specify)
Impact
NB-1 (sewer Clearing, fill,
easement)***
and
20
UT to Bass Lake
-5-10 ft.
P
excavation
Buffers:
Zone* Impact Multiplier Required
(square feet) Mitigation
1 600 3
2 400 1.5
Total 1000
* Zone 1 extends out 30 feet perpendicular from near bank of channel; Zone 2 extends an
additional 20 feet from the edge of Zone 1.
Presently, proposed impacts to Neuse River buffers have increased due to the request for connectivity with the project
and neighboring parcels (See attached Wetlandlmpact Map05.16.08.pdf). Nevertheless, maximum threshholds have not
been exceeded and the client has made a valid attempt at avoiding and minimizing impacts for the entire project (PCN
Application; October 2005). Total wetlands impacted currently is < 1/10 acre (3,682 ft2), total stream impacted is 20 ft.
(with the new bridge crossing), and total buffers impacted is 3,600 ft2 (Zone 1) and 2,400 ft2 (Zone 2). It should be
noted, the applicant actually reduced wetland impacts further to .08 ac following receipt of the 404 permit for .27 ac. of
allowable wetland/stream impacts.
Please let us know what additional information you need to process this permit modification request. Thank you.
Sincerely,
-Scott
r
Scott J. Frederick, El, NCLSS
Environmental Scientist
Sod, WiVw
?tGroup
Research Building I, Centennial Campus
1001 Capability Dr., Suite 312
Raleigh, NC 27606
Ph [phone]
Fax [phone]
Cell [phone]
[e-mail]
www.sweerp.com
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Checked by AVG.
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VAW
Michael F. f° ley, Governor
,Vill,tm G. Ross Jr., sacretaq
worth Carolina t)qUrtrrval , i t ., ,m,cirt and NaHrrat Rcsattrcea
I)ivision of Wat rQwliiy
March 14, 2006
lie Kevm C'cic;Imm
I Development
d 1 U N. tik)yhin Avenue, suite 138
Ri leigh, C.2760
`subject Property: Main Street Square
APPROVAL OF STORlw INVA'I`ER MANAGEMENT PLAX
Dear Mr. Cochran:
JUN 5 2006
DENR - WATER QUALITY
WETLANDS AND STORMWATER BRANCH
L)t: Vebt-wary 16, 2006, the Division of Water Quality (DWQ) received the reviE;t it storlal water
trtk, ttat ement plan prepared by your enginoer, Mr. Marty D. TIi°rzcll, of Hass. Nixon & Kennedy Inc. Phis
111<,ra fats been reviewed awl satisfies the storm water nianagement conditions oi'the do l Water Quality
t c° iiIictition issued can October 26, 2005.
"I`lrk- structutal stoma water practices as approved by DWQ as well as drainage pr ktt •t„; laaust be
n iaintaincd in perpetuity, No changes to the structural storm water practices sh,.dl'bc twide without
?+ I IIICrt authorization from the Division of Water Quality. Storm water scmettts sl, ill be recorded for a
(11 "t anc e o f ,t Ie4tst 10 feet on each side of all storm water conveyances on all leas c.u, ? raining theme
?.I r-L tut including future access for maintenance, The storm writer casements shrill allow for the ability
10 t urtntititt the SirLICtut'ea, perform corrective; actions as described above atul shall larcivide protection of
the ?iructures from potential alterruttion; by future property owners.
This letter completes the review of the Division of Water Quality under Se tiol, 40 1 of the Clears Water
Act. lfyou have any questions, please telephortc Mr. Samuel A. At hitaaiett it rJ l 9-°7.?57 ,
Sirrel,y,
c?
Gyndi B, Karoly
DWQ. 401 Oversit,l.aUt:xl,t°5s Perrnittili Unit
C:'131 Saa
cc: DWQ Raleigh Regional Office
U AC Ralc;igh Regulatory Field Office
File Copy
Central Files
Marty D, I"liztell, 0,N&K Inc. I04O5-Id Ligon Mill Road, Wake forest, NU` 2 ;' g7 '? ? ? ''u
Frkmarac; 05.1951 Main street 44iwae t#Mt', mroval, 3-14-06
-r+,t cn?r,,,,tnra x°tarr,Ss H00aattFa"'eal MIrit; Unit
Get Mi i ,ur, k,,r GC t&3t, Halei9 NOM CMlkaa ZM•195U
?sz t Cr to OC' E,• ula?? a, SUfta c^SCi, Raj*, North MWA 27604
PLOW: 91,.71'j-17 6/FAX [phone]M lnternat11141?!' 14 tlNlc.ru. !a wetlands
I:JWQ Project 05-1953
Wake County
t` artlttaaresjina
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An ELPat Opwitrni4o'Attirraawe Ac#on Er v6ftf - W% ROCYCtedrl 0% P, t COM"I PW ar
U.S. ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT ?n
Action ID: 200520531 Coga?ke
GENERAL PERMIT (REGIONAL AND NATIONWIDE) VERIFICATION
Property Owner: Boylan Development
Attn: Kevin Cochran
Mailing Address: 410 N. Boylan Avenue, Suite 138
Raleigh, North Carolina 27603
Authorized Agent: Soil, Water, & Environment Group, LLC
Attn: Scott Frederick
Mailing Address: 1001 Capability Drive, Suite 312
Raleigh, North Carolina 27606
Telephone No.: [phone]
Telephone No.: [phone]
Location of property (road name/number, town, etc.): The property is located on the cast side of the intersection of NC
55 and SR 1114, near Holly Springs, Wake County, North Carolina
Site Coordinates: 35.6386 °N -78.8308 °W
Waterway: Basal Creek
USGS Quad: Apex
River Basin: 200520531 HUC: 03010201
Description of projects area and activity (see page 2 for a summary of authorized impacts): This permit authorizes the
placement of fill into waters of the United States for lot fill and installation of sanitary sewer to facilitate the
construction of the proposed Holly Springs Apartments at Main Street Square as depicted by plans sent on
January 20, 2005.
Applicable Law: ® Section 404 (Clean Water Act, 33 USC 1344)
? Section 10 (Rivers and Harbors Act, 33 USC 403)
Authorization: Nationwide or Regional General Permit Number(s): 39
Your work is authorized by the above referenced permit provided it is accomplished in strict accordance with the attached
conditions and your submitted plans. Any violation of the attached conditions or deviation from your submitted plans may subject the
permittee to a stop work order, a restoration order 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 pen-nit 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 tite
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.
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 Kevin Yates at telephone [phone], ext 30.
Corps Regulatory Official Date: 03/21/2005 Verification Expiration Date: 03/19/2007
Copy Furnished:
Page i of 2
Determination of Jurisdiction:
® 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). ? 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.
? 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.
? The jurisdictional areas within the above described project area have been identified under a previous action. Please reference the
jurisdictional determination issued on
(Action ID: ).
Basis of Jurisdictional Determination: This site exhibits wetland criteria as described in the 1987 Corps Wetland Delineation
Manuel and is part of a broad continuum of wetlands connected to Basal Creek, a tributary of the Neuse River, adjacent to
Pamlico Sound. This waterbody exhibits an ordinary high water mark as indicated by changes in soil character and absence
of terrestrial vegetation and is hydrologically connected to the Basal Creek, adjacent to the Neuse River adjacent to Pamlico
Sound.
Corps Regulatory Official Date: 03/21/2005 Determination Expiration Date: 03/21/2010
Summa of Authorized Impacts and Re tired Miti ation
Action ID NWP / GP Open Water ac Wetland (ac Unim ortant Steam I Im ortant Stream 1
# # Temporary Permanent Temporary Permanent Temporary Permanent Tern orary
200520531 39
0.27 20 permanent
Im act Totals 0 0 0 0.27
Total Loss of Waters of the U.S. ac 0 0 20 0
Re uired Wetland Miti ation ac 0 0.27 Total Loss-of Waters of the U.S. 1 0
Required Stream Mitigation (I 0
Additional Remarks and/or Special Permit Conditions:
SEE ATTACHED SPECIAL CONDITIONS
Page 2 of 2
Action ID: 200520531 County: Wake
SPECIAL PERMIT CONDITIONS
1.
Fenced boundaries
Permittee shall locate all wetland boundaries and identify them on site with the
installation of temporary fencing (e.g., orange webbed tree-protection fencing).
Markings on the boundary fencing (or attached flags) shall identify the demarcated area
as a wetland. Demarcation of wetland areas shall be accomplished prior to initiation of
any impacts to jurisdictional areas (fill, mechanized landclearing, culvert installation,
etc.) authorized by this permit. The fencing shall remain in place throughout the duration
of all construction activities associated with the project.
WILMINGTON DISTRICT
POST-CONSTRUCTION COMPLIANCE VOR.M
Action ID Number: 200520531
County: Wake
Permittee: Boylan Development Attn: Kevin Cochran
Date Permit Issued: 03/21/2005
Project Manager: Kevin Yates
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
6508 Falls Of The Neuse Road
Suite 120
Raleigh, North Carolina 27615
Please note that your permitted activity is subject to a compliance inspection by a U. S. Army Corps of
Engineers representative. If you fail to comply with this permit you are subject to permit suspension,
modification, or revocation.
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
.t
i
Applicant: Boylan Development Attn: Kevin File Number: 200520531 Date; 03/21/2005
Cochran
Attached is: See Section below
9 INITIAL PROFFERED PERMIT (Standard Permit or Letter of A
permission)
PROFFERED PERMIT Standard Permit or Letter of permission) B
PERMIT DENIAL C
APPROVED JURISDICTIONAL DETERMINATION D
PRELIMINARY JURISDICTIONAL DETERMINATION E
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e wrilsa?cea •rn?1?/:net/.functtNW,
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t? Q -, , . ? 'f. ? •• {. . ' - I i" r.??? .?' x ?P' ?,t "? 'i' ? ? ? , Aar J f. 1 3 ?
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i, ir? F?'i41"}•fs.. :3+?s'ii: ?6+??r,r '.! .. ? . 1 . !M ! :':'A c. .i'ftY? ? .S} 7: ,5. ?^; z..:,
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 ofa 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 1D. 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 1D 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.
ELIMINARY JURISDICTIONAL DETERMINATION: You do not need to respond to the Corps
ng the preliminary JD. The Preliminary JD is not appealable. If you wish, you may request an approved
ich may be appealed), by contacting the Corps district for further instruction. Also you may provide new
ation for further co
nsideration by the Corps to reevaluate the JD.
Fij
?3s ? ?4 rS..„. •3 ?,nvj ? 'r .??r ,'r•, 5Ln Art}'1. r?*t ?'i? ?;`.
REASONS FOR APPEAL ..,.. , a.;' .A',i?t;':u.. : •`' :;. ? z?. ;
OR OBJECTIONS: (Describe your reasons for appealing the decision or your
objections to an initial proffered permit in clear concise statements. You may attach additional information to
this form to clarify where your reasons or objections are addressed in the administrative record.)
ADDITIONAL INFORMATION: The appeal is limited to a review of the administrative record, the Corps
memorandum for the record of the appeal conference or meeting, and any supplemental information that the
review officer has determined is needed to clarify the administrative record. Neither the appellant nor the Corps
may add new information or analyses to the record. However, you may provide additional information to clarify
the location of information that is already in the administrative record.
", ?. t, ?;•? 7gyj?'4pi?a,?y1? erih ? fir;.
If you have questions regarding this decision If you only have questions regarding the appeal process you
and/or the appeal process you may contact: Z. also contact:
Kevin Yates Mr. Arthur Middleton, Administrative Appeal Review
Raleigh Regulatory Field Office Officer
US Army Corps of Engineers CESAD-ET-CO-R
6508 Falls of the Neuse Road, Suite 120 U.S. Army Corps of Engineers, South Atlantic Division
Raleigh, North Carolina 27615 60 Forsyth Street, Room 9M15
Atlanta, Georgia 30303-8801
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: Telephone number:
Signature of appellant or agent.
DIVISION ENGINEER:
Commander
U.S. Army Engineer Division, South Atlantic
60 Forsyth Street, Room 9M15
Atlanta, Georgia 30303-3490
U.S. ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT
Action Id. 200520531 County: Wake U.S.G S. Quad: Apex
NOTIFICATION OF JURISDICTIONAL DETERMINATION
Property Owner/Agent: Mr. Kevin Cochran c/o Boylan Development
Address- 410 N. Boylan Avenue, Suite 138
Ralei¢h, NC 27603
Telephone No.: 919-256-3600
Size and location of property (waterbody, road name/number, town, eta.) The property is located on the east side
of the intersection on NC 55 and SR 1114, near Holly Sprints, in Wake County, NC.
Indicate Which of the Followine Apply:
Based on preliminary information, there may be Wetlands and Streams on the above described property. We
strongly suggest you have this property inspected to determine the extent of Department of the Army (DA)
jurisdiction. To be considered final, a jurisdictional determination must be verified by the Corps.
X There are Wetlands and Streams on the above described property subject to the permit requirements of Section
404 of the Clean Water Act (CWA)(33 USC § 1344). Unless there is a change in the law or our published
regulations, this determination may be relied upon for a period not to exceed five years from the date of this
notification.
We strongly suggest you have the Wetlands and Streams on your property delineated. Due to the size of
your property and/or our present workload, the Corps may not be able to accomplish this wetland
delineatioi:in a timely manner. For a more timely delineation, you may wish to obtain a consultant. To be
considered final, any delineation must be verified by the Corps.
The Wetlands and Streams on your property have been delineated and the delineation has been verified by
'the Corps. We strongly suggest you have this delineation surveyed. Upon completion, this survey should
be reviewed and verified by the Corps. Once verified, this survey will provide an accurate depiction of all
areas subject to CWA jurisdiction on your property which, provided there is no change in the law or our
published regulations, may be relied upon for a period not to exceed five years.
X The Wetlands and Streams have been delineated and surveyed and are accurately depicted on the plat
signed by the Corps Regulatory Official identified below on October 14, 2005. Unless there is a change in
the law or our published regulations, this determination may be relied upon for a period not to exceed five
years from the date of this notification.
There are no waters of the U.S., to include wetlands, present on the above described property which are subject
to the permit requirements of Section 444 of the Clean Water Act (33 USC 1344). Unless there is a change in
the law or our published regulations, this determination may be relied upon for a period not to exceed five years
from the date of this notification.
The property is located in one of the 20 Coastal Counties subject to regulation under the Coastal Area
Management Act (CAMA). You should contact the Division of Coastal Management in
Washington, NC, at [phone] to determine their requirements.
Remarks?
Corps Regulatory Official-
Date October 14, 2005
Expiration Date October 14, 2010
Page 1 of 2
Action Id. 200520531
Placement of dredged or fill material within waters of the US and/or wetlands without a Department of the Army
permit may constitute a violation of Section 301 of the Clean Water Act (33 USC § 1311). If you have any
questions regarding this determination and/or the Corps regulatory program, please contact Monte Matthews at
919-876-8441 x30.
Basis For Determination: Areas on this site exhibit wetland criteria as described in the 1987 Corps Wetland
Delineation Manual and are adiacent to Basal Creek. The property also contains stream channels that
exhibit an Ordinary High Water Mark as indicated by channes in soil character and absence or terrestrial
vegetation and are hydrologically connected to Basal Creek in the Neuse River Basin.
Corps Regulatory Official (Initial),
FOR OFFICE USE ONLY:
• A plat or sketch of the property and the wetland data form must be attached to the file copy of this form.
• A copy of the "Notification Of Administrative Appeal Options And Process And Request For Appeal"
form must be transmitted with the property owner/agent copy of this form
• If the property contains isolated wetlandstwaters, please indicate in "Remarks" section and attach the
"Isolated Determination Information Sheet" to the file copy of this form.
CF: Soil, Water, and Environment Group
Attn: Scott Frederick
1001 Capability Drive, Suite 312, Raleigh, NC 27606
NOTIFICATION O ADMINISTRATf
VE APPEAL C? TfO?TS? r? ? 3 `"ESS AND c
,
RE( I_TEET ?FOI' APPE¢T t ti " N r ` r _ ,y

Applicant: Mr. Kevin Cochran c/o Boylan File Number: 200520531 Date: October 14, 2005
Development
Attached is: See Section below
INITIAL PROFFERED PERMIT (Standard Permit or Letter of A
permission)
PROFFERED PERMIT Standard Permit or Letter of permission) B
PERMIT DENIAL C
X APPROVED. JURISDICTIONAL DETERMINATION D
PRELIMINARY JURISDICTIONAL DETERMINATION E
SECTION I -:The following".identifies. your.nghts<and opttons regarding an adnunstrattve:appel of thrr abpve'
decision-Additional information.- be found.at`htto://w*w.usace a mv.mil/itiet/funcfi)ns/ew?cecwo%reg or
Corps re 'rations at °33 CFR Part331 : .
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. 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 H 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 U 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: PRELIMINARY JURISDICTIONAL DETERMINATION: You do not need to respond to the Corps
regarding the preliminary JD. The Preliminary JD is not appealable. If you wish, you may request an approved
JD (which may be appealed), by contacting the Corps district for further instruction. Also you may provide new
information for further consideration by the Corps to reevaluate the JD.
SECTION II -REQUEST FOR APPEAL-or;OBJECTl,.NSITQAN-OUTTALPROFFERED.,:PvI -MIT
REASONS FOR APPEAL OR OBJECTIONS: (Describe your reasons for appealing the decision or your
objections to an initial proffered permit in clear concise statements. You may attach additional information to
this form to clarify where your reasons or objections are addressed in the administrative record.)
ADDITIONAL INFORMATION: The appeal is limited to a review of the administrative record, the Corps
memorandum for the record of the appeal conference or meeting, and any supplemental information that the
review officer has determined is needed to clarify the administrative record. Neither the appellant nor the Corps
may add new information or analyses to the record. However, you may provide additional information to clarify
the location of information that is already in the administrative record.
POT1?1T' O CONTACT. FOR "$T!4-S. OOR INF .- Rk ATX N: `
If you have questions regarding this decision If you only have questions regarding the appeal process you
and/or the appeal process you may contact: may also contact:
Monte Matthews Mr. Michael F. Bell, Administrative Appeal Review
6508 Falls of the Neuse Road Officer
Suite 120 CESAD-ET-CO-R
Raleigh, NC 27614 U.S. Army Corps of Engineers, South Atlantic Division
919-876-8441 x30 60 Forsyth Street, Room 9M15
Atlanta, Georgia 30303-8801
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: Telephone number:
Signature of appellant or agent.
DIVISION ENGINEER:
Commander
U.S. Army Engineer Division, South Atlantic
60 Forsyth Street, Room 9M15
Atlanta, Georgia 30303-3490
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/ ~ / / ~ \ SS ~ a e2 BUFFER IMPACT ~
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n ~ SS TOTAL 3,682 (0.06 AC.) NB1 ~ ~ " ~
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8 N NB2 1 20' 60' 1200 SF _ ~ ~
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C TOTAL 1 60' 180' 3600 SF
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d! ~ LENGTH 1MDTH AREA rt~Ee~I~N.I'I N"
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( IN FEET
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