Loading...
HomeMy WebLinkAbout20141134 Ver 2_SR 1339 JD verification_20181120• �'' • � � � � . . ,, � �; 1 1 A. ❑ Based on preliminary information, there appear to be waters of the US including wetlands vvithin the above described project area. This preliminary determination is not an appealable action under the Regulatory Program Administrative �ppeal Process ( Reference 3 3 CFR Pari 3 31). o❑ There are I�avigable �Taters of the United States within the above described proj ect area subj ect to the permit requirements of Section 10 of the �Zivers and I�arbors Act and Section 404 of the Clean Water Act. Unless there is a change in the law or our published regulations, this dete�nination may be relied upon for a period not to exceed five years from �he date of this notification. C. � There are waters of the US and/or wetlands within the above described proj ect area subj eci to the permit requirements of Section 404 of the Clean V�ater Act (C�IA)(33 IJSC § 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 II�: SAVV- . . . . . . . . . . ,. , . , . • � , , , ;� ;. � 1 . � . . . . �,. � : . . � , � .• : . � , , � . .. • • , . . . . . � . , �, � . ,. � . ., ,. . , . ., . .� � . � .• , � � • . . . � � . . , . •� � � , � � � . . . • , . • �, • •� � • ,. • � , � • • � •�• . � � . � �•� . � ,. � � , �. . . � � � • •. � ��� •r'r � �. , � , �� . � �• '• ,,;� • , � . � ��• � �. , �; . , . . , � , , �. � , .� � . � � . . �i:1I• ._ � � ;� ,� � � � � � � . 1 . _ This delineation/determination has been conducted to identify the limits of Corps' Clean Water Act jurisdiction for the particular site identified in this request. T'he 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. � � � •, , � . � .: � . , . � � • � � ., � � �� � � ,, � � . . � .,; � . •�: ; : , � .�� • 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 CF�Z Part 33 l. 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 1-�rmy Corps of Engineers South Atlantic Division Attn: Jason Steele, IZeview Officer 60 Forsyth Street S�hI, Room 1 OlVI1 S Atlanta, Georgia 30303-8801 Phone: (404) 562-5137 In order for an RFA to be accepted by the Corps, the Corps must determine that it is complete, that it meets the criteria for appeal under 33 CFR part 331.5, and that it has been received by the Division Office within 60 days of the date of the I�1AP. Should you decide to submit an RFA form, it must be received at the above address by 2/2/15. **It is not necessary to submit an RFA form to the Division Offce if you do not object to the determination in this correspondence.** Corps Regulatory Official: . ' . �' � . ' a � 1 ' 1 :, ' • . � �. - , � 1� i ' - _ � � • -� • , • � . - :' - - - • ��a • - � � • - � - - - , - •r. r �-. - • ,--� � - . . • - • -. Copy furnished: Agent: Address: Telephone Number: ► ��� 1� ��:�� � �1 � � �il . � �; , . : 1 • • ' �` . �, . �� � :� ' � : , � � , � ,� � � � , ; , . 1 i 1 /_ ' 1 • � . • 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 obj ections 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 recelpt of your letter, the dlstrict engineer will evaluate your obj ections 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. : '' � ' 1 ' ' � , . •� � , �;��, • �� ,� • 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 LOF' 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. • AF'PEAL: If you choose to decline the proffered permit (�tandard 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 englneer 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 engineero This form must be received by the division engineer within 60 days of the date of this notice. 1 , ••• � � • '� � • � '� � � � . . -� � .��`. - .�� • `� � • � � �' ' information. 0 � ; , • r• � --r . • - • . � . -. . ... � -r � . - • • - • � .1 .. • - � �". i , • ., . �, � ,� � � � .: � � �.' . � , - - � � � - � • i � � •" � � � i � �'' � � �'' .. APPEAL: If you disagree with the approved JD, you may appeal the approved JL) under the Corps of Engineers Administrative Appeal Process by completing Section II of this form and sending the form to the district engineer. must be received by the division engineer within 60 days of the date of this notice. This form : I : 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 JI� (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. _ . s _ _ _ . .. : , , � _ . , �_ ._ . : _ �. : ; : . . _. f � : . _� _ . _ . . , ;. t ; ; : � � :�' � . � '�` _ i`' '� : _� _ _�' �__ _ : � �` � � � : _ , : � ,� :�: � ; . �` _ �. �'� __ �► _ _ �' __ _� .�.. �`�f �'`�'�'�►, : . _ � __ � � ,� _ �"�� � � � �� _ �_ _� _ : , � _ � _ . _ ��,.�� _ _ ; `��,f: � ._ � . �'�� _ , . . _ __ REASONS FOI� 1�PPEAL C�R ��JECTIONS: (Describe your reasons for appealing the decision or your objections to an initial proffered permit in clear concise statements. You may attach additional information io this form to clarify vvhere your reasons or objections are addressed in ihe administrative record.) ADI�ITIOI�TAL INFOI�IVIATION: 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 informaiion that the review officer has determined is needed to clarify the administrati�e 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. . : : ` A : ;r . : � . . . � � : : _ � � "� ���_ � : �` � � _ ���`C� ���. , � . _ _ : , _ �' :� � � _ � � (� � _ �. _ _ _ _ __. _ _ , , ��� �� _ _ � �_ . _ . _r 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 Attn: James Lastinger CESAD-PDO Raleigh Regulatory Field Of�ce U.S. Army Corps of Engineers, South Atlantic Division 3331 Heritage Trade Dr., sui�e 105 60 Forsyth Street, Room 1 OM 15 Wake �orest, NC 27587 Atlanta, Georgia 30303-8801 Phone: (404) 562-5137 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. �'ou 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. � /�', � � '; � , ,� �, , �; ;� � � • • � 1 � • � ' . 1 � 1; • . • , ,� . � 1 � , � � . • • r � � • . 1 . •� / �' ' � /,; ' ' �' � /'/ /' ' �„ � �' ' � ' � � �. ' � � .. � � � . . , .. , ,� � . � . � � ..'• • 1 . ' ' ' 1 1'.'', , . . � � � � �� � .. ..;� �� `� • . r. .1 �` . � �' ii�: �� 1 ' � � � 1