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6.1. SR 01-22-2008
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6.1. SR 01-22-2008
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NOTIFICATION OF ADMINISTRATIVE APPEAL OPTIONS AND PROCESS AND <br />.REQUEST FOR APPEAL <br />`•~plicant. Kevin Meland File Number: 2005-5066 Date: August 25, 2005 <br />_ached is: See Section below <br /> INITIAL PROFFE ' D PERMIT (Standard Permit or Letter of permission) A <br /> PROFFERED PERMIT (Standard Permit or Letter of permission) B <br /> PERMIT DENIAL C <br />X APPROVED JURISDICTIONAL DETERMINATION D <br /> PRELIMINARY JURISDICTIONAL DETERMINATION E <br />SECTION I -The following identifies your rights and options regarding an administrative appeal of the above <br />decision. Additional information may be found at http://usace.army.miUinet/functions/cw/cecwo/reg or <br />Corps regulations at 33 CFR Part 331. <br />A. INITIAL PROFERRED PERMIT: You may accept or object to the permit. <br />ACCEPT: If you received a Standard Permit, you may sign the permit document and return it to the district engineer for fmal <br />authorization. If you received a Letter of Permission (LOP), you may accept the LOP and your work is authorized. Your <br />signature on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive alI rights to appeal <br />the permit, including its terms end conditions, and approve jurisdictional determinations associated with the permit. <br />• OBJECT: If you object to the permit (Standard or LOP) because of certain terms and conditions therein, you may request that the <br />permit be modified accordingly. You must complete Section II of this form and return the form to the district engineer. Your objections <br />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 <br />future. Upon receipt of your Ietter, the district engineer will evaluate your objections and may: (a) modify the permit to address all of <br />your concerns, (b) modify the permit to address some of your objections, or (c) not modify the permit having determined that the permit <br />should be issued as previously written. After evaluating your objections, the district engineer will send you a proffered permit for your <br />reconsideration, as indicated in Section B below. <br />T ''ROFFERED PERMIT: You may accept or appeal the permit. <br />• ACCEPT: If you received a Standard Permit, you may sign the permit document and return it to the district engineer for final <br />authorization. If you received a Letter of Permission (LOP), you may accept the LOP and your work is authorized. Your signature on <br />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, <br />including. its terms and conditions, and approved jurisdictional deten-ninations associated with the permit. <br />• APPEAL: If you choose to decline the proffered permit (Standard or LOP) because of certain terms and conditions therein, you may <br />appeal the declined permit under the Corps of Engineers Administrative Appeal Process by completing Section II of this form and <br />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. <br />C. PERMIT DENIAL: You may appeal the denial of a permit under the Corps of Engineers Administrative Appeal Process by <br />completing Section II of this form and sending the form to the division engineer. This form must be received by the division engineer <br />within 60 days of the date of this notice. <br />D. APPROVED JURISDICTIONAL DETERMINATION; You may accept or appeal the approved JD or provide new information. <br />• 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 <br />this notice, means that you accept the approved JD in its entirety, and waive all rights to appeal the approved JD. <br />• APPEAL: If you disagree with the approved JD, you may appeal the approved JD under the Corps of Engineers Administrative Appeal <br />Process by completing Section II of this form and sending the form to the division engineer. This form must be received by the division <br />engineer within 60 days of the date of this notice. <br />E. PRELIIvIINARY JURISDICTIONAL DETERMINATION: You do not need to respond to the Corps regarding the preliminary JD. <br />The Preliminary JD is not appealable. If you wish, you may request an approved JD (which maybe appealed), by contacting the Corps <br />,district for fizrther instruction. Also you may provide new information for further consideration by the Corps to reevaluate the JD. <br />~I - <br />
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