Corps of Engineers Permit.pdf

DEPARTMENT OF THE ARMY

U.S. ARMY CORPS OF ENGINEERS, CHARLESTON DISTRICT

69A HAGOOD AVENUE

CHARLESTON, SOUTH CAROLINA 29403-5107

March 11, 2025

Regulatory Division

Mr. Chris Vaigneur Environmental Affairs Officer Marine Corps Air Station, Beaufort Beaufort, South Carolina 29904-5001

Dear Mr. Vaigneur:

PLEASE READ THIS LETTER CAREFULLY AND

COMPLY WITH ITS PROVISIONS

This is in response to your August 19, 2024, letter, requesting a modification of the work authorized by Department of the Army (DA) permit (SAC-1998-11510 (formerly known as 98-2D-263)) to replace a fuel pier that was deficient on the Marine Corps Air Station in Beaufort County, South Carolina. The project is located on Brickyard Creek, Beaufort County, South Carolina (Latitude: 32.4659°, Longitude: -80.6917°).

Your request for a modification is granted, and the work must be completed by March 11, 2030.The authorized modification is shown on the attached drawing, entitled “SAC-1998-011510, MCAS- Beaufort, Sheet 1-8 of 8, and dated December 2023.

Modifications to the previously authorized permit include demolishing the existing pier and replacing it with a new one. This entails reconstructing the deck pier with a pile supported approach with one-way vehicle travel lane instead of the existing two-way travel lane. The old deck pier is 187.27 feet long with a 351.92 feet long T-Head with additional two non-driving gangways leading to the existing breasting dolphin structures.

The new single deck pier will be reconfigured as a one-way approach, a smaller footprint, and a reconfigured main decking. Overall, the new structure will be 341.75 feet long x 23 feet wide leading to a 25.5-foot x 50.5’ landing with 157.2 feet x 50-foot-long T-Head Pier. On the southern side of the deck pier a gangway will lead to a 10’ x 14’ platform with a gangway leading waterward to a new boom reel float (40 feet x 26.3 feet). Another gangway will lead from the 10-foot x 14-foot platform and connect to the existing floating dock and canopy. In addition, the following Special Conditions are being added to the DA permit:

h. The permittee understands and agrees that, if future operations by the United

States require the removal, relocation, or other alteration, of the structure or work herein authorized, or if, in the opinion of the Secretary of the Army or their authorized representative, said structure or work shall cause unreasonable obstruction to the free navigation of the navigable waters, the permittee will be required, upon due notice from the Corps of Engineers, to remove, relocate, or alter the structural work or obstructions caused thereby, without expense to the United States. No claim shall be made against the United States on account of any such removal or alteration.

i. Use of the permitted activity must not interfere with the public's right to free navigation on all navigable waters of the U.S.

j. The permittee must install and maintain, at their expense, any safety lights and signals prescribed by the U.S. Coast Guard (USCG), through regulations or otherwise, on authorized facilities. The USCG may be reached at the following address and telephone number: U. S. Coast Guard District Seven, Waterways Management Branch, 909 SE 1st Ave, Suite 406, Miami, FL. 33131, and 305- 415-6755 or 305-415-6750.

k. Floating docks shall be located in areas of adequate depth to ensure that clearance between the float and the bottom is maintained at all times. In areas where the depth is not adequate to maintain clearance, floating docks shall be fitted with structures (i.e. float stops) that prevent the float from contacting the bottom.

l. In order to ensure protection of any threatened or endangered species, and designated critical habitat that may be present in the vicinity of the project area during construction activities, the permittee will comply with the following:

1. The permittee shall instruct all personnel associated with the project of the potential presence of and the need to avoid collisions with protected species, which may include but is not limited to West Indian manatees, Atlantic sturgeon, shortnose sturgeon, sea turtles, wood stork, blue whale, fin whale, North Atlantic right whale, sei whale and sperm whale.

2. The permittee shall advise all construction personnel that there are civil and criminal penalties for harming, harassing, or killing protected species, to include manatee(s), which are protected under the Marine Mammal Protection Act of 1972 and/or the Endangered Species Act of 1973.

3. Any siltation barriers used during the project shall be made of material in which protected species, to include manatee(s), cannot become entangled and must be properly secured, and regularly monitored to avoid protected species entrapment.

4. All vessels associated with the project shall operate at “no wake/idle” speeds at all times while in the construction area and while in water where the draft of the vessel provides less than a four-foot clearance from the bottom. All vessels will follow routes of deep water whenever possible.

5. If protected species, to include manatee(s), are seen within 100 yards of the active construction area all appropriate precautions shall be implemented to ensure protection of the protected species, to include manatee(s). These precautions shall include the operation of all moving equipment no closer than 50 feet to a protected species, to include manatee(s). Operation of any equipment closer than 50 feet to a protected species, to include manatee(s), shall necessitate immediate shutdown of that equipment. Activities will not resume until the protected species, to include manatee(s), has departed the project area of its own volition.

6. Incidents where any individuals of sea turtles, Atlantic sturgeon, shortnose sturgeon, blue whale, fin whale, North Atlantic right whale, sei whale and sperm whale listed by NOAA Fisheries under the Endangered Species Act appear to be injured or killed as a result of discharges of dredged or fill material into waters of the United States or structures or work in navigable waters of the United States authorized by this DA permit shall be reported to NOAA Fisheries, Office of Protected Species at (727) 824-5312, the SCDNR Hotline at 1-800-922- 5431, and the Regulatory Office of the Charleston District of the U.S.

Army Corps of Engineers at (843) 329-8044. The finder should leave the animal alone, make note of any circumstances likely causing the death or injury, note the location and number of individuals involved and, if possible, take photographs. Adult animals should not be disturbed unless circumstances arise where they are obviously injured or killed by discharge exposure, or some unnatural cause. The finder may be asked to carry out instructions provided by NOAA Fisheries, Office of Protected Resources, to collect specimens or take other measures to ensure that evidence intrinsic to the specimen is preserved.

7. The permittee understands and agrees that all in-water lines (rope, chain, and cable, including the lines to secure turbidity curtains) must be stiff, taut, and non-looping. Examples of such lines are heavy metal chains or heavy cables that do not readily loop and tangle. Flexible in-water lines, such as nylon rope or any lines that could loop or tangle, must be enclosed in a plastic or rubber sleeve/tube to add rigidity and prevent the line from looping and tangling. In all instances, no excess line is allowed in the water. Where appropriate, in water wires should be fitted with PVC sleeve from the surface to the bottom to prevent any potential scraping of the passing manatees.

8. The permittee understands and agrees that pilings will be installed using a water jet or vibratory hammer, to the maximum extent practicable. In the event standard pile driving (impact hammer) is utilized, the permittee understands and agrees that a soft-strike procedure (three strikes at 40%-60% energy level once a minute for 3 minutes) must be conducted prior to beginning pile driving activities and after any pile driving interruptions of more than 30 minutes.

9. That the permittee understands and agrees that pile driving activities must be limited to 12 hours per day with a 12-hour rest period between pile driving activities to avoid potential cumulative noise impacts to Federally-listed Threatened and Endangered (T&E) species.

m. In order to ensure protection and reduce potential construction-related impacts to West Indian manatees that may be in the vicinity of the project area during construction activities, to discountable and insignificant levels, the permittee will comply with the following for all projects affecting the coastal waters of South Carolina:

1. The permittee shall instruct all personnel associated with the project of the potential presence of manatees and the need to avoid collisions with manatees. All construction personnel MUST monitor water-related activities for the presence of manatee(s).

2. Any collision with and/or injury to a manatee shall be reported immediately to the U.S. Fish and Wildlife Service contacts: Melanie Olds, South Carolina Manatee Lead, Charleston Field Office, at 843-727- 4707 ext. 205; or Terri Calleson, Manatee Recovery Coordinator, North Florida Field Office, at 904-731-3286.

This letter and the referenced modified drawings must be attached to your copy of the signed permit. This permit was issued under provision of Federal laws for the protection and preservation of the navigable waters of the United States. In accordance with these laws, once a DA Permit authorizing the proposed work is issued, IT SHALL NOT BE LAWFUL TO DEVIATE FROM SUCH PLANS EITHER

BEFORE OR AFTER COMPLETION OF THE WORK,

unless modification of said plans has previously been submitted to and received the approval of the Department of the Army. All other conditions to which the work is made subject remain in full force and effect. Note also that this work appears subject to the jurisdiction of the South Carolina Department of Environmental Services, and you should contact that agency to ascertain their requirements.

In all future correspondence, please refer to file number SAC-1998-011510. If you have any questions, please contact Chantelle Carroll, Project Manager, at 843-329- 8190, or by email at LChantelle.Carroll@usace.army.mil.

FOR THE DISTRICT ENGINEER: Sincerely, Chelsea B. Fannin Chief, South Branch

Attachments Modified Drawing Notification of Appeal Options

Copies Furnished:

Ms. Crystal Fox Burns and Donnell 3545 Whitehall Park Drive, Suite 400 Charlotte, North Carolina 28273 cjfox@burnsmcd.com

SCDES – Bureau of Water 2600 Bull Street Columbia, South Carolina 29201 WQCWetlands@des.sc.gov mailto:WQCWetlands@des.sc.gov

SCDES – Bureau of Coastal Management 1362 McMillan Avenue, Suite 400 North Charleston, South Carolina 29405 OCRMPermitting@des.sc.gov

US Coast Guard Sector Charleston Attention: Waterways Management 1050 Register Street North Charleston, SC 29405 D07-PF-SECTORCHASN-WWM@uscg.mil mailto:OCRMPermitting@dec.sc.gov mailto:D07-PF-SECTORCHASN-WWM@uscg.mil

FIG. NO.

P-502 REPLACE PIER

MCAS BEAUFORT - BEAUFORT, SCDATE

2USGS TOPOGRAPHIC MAP

DECEMBER

2000' 4000'0

NORTH

PLAN

MCAS

BEAUFORT

PROJECT SITE

k2rd9clc Text Box

SAC-1998-011510

MCAS- Beaufort Sheet 1 of 8 k2rdscbb Modified Plans

102 103

FIG. NO.

P-502 REPLACE PIER

MCAS BEAUFORT - BEAUFORT, SCDATE

3PIER COORDINATES

DECEMBER

100' 200'0

NORTH

PLAN

EXISTING PIER TO BE DEMOLISHED

PROPOSED PIER

k2rd9clc Text Box

SAC-1998-011510

MCAS- Beaufort Sheet 2 of 8 k2rd9clc Text Box

SAC-1998-011510

MCAS - Beaufort Sheet 3 of 8

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DO NOT BLOCK

FIRE LANE

DO NOT BLOCK

FIRE LANE

DO NOT BLOCK

FIRE LANE

DO NOT BLOCK

FIRE LANE

DO NOT BLOCK

FIRE LANE

DO NOT BLOCK

FIRE LANE

DO NOT BLOCK

FIRE LANE

DO NOT BLOCK

FIRE LANE

DO NOT BLOCK

PB

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FIRE PROTECTION HPN

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1731481

N40085-18-D-0600

APPROVED BY JEREMY B. GATES P.E.,

MCAS BEAUFORT PWO AND BRYAN GRAPPE

P.E., PROJECT MANAGER, DLA ENERGY

SCALE: 1" = 20'A1 SITE PLAN - AREA 2

NORTH

PLAN

20' 40'0

MA

TC

HL

IN

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FE

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TO

A

1/C S1

SHEET KEYNOTES

1. ASPHALT ACCESS DRIVE

8. SCDOT MGS3 GUARDRAIL

9. CONCRETE LANDING PAD - SEE SHEET S-521 FOR

CONTINUATION

10. ISOLATED CONTAINMENT PAD - SEE SHEET S-501

13. FIRE LANE PAVEMENT MARKING

18. CONCRETE PAD FOR FUEL STRIPPING EQUIPMENT AND

CONCRETE STAIR - SEE SHEET S-121

19. REMOVABLE BOLLARD (TYP OF 13) SPACED AT 5' O.C.

20. SEGMENTAL BLOCK RETAINING WALL

21. RIPRAP SHORELINE STABILIZATION. EXTEND RIPRAP BENEATH

PIER TRESTLE AS SHOWN.

22. REINSTALL EXISTING SIGN. PROVIDE STEEL U-CHANNEL SIGN

POST.

23. CONCRETE PAD FOR BACKFLOW PREVENTER ENCLOSURE -

11'-7" X 7'-1"

SHEET NOTES

1. SEE SHEET C-001 FOR CIVIL NOTES, LEGEND AND ABBREVIATIONS.

2. SEE STRUCTURAL SHEETS SB001 TO SB601 FOR PIER CONSTRUCTION.

A2

CS501

KEY PLAN

CS101 CS102

D2

CS502

A3

CS502

D1

CS501

A1

CS501

C2

CS501

C3

CS502

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12901814

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DLB

k2rd9clc Text Box

SAC-1998-011510

MCAS - Beaufort Sheet 4 of 8

20'-0" 20'-0" 20'-0" 20'-0" 20'-0" 20'-0"20'-0"

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4'-0"

TYP

BELOW, TYP14BELOW, TYP15

1 2 3 4 5 6 7

A

B

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UO

N, T

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EXTENSION FOR

LIGHT POLE, TYP

TYP33

A

A

A

A

A

A

A

A

A

A

A

A

A

A

TRESTLE DECK

ABOVE, TYP

6" BEARING

TYP

TYP27

3'- 0"

TY

P

APPROACH SLAB

20'-0" 20'-0" 20'-0" 20'-0" 20'-0" 20'-0" 20'-0" 19'-0"

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UO

N, T

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TY

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BELOW, TYP14 BELOW, TYP15

8 9 10 11 12 13 14 15

4'-0"

TYP

TRESTLE DECK

ABOVE, TYP

EXTENSION FOR

LIGHT POLE, TYP

TYP33

A

A

A

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A

A

A

A

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A

A

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DRAWFORM REVISION: 25 AUG 2020

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1731481

N40085-18-D-0600

09/05/2024

APPROVED BY JEREMY B. GATES P.E.,

MCAS BEAUFORT PWO AND BRYAN GRAPPE

P.E., PROJECT MANAGER, DLA ENERGY

CGM/ELT

NEK

EJA

HPN

SHEET NOTES

SCALE: 1" = 10'

TRESTLE - PRECAST PANEL PLAN - AREA CA1 SB100

PLAN

NORTH

SHEET KEYNOTES

14. 18" SQUARE PRESTRESSED PRECAST CONCRETE PILE

15. PRECAST CONCRETE BENT CAP

27. DRAIN HOLE BLOCKOUT

30. ELECTRICAL HANDHOLE OPENING

33. PRECAST CONCRETE PANEL

LEGEND

BENT DESIGNATION

PILE ROW DESIGNATION

PRECAST CONCRETE PANEL DESIGNATION, SEE NOTE 1

A

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SCALE: 1" = 10'

TRESTLE - PRECAST PANEL PLAN - AREA BC1 SB100

PLAN

NORTH

MA

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12901847

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GRAPHIC SCALE(S)

0 20'10' 1" = 10'

1. FOR PRECAST CONCRETE PANEL DETAILS, SEE B1/SB509 AND C1/SB509.

k2rd9clc Text Box

SAC-1998-011510

MCAS - Beaufort Sheet 5 of 8

FIR

E LA

N E

D O

N O

T B

LO

C

K

FIRE LANE

DO NOT BLOCK

FIRE LANE

DO NOT BLOCK

FIRE LANE

DO NOT BLOCK

EL 14.7'

EL 14.52'

EL 14.7'

282'-0"10'-5"±

16 1

1 5

'-6

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5'- 0"

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20'-0" O.C.

TYP

SEE26

CL EJ

VALLEY AND

CL TRESTLE

TYP,

SEE28

EL

4.

7'

RIPRAP

REVETMENT

SEE29

5'-9" SCUPPERS: 8 SPA @ 30'-0" O.C. = 240'-0"SCUPPERS

, TYP35

C1

SB528 TYP, SEE25 B4

SB513

APPROACH

CORNER

N 230342.39 E 2094912.59

APPROACH

CORNER

N 230319.62 E 2094915.80

A1

SB523

2'-9 3/4"

CL CURB BREAK,

TYP, SEE

11'-9 3/4"

CL CURB BREAK

C4

SB517

FIRE LANE

DO NOT BLOCK

FIRE LANE

DO NOT BLOCK

FIRE LANE

DO NOT BLOCK

282'-0"

10'-9"

'-2

'-4

9 13

EL 14.7'

EL 14.52'

EL 14.7'

16 1

5'- 0"

'-0

20'-0" O.C.

TYP

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CL TRESTLE

4'-2"

BELOW 24

SEE . 18

EL

4.

7'

SCUPPERS: 8 SPA @ 30'-0" O.C. = 240'-0" 9'-9"

EL 14.7'

SEE29 C1

SB528

B4

SB513

10'-11"4'-10"

EL 14.7'

C1

SB518

C2

SB523

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TYP,

SEE40 B1

SB524

TRESTLE CORNER

N 230395.55 E 2095173.64

TRESTLE

CORNER

N 230345.55 E 2095180.69

TYP,

SEE28 A1

SB523

SEE

7'-6"

21'-9 3/4"

CL CURB

BREAK,

TYP, SEE

CL CURB BREAK

7'-2 1/4"

C4

SB517

A

B

C

D

1 2 3 4 5

1 2 3 4 5

A

B

C

D

SCALE:

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NAVFAC DRAWING NO.

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1731481

N40085-18-D-0600

09/05/2024

APPROVED BY JEREMY B. GATES P.E.,

MCAS BEAUFORT PWO AND BRYAN GRAPPE

P.E., PROJECT MANAGER, DLA ENERGY

CGM/ELT

NEK

EJA

HPN

SHEET NOTES

SHEET KEYNOTES

1. APPROACH TRESTLE

3. PIPELINE CORRIDOR

7. ALUMINUM GANGWAY

16. CAST-IN-PLACE CONCRETE CURB

18. ARMORED EXPANSION JOINT

24. PERMANENT ENVIRONMENTAL BOOM

25. DECK DRAIN

26. CAST-IN-PLACE APPROACH SLAB

28. BENT CAP EXTENSION FOR LIGHT POLE FOUNDATION

29. GUARDRAIL

30. ELECTRICAL HANDHOLE

35. SCUPPER

40. PERMANENT ENVIRONMENTAL BOOM OUTRIGGER

41. LIGHT POLE PEDESTAL

'-6

'-6

A1

SB301

A1

SB301

LEGEND

BENT DESIGNATION1

SCALE: 1" = 10'

TRESTLE - DECK PLAN - AREA CA1 SB100

PLAN

NORTH

MA

TC

H

LIN

E

RE

FE

R

TO

A

1/S B1

MA

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TRESTLE - DECK PLAN - AREA BC1 SB100

PLAN

NORTH

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SB122

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12901849

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KEY PLAN

PLAN

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CB

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B1

SB513

GRAPHIC SCALE(S)

0 20'10' 1" = 10'

A3

SB301

2'-3"

2'-3"

6'-0"

1. FOR FIRE LANE STRIPING SEE SHEET SB130.

2. FOR REINFORCED CONCRETE TOPPING SLAB, SEE .B1

SB511

TRESTLE CORNER

N 230349.25 E 2095206.93

TRESTLE CORNER

N 230399.26 E 2095199.88

A1

SB523SEE41

9'- 0"

'-8

GUARDRAIL AT

EJ, TYP, SEE

B4

SB528

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0"

CL

A

PP

RO

AC

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T

RE

ST

LE

k2rd9clc Text Box

SAC-1998-011510

MCAS - Beaufort Sheet 6 of 8

EXISTING SOUTH

BREASTING DOLPHIN

TYP34

'-4

6'-

EXISTING WALKWAY

FIRE LANE

DO NOT BLOCK

FIRE LANE

DO NOT BLOCK

FIRE LANE

DO NOT BLOCK

SEE 9

TYP,

SEE4

SEE11

4'-

0"

TYP,

SEE19

18'-0"3'-6"

'-4

9'-

9"

TYP,

SEE12

SEE20

12'-6"

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1731481

N40085-18-D-0600

09/05/2024

APPROVED BY JEREMY B. GATES P.E.,

MCAS BEAUFORT PWO AND BRYAN GRAPPE

P.E., PROJECT MANAGER, DLA ENERGY

CGM/ELT

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EJA

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SCALE: 1" = 10'

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9. STAIRS

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11. BARGE ACCESS STAIRS AND CONCRETE PEDESTAL

12. 35 TON CLEAT

13. MARINE LOADING ARM (MLA) AND CONCRETE PEDESTAL

16. CAST-IN-PLACE CONCRETE CURB

18. ARMORED EXPANSION JOINT

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20. SAFETY LADDER

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28. BENT CAP EXTENSION FOR LIGHT POLE FOUNDATION

29. GUARDRAIL

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40. PERMANENT ENVIRONMENTAL BOOM OUTRIGGER

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PIER CORNER

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PIER CORNER

N 230297.49 E 2095215.25

MATCH LINE A-A

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7'-

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k2rd9clc Text Box

SAC-1998-011510

MCAS - Beaufort Sheet 7 of 8

'-3

40'-0"

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TYP 21

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GANGWAY #27

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8'- 0"

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DOCK AND CANOPY

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27'-7 1/2"

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1731481

N40085-18-D-0600

09/05/2024

APPROVED BY JEREMY B. GATES P.E.,

MCAS BEAUFORT PWO AND BRYAN GRAPPE

P.E., PROJECT MANAGER, DLA ENERGY

CGM/ELT

NEK

EJA

HPN

SHEET NOTES

SCALE: 1" = 10'

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PLAN

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2. FUEL PIER

5. MONOPILE DOLPHIN

6. BOOM REEL FLOAT

7. 4'-0" WIDE ALUMINUM GANGWAY

8. GANGWAY PLATFORM

16. 1'-0" WIDE CAST-IN-PLACE CONCRETE CURB

19. BOOM ROLLER GUIDE

21. 18" SQUARE PRESTRESSED PRECAST CONCRETE GUIDE PILE

22. FLOATING DOCK MODULE (18" FREEBOARD)

23. BOOM REEL

24. PERMANENT ENVIRONMENTAL BOOM

29. GUARDRAIL

32. ALUMINUM SECURITY GATE

40. PERMANENT ENVIRONMENTAL BOOM OUTRIGGER

41. LIGHT POLE FOUNDATION

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1. SURVEY CLEAR DISTANCE BETWEEN STRUCTURES PRIOR TO FINALIZING

FABRICATION OF GANGWAYS TO ALLOW FOR ADJUSTMENTS DUE TO

FIELD VARIATIONS.

k2rd9clc Text Box

SAC-1998-011510

MCAS - Beaufort Sheet 8 of 8

-1-

NOTIFICATION OF ADMINISTRATIVE APPEAL OPTIONS AND PROCESS AND

REQUEST FOR APPEAL

Applicant: File Number: SAC- Date:

Attached is: See Section below INITIAL PROFFERED PERMIT (Standard Permit or Letter of permission) A 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.mil/Missions/Civil- Works/Regulatory-Program-and-Permits/appeals/ 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 II 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 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.

-2-

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 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.

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 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.

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, you may contact the Corps project manager who signed the letter to which this notification is attached. The name and telephone number of this person is given at the end of the letter.

If you have questions regarding the appeal process, or to submit your request for appeal, you may contact:

Mr. Philip Shannin, Administrative Appeal Review Officer

CESAD-PDO

U.S. Army Corps of Engineers, South Atlantic Division 60 Forsyth Street, Room 10M15 Atlanta, Georgia 30303-8801 Phone: (404) 562-5137

-3-

SECTION II – 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.

Signature of appellant or agent.

Date:

Email address of appellant and/or agent: Telephone number: