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-°~, <br />NOTIFICATION OF ADMINISTRATIVE APPEAL OPTIONS AND PROCESS AND REQUEST FOR <br />APPEAL <br />A lirant: Northern Colorado Constructors Inc. File Ntmtber: 200080040 Date: June 2 2005 <br />Attached is: See Section below <br /> INITIAL PROFFERED PERMIT Standazd Permit or Letter of rmission A <br /> PROFFERED PERMIT Standard Permit or Letter of ermission B <br /> PERMIT DENIAL C <br />X APPROVED JURISDICTIONAL DETERMINATION D <br /> PRELIMINARY JURISDICTIONAL DETERMINATION E <br />SECTCON 1-The following identifies your rights and options regarding an administrative appeal of the above <br />decision. Additional information maybe fotmd at httpJ/usace.army.nriUineUfunctions/cw/cecwo/reg or <br />s re lotions at 33 CFR Part 331. <br />A: INITIAL PROFFERED PERMIT: You may accept or object to tyre ptxmit. <br />• ACK:EPT: If you received a Standard Permit, you may sign the pamtit 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 yntir 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 all rights to <br />appeal the permit, including its terms and conditions, and approved jurisdictonal detemtirtations associated with the permit <br />• OB,IEG 1': 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 [[ of this form and return the form to the district engineer. Your <br />objections must 6e received by the district engineer within 60 days of dre date of this notice, or you will forfeit your right to <br />appeal the permit in the future. Upon receipt of your letter, the district engineer will evaluate your objections and rnay: (a) <br />modify tha permit to address all of your concerns, (b) modify the permit to address some of your objections, or (c) not modify the <br />permit having determined that the permit should be issued as previously w: itten. After evaluating your objections, the district <br />eoginxr will send you a proffered permit for your reconsideration, as indicated in Section B below. <br />B: PROFFERED PERMIT: You may accept or appeal the permit <br />• ACCEPT: If you received a Standard Permik 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 actxpt the LOP and your work is authorized, Your <br />sig>aature on the Standard Permit or acceptance of tha LOP means that you accept the permit in its entirety, and waive all rights to <br />appeal the permit, including its terms and conditions, and approved jurisdictional determirrationsossociated with the permit <br />• APPEAL: If you choose to decline the proffered permit (Standard or LOP) because of eertain terms and conditions therein, you <br />may appeal the destined permit under the Corps of Engineers Administrative Appeal Process by completing Section II of this <br />form and swding the form to the division engineer. This form must be received by the division cngirreer within 60 days of the <br />date of this notice. <br />C: PERMIT DENIAL: You may appeal the deaia{ of a pemrit under the Corps of Engineers Admioisttarive 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 DETERA4INATION: You may accept or appeal the approved JD or <br />provide new informafion. <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 <br />of 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 <br />Appeal Process by completing Section II of this form and sending the form to fhe division engineer. This form must be received <br />by the division engineer within 60 days of the date of dris notice. <br />E: PRELIMINARY JURISDICTIONAL DETERMINATION: You do not need to respond to the Corps <br />regarding the preliminary JD. The Preliminary JD is not appealable. If you wish, you may request an approved <br />VD (which may be appealed), by contacting the Corps district for further instruction. Also you may provide <br />new information for further consideration by the Corps to reevaluate the JD. <br />s2 <br />S''d 9089 S99 EOE a9eneS 43?P3 eES:9[I Gft 90 Urtr <br />