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NOTIFICATION OF <br />ADNIINISTRATIVE APPEAL OPTIONS ANO PROCESS AND <br />REQUEST FOR APPEAL <br />File Number: SPA-2008-465 Date: 11/21/2008 <br />Applicant: Mr. Tim Kunau See Section below <br />Attached is: i <br />I? <br />INITIAL PROFFERED PERMIT (Standard Permit or Letter of Permission) A <br />PROFFERED PERMIT (Standard Permit or Letter of Permission) C <br />PERMIT DENIAL D <br />X APPROVED JURISDICTIONAL DETERMINATION E <br />PRELIMINARY JURISDICTIONAL DETERMINATION <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.mil/inet/functions/cw/cecwo/reg or Corps <br />regulations at 33 CFR Part 331,: - - --- --- • -_ -- ; - - _. -- <br />.A: INITIAL PROFFERED PERMI I': You may accept or object to the permit. <br />I <br />ACCEPT: It' you received ,t Standard Permit, you may sign the permit document and return it to the DISTRICT ENGINEER for final <br />authorization. II'you received a Letter of Permission (LOP), you may accept the LOP and your work is authorized. You si,ln;nure <br />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 <br />permit. including its terms and conditions, and approved 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 permit <br />be modified accordingly. You must complete Section II of this form and return the form to the district engineer. Your objections <br />must he received by the DISTRICT ENGINEER within 60 days of the date of this notice, or you will forfeit your right to appeal the <br />permit in the future. Upon receipt of your letter, the DISTRICT ENGINEER will evaluate your objections and may: (a) modify the <br />permit to address all of your concerns, (b) modify the permit to address some of your objections, or (c) not modify the permit having <br />determined that the permit should be issued as previously written. After evaluating your objections, the DISTRICT ENGINEER will <br />.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 />\CCE:PT: 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 signauuc <br />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 <br />permit, including its terms and conditions, and approved jurisdictional determinations 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 mad <br />appeal the declined permit under the Corps of Engineers Administrative Appeal Process by comp leting Section If of this form and <br />sendinL, the form to the DIVISION (not district) ENGINEER (address on reverse). This form must be received by the DIVISION <br />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 oV <br />completing Section II of this form and sending the form to the DIVISION (not district) ENGINEER. This form must he received by the <br />ntvtcinN (not rfiorict) ENGINEER within 60 days of the date of this notice. <br />D: APPROVED JURISDICTIONAL DETERMINATION: You may accept or appeal the approvecl JU or provtut: <br />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 this <br />I 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 Administratiyc Appcal <br />Process by completing Section II of this form and sending the form to the DIVISION (not district) ENGINEER (address tin reverse). <br />This torn) must he received by the DIVISION ENGINEER within 60 days of the date of this notice. Exception: JD appeals hued on <br />new information must be submitted to the DISTRICT ENGINEER within 60 days of the date of this notice. <br />EXCEPTION: Appeals of'Approved Jurisdictional Determinations based on new information must he submitted to the District engmcer <br />,xithin 60 days of the date of this notice.