HomeMy WebLinkAboutNAE-2008-3660_20231017_Proferred_Permit_EnclosuresNOTIFICATION OF ADMINISTRATIVE APPEAL OPTIONS AND PROCESS AND
REQUEST FOR APPEAL
Applicant: Town of Yarmouth File Number: NAE-2008-3660 Date: 10/17/2023
Attached is: See Section below
X INITIAL PROFFERED PERMIT (Standard Permit or Letter of permission) A
PROFFERED PERMIT (Standard Permit or Letter of permission) B
PERMIT DENIAL C
APPROVED JURISDICTIONAL DETERMINATION D
PRELIMINARY JURISDICTIONAL DETERMINATION E
SECTION I - The following identifies your rights and options regarding an administrative appeal of the above
decision. Additional information may be found at http://www.usace.army.mil/Missions/CivilWorks/Regulatory
ProgramandPermits/appeals.aspx 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. Your objections 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 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.
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 engineer. This form
must be received by the division engineer within 60 days of the date of this notice.
D: APPROVED JURISDICTIONAL DETERMINATION: You may accept or appeal the approved JD or
provide new information.
•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.
E: PRELIMINARY JURISDICTIONAL DETERMINATION: 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.
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. 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.
POINT OF CONTACT FOR QUESTIONS OR INFORMATION:
If you have questions regarding this decision
and/or the appeal process you may contact:
Mr. Robert J. DeSista
Deputy Chief, Regulatory Division
U.S. Army Corps of Engineers, New England District
696 Virginia Road
Concord, MA 01742-2751
Phone: 978-318-8818
Email: robert.j.desista@usace.army.mil
If you only have questions regarding the appeal process
you may also contact:
Ms. Amanda Regan, Regulatory Appeals Review Officer
Operations and Regulatory Division
U.S. Army Corps of Engineers, North Atlantic Division - Fort Hamilton
302 John Warren Avenue
Brooklyn, NY 11252-6700
Mobile phone: 917-831-9105
Email: amanda.m.regan@usace.army.mil
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: Telephone number:
Administrative Appeal Process for Permit Denials and Proffered PermitsDoes the appeal have merit?Division engineer remands decision to district engineer, with specific instructions for reconsideration; appeal process completed.District engineer's decision is upheld;appeal process completed.NOTE: If new information is provided to the Corps, the applicant will be asked if the applicant wishes to revise the project or record. If so, the appeal will be withdrawnand the case returned to the District for appropriate action. If not, then the Division Engineer will rule on the merits of the appeal based on the administrative record without consideration of the new information. However, the new information may cause the District Engineer to take actionunder 33 CFR 325.7, independent of the appeal process.RO reviews record and the division engineerrenders a decision on the merits of the appealwithin 90 days of receipt of an acceptable RFA.Applicant decides to appeal denied permit ordeclined proffered permit. Applicant submits RFAto division engineer within 60 days of date of NAP.
Applicant Options with Initial Proffered PermitDoes the applicant accept the terms and conditions of the proffered permit?Applicant declines the proffered permit. The declined individual permit may be appealed by submitting an RFA to the division engineer within 60 days of the date of the NAP.Applicant/Corps sign standardpermit or applicant acceptsletter of permission.The project is authorized.Applicant/Corps sign standardpermit or applicant acceptsletter of permission.The project is authorized.Initial proffered permit sent to applicant.
Administrative Appeal Process for Approved Jurisdictional DeterminationsDoes the appeal have merit?Division engineer or designee remands decision to district, with specific instructions, for reconsideration; appeal process completed.District's decision is upheld; appeal process completed.To continue with appealprocess, appellant mustrevise RFA. See Appendix D.Applicant decides to appeal approved JD.Applicant submits RFA to division engineerwithin 60 days of date of NAP.Corps reviews RFA and notifies appellant within 30 days of receipt.RO reviews record and the division engineer(or designee) renders a decision on the meritsof the appeal within 90 days of receipt of anacceptable RFA.
Process for Unacceptable Request for AppealReview officer returns RFA for applicant to complete.Division Engineerdetermines RFA isunacceptable.(From Appendix A)Appeal processbegins on date of receipt ofacceptable RFA. (SeeAppendix Afor process.)Does revisedRFA meet criteriafor appeal?