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HomeMy WebLinkAbout25_AJD- Urban FarmNOTIFICATION OF ADMINISTRATIVE APPEAL OPTIONS AND PROCESS AND REQUEST FOR APPEAL Applicant: Mr. Steve Borup, Laurel Parkway LLC File No.: NWO-2022-00381-MTH Date: April 19, 2022 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 C X 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/cecw/pages/reg_materials.aspx or USACE 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 (address on reverse). 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 (address on reverse). 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 USACE to accept an approved JD. Failure to notify the USACE 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 (address on reverse). 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 USACE 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 USACE district for further instruction. Also, you may provide new information for further consideration by the USACE 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 USACE 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 USACE 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: US Army Corps of Engineers, Helena Regulatory Office Attn: Sage L. Joyce, Montana Program Manager Telephone: (406) 441-1376 Montana.Reg@usace.army.mil If you only have questions regarding the appeal process you may also contact: US Army Corps of Engineers, Northwestern Division Melinda Larsen, Regulatory Appeals Review Officer Telephone (503) 808-3888 Melinda.M.Larsen@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: SPD version revised December 17, 2010 Miles 0.3 10,107 This product is for informational purposes and may not have been prepared for, or be suitable for legal,engineering, or surveying purposes. Users of this information should review or consult the primary data and information sources to ascertain the usability of the information. Feet 1,1770 Legend 589 Location 1,177 04/14/2021 Created By: Created For: Date: Review Area Map Street Names City Limits SPSPSPSPSPSPSPSPSPSPSPSPSPSPSPSPSPSPSPSPSPSPSPSPSPSPSPSPSPSP0'60'120'180'1OF 1AS NOTEDWETLANDDELINEATIONMALBAXTER CREEKCOMMERCIALINFRASTRUCTURE IMPROVEMENTSGALLATIN COUNTY, MTOUTLAW PARTNERSBIG SKY, MONTANA04/29/2021203430HEC Oct 05, 2021 - 3:52pmCAD FILE: M:\203430\Drawings\77 ACRE\X-WETLANDS-77.dwg REVISIONSDATEPROJECT NUMBERHYALITE Engineers, PLLC2304 N 7th Ave. Ste. LBozeman, MT 59715Tel: (406) 587.2781w w w . hyaliteeng. comFax: (406) 522.92252016PRELIMINARY DRAWING SET - 22x34 originalsSCALESHEET TITLEDESIGN BYWETLAND DELINEATIONBAXTER CREEK COMMERCIAL INFRASTRUCTURE IMPROVEMENTSLEGAL DESCRIPTIONA TRACT OF LAND LOCATED IN THE S 12 OF SECTION 9, TOWNSHIP 2 SOUTH, RANGE 5EAST, PRINCIPAL MERIDIAN MONTANA, GALLATIN COUNTY, MONTANA.LEGENDWETLAND BOUNDARYSAMPLE POINTAPPROXIMATE PROPERTY BOUNDARYHUFFINE LANEFALLON STREETWATER LILY DRSPTOTAL WETLAND AREA6.93 ACRESSP3WSP4USP4WSP6WSP6USP5USP7USP8USP8WSP10WSP7WSP10USP9WSP9USP2USP2WSP1WSP1UBAXTER CREEKWETLAND 2 = 0.63 ACRESWETLAND 1 = 4.37 ACRESSP5WSP11WSP11USP3USPW 7SPU 8SPU 6SPW 5SPW 1SPW 4SPU 3SPU 2WETLAND 3 = 1.93 ACRES