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11-8-21
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11-8-21
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6/15/2023 9:41:47 AM
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City Meetings
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Drainage and Flooding Committee
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Agenda Packet
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NOTIFICATION OF ADMINISTRATIVE APPEAL OPTIONS AND PROCESS AND <br />REQUEST FOR APPEAL <br />Applicant: File Number: Date: <br />DUTKO FAMILY PARTNERSHIP, LTD.SWG-2018-008118/30/21 <br />Attached is: See Section <br /> below <br /> INITIAL PROFFERED PERMIT (Standard Permit or Letter of permission) A <br /> PROFFERED PERMIT (Standard Permit or Letter of permission)B <br /> PERMIT DENIAL C <br />X APPROVED JURISDICTIONAL DETERMINATION D <br /> PRELIMINARY JURISDICTIONAL DETERMINATION E <br />SECTION I - The following identifies your rights and options regarding an administrative appeal of <br />the above decision. Additional information may be found at <br />http://www.usace.army.mil/Missions/CivilWorks/RegulatoryProgramandPermits/appeals.aspxor <br />Corps regulations at 33 CFR Part 331. <br />A: INITIAL PROFFERED PERMIT: You may accept or object to the permit. <br /> ACCEPT: If you received a Standard Permit, you may sign the permit document and return it to the district engineer <br />for final authorization. If you received a Letter of Permission (LOP), you may accept the LOP and your work is <br />authorized. Your signature on the Standard Permit or acceptance of the LOP means that you accept the permit in <br />its entirety, and waive all rights to appeal the permit, including its terms and conditions, and approved jurisdictional <br />determinations associated with the permit. <br /> <br /> OBJECT: If you object to the permit (Standard or LOP) because of certain terms and conditions therein, you may <br />request that the permit be modified accordingly. You must complete Section II of this form and return the form to the <br />district engineer. Your objections must be received by the district engineer within 60 days of the date of this notice, <br />or you will forfeit your right to appeal the permit in the future. Upon receipt of your letter, the district engineer will <br />evaluate your objections and may: (a) modify the permit to address all of your concerns, (b) modify the permit to <br />address some of your objections, or (c) not modify the permit having determined that the permit should be issued as <br />previously written. After evaluating your objections, the district engineer will send you a proffered permit for your <br /> <br />reconsideration, as indicated in Section B below. <br /> <br />B: PROFFERED PERMIT: You may accept or appeal the permit <br /> <br /> ACCEPT: If you received a Standard Permit, you may sign the permit document and return it to the district engineer <br />for final authorization. If you received a Letter of Permission (LOP), you may accept the LOP and your work is <br />authorized. Your signature on the Standard Permit or acceptance of the LOP means that you accept the permit in <br />its entirety, and waive all rights to appeal the permit, including its terms and conditions, and approved jurisdictional <br />determinations associated with the permit. <br /> <br /> APPEAL: If you choose to decline the proffered permit (Standard or LOP) because of certain terms and conditions <br />therein, you may appeal the declined permit under the Corps of Engineers Administrative 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 <br /> <br />division engineer within 60 days of the date of this notice. <br /> <br />C: PERMIT DENIAL: Y ou may appeal the denial of a permit under the Corps of Engineers Administrative Appeal <br />Process by completing Section II of this form and sending the form to the division engineer. This form must be received <br /> <br />by the division engineer within 60 days of the date of this notice. <br /> <br /> <br />
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