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1���1 <br /> ' ' Appeal ProceSs Fact Sheet <br /> us nmy co�y� 27 April 200G � <br /> 01 Englneers s. <br /> S��c oi:Li.�. <br /> Our Iener cites a Depa�ment of the Mny administrative xppeal rule for permit decisions <br /> and approved jurisdictional detertninations that went into efl'ect March 9, 1999. In accordance <br /> with this rule, µ�e have included n Notificarion oj.9dminrsrrurive Appea!Options and Yrucess <br /> and Reguesr jor Appeal form of which Section 1 is the Noti6cntion of Appeal Process (NAP) fact <br /> shcct and Scction II is the Requcst for Appeal (RFA) fortn. <br /> If a petmit dccision was madc, you may dedine to accept a pertnit if you object to any of the <br /> tcrtns oT conditions, and you bclie��e that these terms or conditions are based on proccdural <br /> crrors; incorrect data; omission of fact; incocrect application of current Federal manual or <br /> guidance associated with wetlands; or incortect applicetion of a law, regulation, or policy that <br /> govems our permit program. Gacc you accept thc pertnit,you waivc the right to further appeal <br /> unless wc latcr modify thc perniit. <br /> If you object to lhis pertnit decision or jurisdictional delertnination, you ma�• request an <br /> administrative nppcal under Corps regulalions at 33 CFR Pan 331. As stated prcviously, <br /> enclosed you will find a Nolificalion ofAppea!Oplions and Pruces.s and Reques(fa�Appeal <br /> form. If you rcquest to appcal this determination, you must submit a complctcd RFA form to the <br /> Division Engincer at the following address: <br /> Division Engincer <br /> U.S. Army Corps of Enginccrs, Northwest Di��ision <br /> Karcn Kochcnbach, Regulatory Program Managcr <br /> Post Officc Hox 2870 <br /> 1'ortland, Oregon 97208-2870 <br /> Tclephonc: (503) SOS-3888 <br /> In order for an RFA to be accepted by the Corps, the Corps must dclertnine that it is <br /> complctc,thal it mects th: critcrie for appcel undcr 33 CPR part 331.5,and that it has bccn <br /> received by the Division �Pfice within 60 deys of the date of the NAP. ShoulJ you decide to <br /> submit an KPA form, it must be reccivcd at the above address by the 60'h day. "Duy 1" is <br /> designated as the date of the NAP form. "llay GO" is designatcd :u the 60'h calendar day a�ler the <br /> datc of thc NAP form, with thc ofFcial counling of calendar days bcginning on "Day I" ns <br /> designated sbovc. Whcn "Uay 60" is a iradilional non-working d:ry (e.g., a holiday or a <br /> wcckcnd), thc 60 day timcframc is cxtcnded m�hc ncxt busincsa day. Our Division 011icc has <br /> 90 days to resolve the appeal with you once your completed anJ acceptable NAO-RFA form has <br /> hccn reccived. <br /> It is not necessary to submit an R�A forni to the Division ot'fice if you do nol object to the <br /> decision or detcrmination in our Icucr. <br /> If you havc any yucslions about your oplions or thc appeal process in gcncral, plcxsc contact <br /> the projcct manager indicated on the fomi. <br />