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6.1. SR 01-22-2008.^~/ City of Elk -`-~ River To Item Number Ci Council 6.1. Agenda Section Meeting Date Prepared by Community Development January 22, 2008 Rebecca Haug, Environmental Administrator Item Description Reviewed by Request by Kevin Meland for Extension of Interim Use Permit, Jerem Barnhart, Plannin Mana er Case No. CU 08-01 -Public Hearing Reviewed by Action Requested Staff and the Planning Commission recommend denial on the Interim Use Permit Extension for Kevin Meland. Summary The applicant received''an interim use permit (IUP) to mine 7.25 acres on October 25, 2005. Approximately 24,000 cubic yards of material was proposed to be mined within two (2) years so a rezone and license were not required. Currently, only a quarter of the ponds have been excavated. Planning Commission Discussion The Planning Commission recommended denial of the interim use permit. The use is not consistent with the City's Comprehensive Plan as it is not zoned for Mineral Excavation. The reason behind issuing an interim use permit was so the applicant would not have to be licensed and obtain a conditional use permit, similar to the other mineral excavation operations in the City. The applicant has stated that due to the slow market, the mining operation has not progressed as rapidly as originally thought. While this slowdown is out of the applicant's control, it is equally impossible to determine when the market will again support the use. The IUP process was intended to allow generally small users the ability to capture the mineral deposits with minimal interference from the government, with the understanding that the impact to the adjacent property owners would be short-lived, i.e. two years. Because the time frame is impossible to determine, it is prudent to deny the extension of the IUP and require the applicant to pursue a formal rezoning and hcensure process, guaranteeing adjacent property owners the opportunity for comment. Public Comment Staff received two phone calls from the public who were against the issuance of an IUP extension. Attachments • Staff Report to Planning Commission dated January 8, 2008 • Memo dated November 25, 2007 from Kevin Meland • Location Map • a vicinity map S:\PLANNING\Case Files\CUP\CU 08-01 Meland\REQUUST COUNCIL ACTION.doc Certificate of Survey and project description map Application for Conditional Use Permit for Mineral Excavation by Kevin Meland dated September 20, 2005 Letter of Approval from the Army Corps of Engineers COUIlC1I ACtlOtl Motion by Second by Vote Follow Up S:\PLANNING\Case Files\CUP\CU 08-01 Meland\REQUFST COUNCIL ACTION.doc REQUEST FOR ACTION To ' Item Number Plannin Commission 5.1. Agenda Sectiob Meeting Date Prepared by January 8, 2008 Rebecca Haug, Environmental Admin Item Description Reviewed by Request by Kevin', Meland for extension on Interim Use permit for minin MN Statute 15.99 (60 day rule) status: The application has been deemed complete as of November 26, 2007. The City must approve, approve with conditions, or deny the project by Februa 26, 2008. GENERAL INFORMATION: A licant: Kevin Meland Requested Action Extension of Interim Use Permit Location and Size: 22826 Ells Lake Rd, Lot 2, Block 1 and parcel B, Dunham Addition Location Existing Land Use Land Use Plan Designation Current Zoning Property in Question Agricultural Agricultural A-1 North Liponia Township South Agricultural Agricultural A-1 East Agricultural Agricultural A-1 West Agricultural Agricultural A-1 Introduction Kevin Meland is requesting an extension on his interim use permit (IUP) for mining. Case File: CU 08-01 Kevin Meland IUP Page 2 City of Elk River Attachments • Memo dated November 25, 2007 from Kevin Meland • Location Map • a vicinity map; • Certificate of Survey and project description map • Application for Conditional Use Permit for Mineral Excavation by Kevin Meland dated September 20, 2005; • Letter of Approval from the Army Corps of Engineers Action Requested Approve an extension of an Interim Use Permit (CU 08-01) for Kevin Meland to mine 7.25 acres (approximately 24,000 cubic yards of material), subject to the following conditions: 1. STAFF'S DECISION ON THE WCA IS NOT OVERTURNED ON AN APPAL. 2. MR. MELAND RECEIVES APPROVAL FROM SHERBURNE COUNTY PUBLIC WORKS TO ACCESS COUNTY ROAD 1 FOR HAULING. 3. ALL WORK IS COMPLETED WITHIN ONE (1) YEAR OF PROJECT EXTENSION APPROVAL. 4. THE MAXIMUM DEPTH FOR THE PONDS IS SIX (6) FEET AND SLOPES ARE A MAXIMUM OF 6 TO 1. 5. ALL SPOILS REMOVED FROM THE WETLAND ARE DEPOSITED ON UPLAND AREAS. Planning Commission Action Morton by Second by Vote Follow Up Overview The applicant received an IUP in 2005. The mining was to be completed within 2 years, therefore, a formal zoning amendment, CUP and license was not necessary. Currently, only a quarter of the ponds have been excavated. Applicable Regulations Standards for Issuance of a Conditional/ Interim Use Permit (Section 30-654) The issuance of a Conditional Use Permit can be ordered only if the use at the proposed location: C:\Usexs\dhuebner\AppData\Local\Microsoft\Windows\Temporary Internet Files\OLK87E4\Staff report to PC.doc Case File: CU 08-01 Page 3 Kevin Meland IUP City of Elk River 7. 1-Vill not endanger, injure or detrimentally affect the use and enjoyment of other property in the immediate vicinity or the public health, safety, morals, comfort, convenience orgeneral avelfare of the neighborhood or the city. 2. 1Ylill be consistent ~arith the comprehensive plan. 3. 1-Vill not impede the normal and orderly development and improvement of surrounding vacantproperty. 4. mill be served adequately by and avill not adversely affect essential public facilities and services including streets, police and fire protection, drainage, refuse disposal, water and seaver systems, parks and schools; and mill not, in particular, create tra~c congestion or interference with tra~c on adjacent and neighboring public thoroughfares. S. Weill not involve uses, activities, processes, materials, equipment and conditions of operation that avill be detrimental to any persons or property because of excessive tra~c, noise, smoke, fumes, glare, odors, dust or vibrations. 6. Will not result in the destruction, loss or damage of a natural, scenic or historic feature of major importance. 7. Dill fully comply avith all other requirements of this Code, including any applicable requirements and standards for the issuance of a license orpermit to establish and operate the proposed use in the city. If denial of such a permit should occur, it shall accompany recommendations or determinations by findings or a report stating how the proposed use does not comply with the standards set forth in Section 30-654. In the review of the standards for CUP as outlined, it appears that the operation is not consistent with all of these standards. Analysis The use is not consistent with the city's Comprehensive Plan as it is not zoned for Mineral Excavation. The reason behind issuing an interim use permit was so the applicant would not have to be licensed and obtain a Conditional Use Permit similar to the other mineral excavation operations in the City. The applicant has stated that due to the slow market, the mining operation has not progressed as rapidly as originally thought. While this slowdown is out of the applicant's control, it is equally impossible to determine when the market will again support the use. The IUP process was intended to allow generally small users the ability to capture the mineral deposits with minimal interference from the government, with the understanding that the impact to the adjacent property owners would be short-lived, i.e. two years. Because the time frame is impossible to determine, it is prudent to deny the extension of the IUP, and require the applicant to C:\Users\dhuebner\AppData\Local\Microsoft\Windows\Temporary Internet Files\OLK87E4\Staff report to PC.doc Case File: CU 08-01 Page 4 Kevin Meland IUP City of Elk River pursue a formal rezoning and licensure process, guaranteeing adjacent property owners the opportunity for comment. Recommendation Because the request is not consistent with the Standards for an Interim Use Permit, Staff recommends the Planning Commission deny the interim use permit as noted above. C:\Users\dhuebner\AppData\Local\Microsoft\Windows\Temporary Internet Files\OLK87E4\Staff report to PC.doc To: Rebecca Haug City of Elk River RE: Interim use permit extension For: Kevin Meland 22826 Elk Lake Rd Elk River, Mn 55330 11 /25/07 Rebecca, I am writing you about my mining and conditional use permit. My original permit expires in November of this year, however because of weather circumstances over that last two winters, I have only been able to dig on quarter of the ponds. The winter of 2005 did not produce enough frost in the wetland to be aggressive enough to get what I needed done. The winter of 2006 produced too much frost in a very short time so I couldn't get enough out. I am asking you to extend the permit for a maximum of one year with the understanding that I cannot extend it again. I have complied with the rules attached to these permits and have kept a clean working environment. I have not heard of any complaints from neighbors. I purchased a new larger excavator last October while business was booming. At the time we were digging 3-4 basements a week for a very large business, however this spring things changed drastically with the housing market taking a big drop in sales. We are not digging hardly any basements any more so the black dirt mining business is going to be what we are going to completely focus on. We have sold the dirt as fast as we can dig it and I already have customers who want the rest of the dirt as it comes out of the ground. I am confident that we can finish the project in the next year easily. We will get started tomorrow (11-26-07) at digging black dirt again. Thank you for all the work you put into this originally and I appreciate you taking the time to look at this for me. Sincerely, Kevin Meland z z o U w z m ~ z ~ ~ r o z j ~ O z m a ~ ~ z z 2 ~ D m w J w z O [a- ~ O Z ~ Y ~ ~ Z O ~ w p ~U m Q N ~ ~ s 1 o n z z o z ~ m O o ~ Y W ~ ~ ~ v=i ? O ~ K tt ~ x ~ > ~ d <n m O d O z~ O ~ T~ / 0 not t ~ ELK ttt f _ \ r~\ ~~ N ~ ~. -{i ._.. - - - I _ A .. ~ ~ ~ + ( / F~ _ ~ _L+ II 3 I W _ N C1 _,~:. a 3 - _ I I ~ } } 22151 AVENUE I + I I I I A~ENVE R1vER ry a I I I '?j ~I \I UFF ~p ~ _ ~~ ~~ -EAD - --~---- ~ ~E - pSOR PARK 3g~ ~ ~ ~~ R 5 o ~ e~, ~ ~ T~ ES w N ACR '~ ,z I_ ~ ~ V" b_~~ ~W ~N~~~R / K ~Tr~ M~A~ PAft ~ ~ ~ ~ I I 1 \ ~~ / / ~ 5 0o 0~~ G~ 0 5 ~~ ~j Location Map City of N Elk -~-~ "" Case Number: KEVIN MELAND River APPLECAT{O~IS'o~dILL hIOT BE ACCEPTED PRIOR TO DEADLIf~IE DATE (See attached Planning Commission and City Council Meeting Schedule) Case Number: t~~~~' f~ '. Planning Department ...-:: Land se Application Form Revised September 6. 2005 Application Type Fee Consultant Retainer Admiuist~ative Subdivision $300.00 $500.00 Conditional Use Permit Residential $3DQ,p4 0 Commercial/Industrial/Institutional $500. $1;000.00 Easement Vacation Street, D e/LT $250.00 $3 GeneralPlannin Permit $100.00 No Recor ' R aired InterimUse Permit Residential $300.00 $200.00 CommeraaV dusrrial $500.00 $1,000.00 Ordinance or Laud Use Amendment $400.00 Plat Prelimin $1,000.00 + $5 ea. add'1 >50 $1,000.00 Final $200.00 Site Plan Review $300.00 $1,000.00 SubdivisionExem tion $100.00 ZTananrP or A eal of Zo Decision $200.00 Zone $400.00 RECORDING FEE A lications w/No Retainer $46.00 Purpose of Feeds and Retainers Fees The application fe';es that are charged are used for postage to mail the required notices to adjacent properties, publication of the public hearing notice in the Elk River Star News, and .for a small portion of staff time for case review and preparation of documents. Retainers The City uses consultants for engineering, law, and environmental reviews. The retainer is used to pay these consultants for review of land u.se cases. Once the retainer is used, the applicant or responsible party will be billed for these services (see Agreement to Pay Costs of Review). Proper~Ey Information ..mss--_ ~p ~ _ G/G~ Address: ~-~ r]-~. S. ~~~,,,.~~ .~. Parcel Number. 75 ~lo - C~//r7 Legal Description:) (attach if necessary} t~-~-~~~.~-~-- ~~~ ~~ ~ ~~ ~,.;.v~~c~,~.s~ ~~ ~°'~ Applicant Information Name: .~~ i ~` C~.. E-mail address: ~~` Address:. ~1` I~ L~ I\°! ~ 1~ ~~ ~i~ ~~~ Phone (w}: i ~j Fax: Phone I prefer that my copy o s reports be sent . y: In ass a Fax ~ E-mail '(C eck one Signature: Date: ~-~~ ~_ ~~~~~51 Planning Land Use Application Page 2 ®wner Information Name: ~ IVY, ~~~~I`~.t'1~ E-mail address: Address: ~ L~. Q tu~I~ ~1~,~-~ ~~?~ ~ , cStreet~~ nn ~ City State Zip Code Phone (w): ) !;+`Fi:~'~ ~ Fax: ~-~ Phone ~~ I prefer that my copy of staff reports be sent by: t CIas Mail ax ~ E-mail (Check one) Signature: " ~-'l_/ Date: ~ ~' ~ `' ~ Bi[Iing Information (if different from either applicant or owner information) Name: Address: Street State .Zip Code V` Phone (w): Fax: Pone ~: Signature: Date: ~~~ Agreement to Pay Costs of Review: It is the policy of the City of Elk River to require applicants fox land use approvals and licenses to reimburse the City fox costs incurred by the City in reviewing and acting upon applications, so that these costs are not' borne by the taxpayers. of the City. These costs include all of the City's out-of- pocket costs fox expenses, including the City's costs for review of the application by the City's environmental Coxlsultant, City Engineer, City Attorney, or other consultants, and may also include a charge for extra staff time to process particularly complex applications. The City will bill the applicant for these costs as they are incurred, and payment will be due within thirty (30) days of mailing of the bill. If payment is not received as required by this by this agreement, the City will suspend the application review process and may deny the application for failure to comply with the requirements fox processing the application. Payment for costs will be required whether the application is granted ox denied. The undersigned has received the City's policy regarding the payment of costs of review, understands that reimbursement to the City of costs incurred in reviewing the application will be required as set forth in the policy, agrees to reimburse the City as required in the policy and make payment when billed by the City, and agrees that the application may be denied for failure to reimburse the City fox costs as provided in the poli ! f~. ~ Signature: ~'C..1~ Date: ~~~~~ ~ ~~ r « s6t N . t ~~ ~ ass, .,.. ,. -?•' ._ q. .*~ . _. S:\PLANNING\Fonns\Application Fomu\Application Foan Revised Ol 24 05.doc Planning Land Use Application Page 3 Description of Project/Requestl~ar~--o or Pig ~~. ~~~-C ~ ~~~ Submission Requirements The Cite requires six (6) copies of all required drawings. DRAWINGS SHALL BE FOLDED, at a scale no smaller than 1"=50', and no larger than 24"x36" in size. One (1) set of 11"x17" reductions is also required. All required infortna.tion must be submitted on the application date in order for an application to be considered complete. Incomplete applications wi11 not be accepted/processed m accordance with MNStatutes Chapter 15. For all applications: ^ Site Plan ^ Labels for Property Owners within 350 feet of the Subject Parcel (Obtained from the Sherburne'County Auditor/Treasurer's Office; 13880 Highway 10 NW, EIk River 1-800- 438-0575 or 763/241-2594) * LABELS NOT REQUIRED FOR GENERAL PLANNING PERMITS, SITE PLAN REVIEW, FINAL PLAT, OR SUBDIVISION EXEMPTIONS. ^ AIl submitted hard copy graphics shall also be provided on a CD in .pdf format, no larger than 11" x''17" at 300 dpi, unless waived by staff (floppy disks will not be accepted). (SEE ATTACHED INFO REGARDING CAD DRAWING REQUIREMENTS) For Administrative Subdivisions: (applies to subdivisions of four (4) or fewer lots on metes and bounds property with no road construction required) ^ Simple Plat _ ^ Existing/proposed Right of Way ^ Primary and Secondary Septic Locations ^ Wetlands ^ County Review Letter, if adjacent to County Road For Lot Splits: (applies to two (2) lot split of Lot and Block property) . ^ Certificate of Survey ^ County Review Letter, if adjacent to County Road For Easement Vacations: ^ Legal Description of Easement or Street to be Vacated For Final Plats: ^ Sig (6) copies of the final plat plus one (1) 11 x 17 reduction ^ One (1) area map showing lot, outlot, and right of way areas by acreage ^ Electronic ~orm of final plat (see separate handout) 5:\PLANNING\Foans\Application Foans\Application Foan Revised Ol 24 05.doc Please describe pour project/reason for pour request. If necessary, attach a written narrative. .• DEPARTMENT OF THE ARMY ` ~. ST. PAUL DISTRICT, CORPS OF ENGINEERS 190 FIFTH STREET EAST ST. PAUL MN 551 Q1-1638 _ August 25, 2005 REPLY TO TTEN710N OF perations Regulatory (2005-5066-YSB) Mr. Kevin Meland 22826 Elk Lake Road _ Elk River, MN 55330 Dear Mr. Meland: This concerns your proposed construction of four wildlife ponds in an unnamed. wetland for the purpose,of wildlife habitat. Approximately 24,000 cubic yards of material would be excavated and trucked to an upland disposal site. The project is located in the NW 1/a of Sec. 5, T. 33 N., R. 26'W., Sherburne County, Minnesota. The Corps of Engineers regards the use of mechanized earth-moving equipment to conduct excavations in waters of the US, including most wetlands, as resulting in a discharge of dredged material unless project specific evidence shows that the activity results in only incidental fallback. Incidental fallback is the redeposit of small volumes of dredged material that is incidental to excavation activity when such material falls back to substantially the same place as the initial removal. Examples of incidental fallback include soil that is disturbed when dirt is shoveled and the back-spill that comes off a bucket when such small volume of soil or dirt falls into substantially the same place from which it was initially removed. A Clean Water Act Section 404 permit is not required provided that all of the following conditions would be met: 1. There will be no movement of material within the wetland, except for the excavation of dredged material that is placed directly into trucks or deposited in an upland area by the use of a backhoe or high hoe. While incidental fallback from the excavator is not a regulated discharge, our jurisdiction may be triggered if there is excessive spillage between the bucket and the tnzck or the bucket and the upland disposal area. 2. No other earth moving activities will occur in the wetland, including grading or mechanized land clearing. These activities result in discharges of dredged or fill material, which~requires authorization by the Corps under the Clean Water Act (Corps permit) prior to commencing the work. 3. None of the dredged material will be side cast or temporarily stockpiled within any wetland areas. Sidecasting or stockpiling materials in jurisdictional wetlands requires a Corps permit prior to commencing the work. 4: There will be no construction of temporary access roads in wetlands or the use of mats to support equipment in wetlands. .These activities would constitute a discharge of dredged or fill material and require a'Corps permit prior to commencing the work. ~/~~~= CEMVP-OP-R-2005-5066-YSB 5. There would be no bank shaping or placement of riprap within the excavated area or wetland limits. These activities would also constitute a dischazge of dredged or fill material and require a Corps permit prior to commencing the work. 6. There would be no construction of structures within the wetland that could have the effect of fill, which may require a Corps permit prior to commencing the work. Any activity that results in more than the incidental fallback of dredged material into a water of the U. S. during the construction of the proposed action would require a Corps permit under §404 of the Clean Water Act. Section 301 of the Clean Water Act (33 U.S.C. § 1311) prohibits discharges of dredged or fill material into Waters of the United States, including wetlands, unless the work has been authorized by a Department of the Army permit under section 404 (33 U.S.C. 1344). Violations of the Clean Water Act can result in administrative penalties, civil penalties of up to $27;500 per day of violation, criminal fines or imprisonment. Restoration of the site to its pre-violation condition may-also be required. It is strongly recommended that the depth of the pond not exceed 3 feet and that one larger pond be constructed in lieu of several smaller ponds. Enclosed is an approved jurisdictional determination. The wetland areas on your project site are part of the tributary system to the Mississippi River, a navigable water of the United States. Those wetland areas are, therefore, within the Corps of Engineers regulatory authority under the Clean Water Act. If you disagree with the enclosed jurisdictional determination, you may appeal this decision. Please follow the directions in Section D of the enclosed Notification of Administrative Appeal Options and Process and Request far Appeal If any change in design, location, or purpose is contemplated, contact this office to avoid doing work that may be in violation of Federal law. PLEASE NOTE THAT THIS LETTER DOES NOT ELIMINATE THE NEED FOR STATE, LOCAL, OR OTHER AUTHORIZATIONS, SUCH AS THOSE OF THE DEPARTMENT OF NATURAL RESOURCES OR CbUNTY. If you have any questions, please contact Ms. Yvonne Berner in our St. Paul District Office at (651) 290-5365. In any correspondence or inquiries, please refer to the Regulatory number shown above. Sincerely, ~~ bert~f Whiting ~~ hief, Regulatory Branch Enclosure NOTIFICATION OF ADMINISTRATIVE APPEAL OPTIONS AND PROCESS AND .REQUEST FOR APPEAL `•~plicant. Kevin Meland File Number: 2005-5066 Date: August 25, 2005 _ached is: See Section below INITIAL PROFFE ' D 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://usace.army.miUinet/functions/cw/cecwo/reg or Corps regulations at 33 CFR Part 331. A. INITIAL PROFERRED 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 fmal 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 alI rights to appeal the permit, including its terms end conditions, and approve 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 Ietter, 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. T ''ROFFERED 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 deten-ninations 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. PRELIIvIINARY 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 maybe appealed), by contacting the Corps ,district for fizrther instruction. Also you may provide new information for further consideration by the Corps to reevaluate the JD. ~I - :EMVP-aP-R (MVP-2005-5066-YSB ECTION II -REQUEST FOR APPEAL or OBJECTIONS TO AN INITIAL PROFFERED PERMIT EASONS FOR APPEAL OR OBJECTIONS: (Describe your reasons for appealing the decision or your objections to an initial ~ered permit in clear concise statements. You may attach additional information to this form to clarify where your reasons or ejections are addressed in the administrative record.) >DITIONAL INFORMATION: The appeal is limited to a review of the administrative record, the Corps memorandum for the record the appeal conference or meeting, and any supplemental information that the review officer has determined is needed to clarify the ninistrative record. Neither the app~llant nor the Corps may add new information or analyses to the record. However, you may provide iitional information to clarify the location of information that is already in the administrative record. INT OF CONTACT FOR QUESTIONS OR INFORMATION. you have questions regarding this decision and/or the appeal If you only have questions regarding the appeal process you may also ~cess you may contact: contact: U.S. Army Corps of Engineers Division Engineer Regulatory Branch c/o Martha S. Chieply, Appeal Review Office 190 East Fifth Street CEMVD Saint Paul, MN 55101 P. O. Box 80 Telephone: 651-290-5365 Vicksburg, MS 39181-0080 Telephone (601) 634-5820 iHT OF ENTRY: Your signature b' low grants the right of entry to Corps of Engineers personnel, and any government consultants, to ~ duct investigations of the project si e during the course of the appeal process. You will be provided a 15 day notice of any site estigation, and will have the opportunity to participate in all site investigations. Date: Telephone number: nature of appellant or agent. on of August 2000. Previous editions obsolete. ~,, I r 4 a..., .~... .. v r. t ...,... __ ,- ._.._ - ,.... „.a.~.. ,..~w.R-. r. ,~ _ .,. 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