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Appeals Process

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The Corps has an administrative appeal process whereby applicants and landowners may appeal denied permits, issued permits that contain requirements that are unacceptable to the applicant or jurisdictional determinations, which are made by the Alaska District. The request for an appeal of such decisions must be submitted to the Corps within 60 days of the date of the appealable decision. A site visit or an appeal conference or meeting may be conducted during the appeal process.

The Pacific Ocean Division located in Hawaii is responsible for making appeal decisions for the Alaska District. The POD office normally makes a decision on the merits of the appeal based on the administrative record in 90 days. The division will either uphold the district decision or remand the case back to the district with direction for reconsideration of the district’s initial determination. After re-evaluation, the district is to make a final decision. This final decision is not subject to further appeal.

The level of evaluation is on par with the level of the environmental impacts, aquatic functions and values involved in a particular area. Impacts to higher ecological value areas will be subject to a more detailed evaluation and a strong focus on avoidance of impacts to the aquatic environment.

The status and disposition of appeals in the Alaska District is shown below:

Applicant & Location

Processing Number

Type of Appeal Date Received Date Completed Appeal Decision Final District Action
Travis/Peterson Environmental Consulting, Inc., on behalf of Mick Killion POA-1991-673-9 Jurisdictional  9/8/08  11/13/09 Remanded JD being revised
Talbot, Inc. POA-2006-888-M Permit Denial  4/3/08  7/18/08 Denial determined to be a supportable decision, but District instructed to review permits for adjacent structures  
TERRASAT, Inc. POA-2006-1282-4 Jurisdictional  1/25/08  3/14/08 Determined not eligible for appeal No action required
Travis/Peterson Environmental Consulting, Inc., on behalf of Great Northwest, Inc., Fairbanks POA-1994-143-9 Jurisdictional  1/21/08  7/28/08 Partially Remanded JD revised and reissued asserting jurisdiction
Fairbanks North Star Borough, Fairbanks POA-2005-1845-9 Jurisdictional  2/8/06  5/26/06 No Merit No Action Required
Swan Bay-Anchorage POA-1984-184-Z Permit Denial  11/20/03  10/5/04 Merit  
Carr-Gottstein - Anchorage POA-1996-88 Jurisdictional  9/5/03  4/5/04 Merit  
Lawrence Albert - Anchorage POA-1985-486-9 Jurisdictional  6/12/03 Postponed at applicant request until Jan 04    
Head Property - Craig, Alaska POA-2001-0477-2 Permit Denial  2/12/03  7/14/03 No Merit No Action Required
Persinger/HutchinsonFairbanks, Alaska POA-2002-0236-4 Permit Denial  1/10/03  6/19/03 No Merit No Action Required
William Thompson Fairbanks, Alaska POA-2002-618-4 Jurisdictional  7/8/02  12/13/02 No Merit No Action Required

 

 

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