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ADMINISTRATIVE APPEALS

This page lists all appeals received by Norfolk District to permit denials and unacceptable permit conditions as well as appeals of jurisdictional determinations, in accordance with the procedures found in 33 CFR 331.

Appeals currently being considered

As of June 29, 2017 there are no pending appeals.

Final Appeal Decisions

NAO-2016-1839: Pungo Air Field LLC., c/o Mr. William Thumel, MAS, P.C. appealed a jurisdictional determination, received by North Atlantic Division (NAD) by email on April 4, 2017, and accepted for appeal 1 MAY 2017. The final appeal decision was "No Merit" dated June 29, 2017.

NAO-2014-0936: Joseph Rollins appealed a jurisdictional determination, received by North Atlantic Division (NAD) on April 13, 2015. On May 12, 2015, NAD notified Mr. Rollins that the appeal was accepted for review. The final appeal decision was "No Merit" dated January 9, 2016.

NAO-2009-1852: Scott Camp appealed a jurisdictional determination on Sept. 23, 2013 and the appeal was accepted by North Atlantic Division on Oct. 10, 2013. The final appeal decision was “Had Merit” and it was remanded back to the District on September 17, 2014 for reconsideration.

NAO-2007-0240 - Precon Development Corporation, Inc. appealed a jurisdictional determination Oct 10, 2012. Final appeal decision was "No merit" dated Feb 21, 2013.

NAO-2007-1371 - Virginia Tech Corporate Research Center appealed a jurisdictional determination September 16, 2011.

Final Decision: Had merit, and was remanded back to the District December 15, 2011.

NAO-2010-2246 - J. Blair Mitchell appealed a jurisdictional determination

Aug 10, 2011.Final appeal decision was 'No merit' dated May 1, 2012.

NAO-2009-1175 - E. O. Drumheller appealed a jurisdictional determination April 6, 2010.

NAD rejected the appeal June 3, 2010.

NAO-2009-1402 - Lawrence Whitlock - RJL Property appealed a jurisdictional determination on February 1, 2010.

Final Decision: Had merit, and was remanded back to the District February 11, 2011.

NAO-2008-0746 - Cardinal Properties, LLC (Jeff Moore) appealed a jurisdictional determination June 12, 2008.

Final appeal decision was ‘No merit’ dated October 2, 2008.

NAO-2007-3583 - Dodson Farm, LLC appealed a jurisdictional determination May 13, 2008.

Final Decision: Had merit, and was remanded back to the District December 22, 2008.

NAO-2006-06097 - Tri-City Properties appealed a permit denial May 1, 2008.

Final appeal decision was ‘No merit’ dated May 29, 2008.

NAO-2006-5613 (06-V0553) - Town of Warrenton appealed a permit denial February 15, 2008.

Final appeal decision was ‘No merit’ dated July 23, 2008.

05-R3049 - Legacy Development, L.L.C. appealed a jurisdictional determination December 6, 2005.

Final Decision: Had merit, and was remanded back to the District April 27, 2006.

02-V1749 - John Grier Construction Company appealed a permit denial September 2, 2005.

Final Decision: Appeal was found to have no merit and the District's decision was upheld March 7, 2006.

04-R1415 - J.B. Jennings appealed a jurisdictional determination July 12, 2004.

Final Decision: Appeal was found to have merit and matter was remanded to district for further analysis Dec 8, 2004.

03-N0230 - James Craig, Jr. appealed a jurisdictional determination Aug 25, 2003.

Final Decision: Appeal withdrawn at applicant's request.

96-R5759 - Taylor Brothers Builders, Inc appealed a jurisdictional determination July 31, 2003.

Final Decision: Appeal withdrawn at applicant's request.

00-R2533 - Mr. John P. Kufper appealed a portion of a jurisidictional determination on a 62-acre site in Isle of Wight County, Virginia.

Final Decision: Appeal was found to have merit and matter was remanded to district for further analysis

01-R0173 - Mr. Allen Gordon appealed a jurisdictional determination on an 18-acre site in Western Branch Borough, Chesapeake City, Virginia.

Final Decision:  Appeal was not found to have merit and District's determination was upheld.

99-V0272-09 - The City of Virginia Beach appealed the denial of this permit application to pipe and fill 1,200 linear feet of a tidal tributary, impacting approximately 36,000 square feet of subaqueous bottom and 1,200 square feet of vegetated wetlands.

Final Decision: Appeal withdrawn at applicant's request.


NOTE: A list of all appealed permit denials and jurisdictional determinations for the entire North Atlantic Division of the Army Corps of Engineers can be found on the web at http://www.nad.usace.army.mil/Missions/CivilWorks/RegulatoryProgram/AppealedDecisions.aspx