Document rxrL2k6y14o0MLbj7b70p8NDV

IMPORTANT This form must be completed and submitted to the District Commander at: LRB.Regulatory.PermitCompliance@usace.army.mil (preferred) OR mailed to: Regulatory Branch, US Army Corps of Engineers, 478 Main St, Buffalo, NY 14202, prior to commencement of any work authorized by Department of the Army Permit No. LRB-2021-00420 (Standard Permit) Compliance Coordinator Regulatory Branch U.S. Army Corps of Engineers 478 Main St Buffalo, NY 14202 Date: November 14, 2024 Allegany, Cattaraugus, & Wyoming County New York You are hereby notified that the work authorized under Department of the Army Permit No. LRB-202100420 issued to Alle-Catt Wind Energy LLC., to discharge fill material into Waters of the U.S., including wetlands, to construct a wind energy generation facility and transmission facility will be started on or about (Month/Day/Year) The first work to be undertaken is as follows: In commencing the work, I accept and agree to comply with the terms and conditions of the permit. By: (Authorized Signature) Permittee Telephone Number: File Closed: November 14, 2024 (Title) (Date) OST-2025-1200 Page 01418 Sierra Club v. Dept. of Transp. - 3:25-cv-06221 SC_EVERSPLIT0024605 IMPORTANT This form must be completed and submitted to the District Commander at: LRB.Regulatory.PermitCompliance@usace.army.mil (preferred) OR mailed to: Regulatory Branch, US Army Corps of Engineers, 478 Main St, Buffalo, NY 14202, upon completion of any work authorized by Department of the Army Permit No. LRB-2021-00420 (Standard Permit) Date: November 14, 2024 Allegany, Cattaraugus, & Wyoming County New York Compliance Coordinator Regulatory Branch U.S. Army Corps of Engineers 478 Main St Buffalo, NY 14202 You are hereby notified that the work authorized under Department of the Army Permit No. LRB- 2021-00420 issued to Alle-Catt Wind Energy LLC., to discharge fill material into Waters of the U.S., including wetlands, to construct a wind energy generation facility and transmission facility was (completed/discontinued) on (Month/Day/Year). If Discontinued: The work is percent complete. The following remains to be done before all work authorized by this permit shall have been completed: By: (Authorized Signature) Permittee Telephone Number: File Closed: November 14, 2024 (Title) (Date) OST-2025-1200 Page 01419 Sierra Club v. Dept. of Transp. - 3:25-cv-06221 SC_EVERSPLIT0024606 NOTIFICATION OF ADMINISTRATIVE APPEAL OPTIONS AND PROCESS AND REQUEST FOR APPEAL Applicant: Alle-Can Wincl Energy LLC File Number: LRB-2021-00420 Date: Nov. 14. 2024 Attached is: See Section below INITIAL PROFFERED PERMIT (Standard Permit or Letter of permission) A X PROFFERED PERMIT (Standard Permit or Letter of permission) B PERMIT DENIAL WITHOUT PREJUDICE C PERMIT DENIAL WITH PREJUDICE D APPROVED JURISDICTIONAL DETERMINATION E PRELIMINARY JURISDICTIONAL DETERMINATION F SECT ON I The following identifies your rights and options regarding an administrative appeal of the above decision. Additional information may be found at https://www.usace.army.mil/Missions/Civil-Works/Regulatory- Program-and-Permits/appeals/ or Corps regulations at 33 CFR Part 331. A: INITIAL PROFFERED 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 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 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. Upon receipt of your letter, 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. B: PROFFERED 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 determinations 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. OST-2025-1200 Page 01420 Sierra Club v. Dept. of Transp. - 3:25-cv-06221 SC_EVERSPLIT0024607 C. PERMIT DENIAL WITHOUT PREJUDICE: Not appealable You received a permit denial without prejudice because a required Federal, state, and/or local authorization and/or certification has been denied for activities which also require a Department of the Army permit before final action has been taken on the Army permit application. The permit denial without prejudice is not appealable. There is no prejudice to the right of the applicant to reinstate processing of the Army permit application if subsequent approval is received from the appropriate Federal, state, and/or local agency on a previously denied authorization and/or certification. D: PERMIT DENIAL WITH PREJUDICE: You may appeal the 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. E: APPROVED JURISDICTIONAL DETERMINATION: You may accept or appeal the approved JD or provide new information for reconsideration 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. RECONSIDERATION: You may request that the district engineer reconsider the approved JD by submitting new information or data to the district engineer within 60 days of the date of this notice. The district will determine whether the information submitted qualifies as new information or data that justifies reconsideration of the approved JD. A reconsideration request does not initiate the appeal process. You may submit a request for appeal to the division engineer to preserve your appeal rights while the district is determining whether the submitted information qualifies for a reconsideration. F: PRELIMINARY JURISDICTIONAL DETERMINATION: Not appealable 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 may be appealed), by contacting the Corps district for further instruction. Also, you may provide new information for further consideration by the Corps to reevaluate the JD. POINT OF CONTACT FOR QUESTIONS OR INFORMATION: If you have questions regarding this decision you If you have questions regarding the appeal process, may contact: or to submit your request for appeal, you may contact: David Leput U.S. Army Corps of Engineers Katherine McCafferty 478 Main St Regulatory Appeals Officer Buffalo, New York 14202 Phone: (716) 879-4191 e-mail: david.w.leput2@usace.army.mil US Army Corps of Engineers Great Lakes and Ohio River Division 550 Main Street, Room 10780 Cincinnati, Ohio 45202-3222 Phone: 513-684-2699 Fax: 513-684-2460 e-mail: katherine.a.mccafferty@usace.army.mil OST-2025-1200 Page 01421 Sierra Club v. Dept. of Transp. - 3:25-cv-06221 SC_EVERSPLIT0024608 SECTION II - REQUEST FOR APPEAL or OBJECTIONS TO AN INITIAL PROFFERED PERMIT REASONS FOR APPEAL OR OBJECTIONS: (Describe your reasons for appealing the decision or your objections to an initial proffered permit in clear concise statements. Use additional pages as necessary. You may attach additional information to this form to clarify where your reasons or objections are addressed in the administrative record.) ADDITIONAL INFORMATION: The appeal is limited to a review of the administrative record, the Corps memorandum for the record of the appeal conference or meeting, and any supplemental information that the review officer has determined is needed to clarify the administrative record. Neither the appellant nor the Corps may add new information or analyses to the record. However, you may provide additional information to clarify the location of information that is already in the administrative record. RIGHT OF ENTRY: Your signature below grants the right of entry to Corps of Engineers personnel, and any government consultants, to conduct investigations of the project site during the course of the appeal process. You will be provided a 15-day notice of any site investigation and will have the opportunity to participate in all site investigations. Date: Signature of appellant or agent. Email address of appellant and/or agent: Telephone number: OST-2025-1200 Page 01422 Sierra Club v. Dept. of Transp. - 3:25-cv-06221 SC_EVERSPLIT0024609