20240125 Ver 1_2024010_Provisional Notification_SAW-2023-02172_20240117

DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
69 DARLINGTON AVENUE
WILMINGTON, NORTH CAROLINA 28403-1343
January 10, 2024
Regulatory Division
Action ID. SAW-2023-02172
George Chiles, Director of Public Works
City of New Bern
1004 S. Glenburnie Road
New Bern, North Carolina, 28563
Dear Mr. Chiles:
This is in response to a Pre -Construction Notification (PCN) SAW-2023-02172
received on November 2, 2023, and considered complete on November 27, 2023. In
submitting the PCN, you requested verification that the proposed project is authorized
by a Department of the Army (DA) Nationwide Permit (NWP).
The work affecting waters of the United States is part of an overall project known
as East Rose Pump Station Renovation / New Bern / Craven. The activities in waters of
the United States include the installation of two dewatering orifices into the pump station
wet well and inlet protection structures associated with the rehabilitation of the existing
stormwater pump station to provide additional floodwater storage during high flow
events. The project involves impacts to 171 square feet (sqft) of stream and 760 sgft of
temporary dewatering of the stream during installation. The project is located at at the
existing stormwater pump station adjacent to the Barden Cemetery at 2200 East Rose
Street, New Bern, Craven County, North Carolina.
This letter is a provisional notification that your proposed project has been
reviewed under NWP Number 58. Utility Line Activities for Water and Other Substances.
In accordance with 40 CFR Part 121 (401 Rule), the Corps cannot take final action on
the NWP verification request until the procedures outlined in the 401 Rule for an
individual Water Quality Certificate (WQC) have been completed. Specifically, a
Department of the Army (DA) permit or verification cannot be issued until a Section 401
WQC has been either issued, waived, or denied, and the neighboring jurisdiction review
process described in 40 CFR 121 has been successfully completed.
Conditions of the Individual Section 401 WQC, will generally become conditions of
any final NWP verification letter. Should state action on the required WQC approve a
project different from that shown on the current application, a modification to the PCN

-2-
will be required. You should notify our office of any such changes as substantial
changes may require further evaluation.
As stated above, this is a provisional notification. This letter does NOT
provide Department of the Army (DA) authorization. You are cautioned that
commencement of the proposed activity(ies) requested prior to receiving a written DA
authorization would constitute a violation of Federal laws and subject you to further
enforcement action. Receipt of a certification from the state (e.g., NC Division of Water
Resources and/or NC Division of Marine Fisheries) does not preclude the requirement
for obtaining DA authorization (e.g., an NWP/RGP verification letter) prior to
commencing the work.
In all future correspondence, please refer to file number SAW-2023-02172. A copy
of this letter is forwarded to State and/or Federal agencies for their information. If you
have any questions, please contact Ms. Emily Thompson, at 910-251-4629, or by email
at [e-mail].
Sincerely,
3. J
nw-�en
Emily B. Thompson
Regulatory Specialist, Washington Field
Office
Copies Furnished via email:
TRC Environmental Corporation — Kevin Wolfe - kwolfe(a)trccompan ies.com
NCDWR — Robert Tankard - robert.tankard(a)deg.nc.gov