HomeMy WebLinkAbout20240201 Twin Pines NWP 27_Notice of Intent.pdfT Og
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S TATF.S OF
Regulatory Division
Action ID. SAW-2023-00754
Kevin Parker
Town of Stallings
315 Stallings Road
Stallings, NC 28104
Dear Mr. Parker:
DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
69 DARLINGTON AVENUE
WILMINGTON, NORTH CAROLINA 28403-1343
February 1, 2024
This is in response to a Pre -Construction Notification (PCN) SAW-2023-00754
received on January 15, 2024, and considered complete on February 1, 2024. 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 Twin Pines Stream Rehabilitation. The activities in waters of the United States
include the redesign and enhancement of a stream. The proposed project involves
impacts to 332 linear feet of stream. The project is located at 35.071523,-80.7071523,
Union County, North Carolina.
This letter is a provisional notification that your proposed project has been
reviewed under NWP Number 27. 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
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
-2-
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-2023-00754. A copy
of this letter is forwarded to State and/or Federal agencies for their information. If you
have any questions, please contact Amber Lipsky, at (704)962-6947, or by email at
amber.I.lipsky@usace.army.mil.
Sincerely,
A&O-L L�V�
Amber Lipsky
Regulatory Specialist, Charlotte Field Office
Copies Furnished:
Taylor Kiker, Kimley-Horn, taylor.kiker@kimley-horn.com
Andrew Pitner, NC Division of Water Resources, andrew.pitner@deq.nc.gov