20231618 Ver 1_More Info Received_20231229

Baker, Caroline D
From:Martin, Matthew K CIV (USA) <[e-mail]>
Sent:Friday, December 29, 2023 10:44 AM
To:[e-mail]
Cc:Brad Luckey; Myers, Joseph M; Thomas, Zachary T
Subject:\[External\] Provisional Verification: SAW-2022-02453 (Wylie Clayton Industrial / Clayton
NC / Johnston County)
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Dear Ernie Reinstein,

This correspondence is in response to a Pre-Construction Notification (PCN) received on November 29, 2023, and
considered complete on November 29, 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 the Wylie Clayton Industrial. The
activities in waters of the United States include the discharge of fill material into 0.07 acre of potential wetland waters.
The project is located 8175 US HWY 70 Business, in Johnston County, North Carolina.

This letter is a provisional notification that your proposed project has been reviewed under Nationwide Permit (NWP)
39. 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 authorization would constitute a violation of Federal law 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 verification letter) prior to commencing
the work.

In all future correspondence, please refer to file number SAW-2022-02453. This correspondence has also been copied to
State and/or Federal agencies for their information. If you have any questions, please contact Matthew K. Martin at
[phone], or by email at [e-mail].

Sincerely,

Matthew K. Martin, PWS
Regulatory Specialist
U.S. Army Corps of Engineers
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CE-SAW-RG-R
3331 Heritage Trade Drive, Suite 105
Wake Forest, NC 27587
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