20240226 SAW-2024-00213 NWP 29 & 18 Notice of Intent.pdf

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Regulatory Division/Program
Action ID. SAW-2024-00213
Andrew McDonald
Dependable Development
2649 Brekonridge Center Drive
Monroe, North Carolina 28110
Dear Mr. McDonald:
DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
69 DARLINGTON AVENUE
WILMINGTON, NORTH CAROLINA 28403-1343
February 26, 2024
This is in response to a Pre -Construction Notification (PCN) SAW-2024-00213
received on January 22, 2024, and considered complete on February 6, 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 Noah's Run. The activities in waters of the United States include fill, grading, and
culvert installation for two road crossings. The proposed project involves impacts to 115
linear feet of stream for culverts. Temporary impacts include 15 linear feet of
dewatering. The project is located at 770 Shue Road, China Grove, Rowan County,
North Carolina.
This letter is a provisional notification that your proposed project has been
reviewed under NWP Numbers 29 and 18. 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

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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-2022-01882. 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 [phone], or by email at
[e-mail].
Sincerely,
Amber Lipsky
Regulatory Specialist, Charlotte Field Office
Copies Furnished:
Jennifer Robertson, Atlas Environmental, Inc. (via jrobertson(@_atlasenvi.com)
Andrew Pitner, NCDEQ (via [e-mail])