20211593 Ver 1_USACE Comments_20220204

Strickland, Bev
From: Norton, April R CIV USARMY CESAW (USA) <[e-mail]>
Sent: Friday, February 4, 2022 11:19 AM
To: Sullivan, William; [e-mail]
Cc: Cohn, Colleen M
Subject: [External] NC-55 and Hopson Road (SAW-2021-00064) AJD
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Dear William Sullivan,
Reference is made to your Preconstruction Notification (PCN) for NC-55 and Hopson Road, dated November 2, 2021. The
PCN requires written verification from the Corps verifying the use of Nationwide Permit 39 for the discharge of fill
material into 0.340 acre of riparian, non-riverine wetlands. Reference is also made to the Approved and Preliminary
Jurisdictional Determination, dated April 7, 2021, for the subject project.
The Corps will not rely on an AJD issued under the NWPR (a "NWPR AJD") in making a new permit decision. The Corps
will make new permit decisions pursuant to the currently applicable regulatory regime (i.e., the pre-2015 regulatory
regime). Therefore, for any currently pending permit action that relies on a NWPR AJD, or for any future permit
application received that intends to rely on a NWPR AJD for purposes of permit processing, the Corps will discuss with
the applicant, as detailed in RGL 16-01, whether the applicant would like to receive a new AJD completed under the pre-
2015 regulatory regime to continue their permit processing or whether the applicant would like to proceed in reliance
on a preliminary JD or no JD whatsoever (https://www.usace.army.mil/Media/Announcements/Article/2888988/5-
january-2022-navigable-waters-protection-rule-vacatur/).
Please let me know if you'd like to request a new AJD under the pre-2015 regulatory regime.
Please note placement of dredged or fill material within waters of the US, including wetlands, without a Department of
the Army permit may constitute a violation of Section 301 of the Clean Water Act (33 USC § 1311).
Thank you,
April Norton
April R. Norton
Regulatory Division
US Army Corps of Engineers
3331 Heritage Trade Drive, Suite 105
Wake Forest, North Carolina 27587
Phone: [phone]
Fax: [phone]
Email: [e-mail]
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