20221759 Ver 1_USACE Permit_20230203

Homewood, Sue
From:Phillips, George L CIV USARMY CESAW (USA) <[e-mail]>
Sent:Friday, February 3, 2023 11:25 AM
To:[e-mail]; Philip May
Cc:Homewood, Sue
Subject:\[External\] SAW-2022-02678 / Magnolia Village / 4602 Archdale Road / Trinity /
Randolph County / NWP 29
Attachments:NWP29.pdf
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Dear Ms. Bernice Ingram Earnhardt and Mr. Phil May,

A preconstruction notification application (PCN) dated 12/13/2022 was submitted for the proposed activities, and
additional information was received on 01/30/2023. Due to workload, the Corps was unable to provide timely formal
written verification for impacts proposed in your preconstruction notification application.

General Condition number 32, which lists the notification requirements for nationwide permits, states that "The
prospective permittee shall not begin the activity: (1) Until notified in writing ...., or (2) If 45 calendar days have passed
from the district engineer's receipt of the complete PCN and the prospective permittee has not received written notice
from the district or division engineer." Accordingly, on 01/27/2023, the applicant, Bernice Ingram Earnhardt, was
authorized to place fill or dredged material into waters, associated with the construction of the Magnolia Village project,
under nationwide permit number 29, as proposed in the permit application dated 12/13/2022. I have attached a copy of
the applicable permit conditions. The expiration date for the permit verification is March 14, 2026.

Please note that your work is authorized by the above referenced permit provided it is accomplished in strict accordance
with the permit conditions and your submitted plans (see attached). Any violation of the conditions or deviation from
your submitted plans may subject the permittee to a stop work order, a restoration order and/or appropriate legal
action.

It is your responsibility to contact the North Carolina Division of Water Resources (NCDWR) Raleigh Regional Office to
determine the 401 requirements for this project. Please note that, if an Individual 401 WQC is required from NCDWR,
the conditions of the Individual 401 WQC, once issued, are also conditions of the NWP referenced above. You may not
conduct the activity authorized by the above referenced NWP without a valid 401 Water Quality Certification.

Please let me know if you have any questions regarding this statutory verification, or any of the conditions of the permit.

Lyle Phillips
Regulatory Specialist
US Army Corps of Engineers
CE-SAW-RG-R
3331 Heritage Trade Drive, Suite 105
Wake Forest, North Carolina 27587
Phone: [phone], Ext. 25.
Fax: [phone]
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