HomeMy WebLinkAbout20221683_USACE Permit_20230131From: Hopper, Christopher D CIV USARMY CESAW (USA) <Christopher.D.Hopper(@usace.army.mil>
Sent: Tuesday, January 31, 2023 8:41 AM
To: mitch.t.murph)lna gmail.com; Kim Hamlin <KHamlin(@SAGEECOLOGICAL.COM>
Cc: Homewood, Sue <sue.homewoodPncdenr.gov>
Subject: [External] SAW-2021-02654 / Bethany Townes Subdivision / South Main Street / Graham /
Alamance County, NC - STATUTORY APPROVAL
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Dear Mitchell Murphy and Kim Hamlin,
A preconstruction notification application (PCN) dated November 28, 2022 was submitted for the
proposed activities. 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 January 11, 2022, the applicant, Clay Pigeon Properties, LLC, was authorized to place
fill or dredged material into waters, associated with the construction of the Bethany Townes
subdivision, under nationwide permit number 29, as proposed in the permit application dated
November 28, 2022. 1 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.
Christopher D. Hopper
Regulatory Specialist
U.S. Army Corps of Engineers
Regulatory Division
3331 Heritage Trade Drive, Suite 105
Wake Forest, NC 27587
0: (919) 554-4884, Ext. 35
M: (919) 588-9153
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