HomeMy WebLinkAbout20141292 Ver 3__External_ 9900 Ray Road _ Raleigh _ Wake County _ SAW-2013-01631 _ NWP 29 Verification_20230328Baker, Caroline D
From: Phillips, George L CIV USARMY CESAW (USA) <George.L.Phillips@usace.army.mil>
Sent: Tuesday, March 28, 2023 2:56 PM
To: ndukes@dukesproperties.com; Deborah Shirley
Cc: Thomas, Zachary T
Subject: [External] 9900 Ray Road / Raleigh / Wake County / SAW-2013-01631 / NWP 29
Verification
Attachments: NWP29.pdf
CAUTION. External email. Do not click links or open attachments unless you verify. Send all suspicious email as an attachment to
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Dear Nasir Dukes and Debbie Shirley,
A preconstruction notification application (PCN) dated 02/08/2023, 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 03/24/2023, the applicant, Dukes Properties & Construction, LLC.,
was authorized to place fill or dredged material into waters, associated with the construction of the 9900 Ray Road
project, under nationwide permit number 29, as proposed in the permit application dated 02/08/2023. 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 Project Manager
US Army Corps of Engineers
CE-SAW-RG-R
3331 Heritage Trade Drive, Suite 105
Wake Forest, North Carolina 27587
Phone: (919) 554-4884, Ext. 25.
Fax: (919) 562-0421
Email: George.L.PhillipsC)usace.arm�y.:rn_il
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