_External_ Provisional NWP-29 Verification and 401 RPOT for SAW-2019-00925 Aster Ridge Subdivision_ 2509 Cheek Road_ Durham

Baker, Caroline D
From: Tillery, Julia A CIV (USA) <[e-mail]>
Sent: Friday, March 31, 2023 4:36 PM
To: [e-mail]; [e-mail]; Thomas, Zachary T
Cc: Gibby, Jean B CIV USARMY CESAW (USA)
Subject: [External] Provisional NWP-29 Verification and 401 RPOT for SAW-2019-00925 Aster
Ridge Subdivision, 2509 Cheek Road, Durham
CAUTION. External email. Do not click links or open attachments unless you verify. Send all suspicious email as an attachment to
Resort Sparn.
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This is a provisional notification that your proposed work may be authorized by the above referenced general permit
provided a 401 Certification is issued or waived. Once a 401 Certification is issued or waived, the Corps will provide you
with a final general permit verification. Your proposed work shall not commence until after the 401 Certification has
been issued or waived and until a final general permit verification has been provided to you. Additional special
conditions may be added to the final general permit verification.
As stated above, this is a provisional notification. This email does NOT provide Department of the Army (DA)
authorization. You are cautioned that 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 permit from the state (e.g., NCDWR) does not preclude the requirement for obtaining DA authorization
(e.g., an NWP verification letter) prior to commencing the work.
For NCDWR: Within 14 days, please notify me if the certification request does not contain the nine (9) components listed
in Section 121.5(b) of the 2020 Clean Water Act Section 401 Certification Rule; otherwise, we will consider our receipt
date (3/1/2023) as accurate. As specified in the 9/16/2022, Programmatic Agreement (PA) between the USACE and the
NCDWR, the reasonable period of time (RPOT) for DWR to act on a Section 401 certification request is 120 days unless
the RPOT is extended per the terms of this PA. As such, unless we receive an email request for an extension of the RPOT,
the USACE will consider the Section 401 certification for this project to be waived on 6/29/2023.
Please contact me if you have any questions regarding this provisional verification or the Corps of Engineers regulatory
program.
Respectfully,
Julia Tillery
Regulatory Specialist, Raleigh Field Office
U.S. Army Corps of Engineers — Wilmington District
CE-SAW-RG-R
3331 Heritage Trade Drive, Suite 105
Wake Forest, North Carolina 27587
Phone: [phone]
Email: julia.a.tilleryC)usace.army.mil