SAW-2023-00262 _ Finch Dam Emergency Breach _ Caterpillar and Grifols Pharmaceuticals _ Clayton _ Johnston County_ NC - STATUTORY APPROVAL

Baker, Caroline D
From:Thomas, Zachary T
Sent:Wednesday, May 31, 2023 3:30 PM
To:Myers, Joseph M
Subject:FW: \[External\] SAW-2023-00262 / Finch Dam Emergency Breach / Caterpillar and
Grifols Pharmaceuticals / Clayton / Johnston County, NC - STATUTORY APPROVAL
Attachments:NWP-27.pdf; SAW-2023-00262 Exhibits.pdf

FYI (Needs to be LF’d - 20230175

Thank you,

Zach Thomas
Environmental Program Consultant, Division of Water Resources
North Carolina Department of Environmental Quality
Office: [phone]
[e-mail]
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From: Hopper, Christopher D CIV USARMY CESAW (USA) <[e-mail]>
Sent: Wednesday, May 31, 2023 2:17 PM
To: [e-mail]; [e-mail]
Cc: Thomas, Zachary T <[e-mail]>
Subject: \[External\] SAW-2023-00262 / Finch Dam Emergency Breach / Caterpillar and Grifols Pharmaceuticals / Clayton /
Johnston County, NC - STATUTORY APPROVAL

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Dear David Auge, Nathan Strickler, and Jon Swaim,

1

A preconstruction notification application (PCN) dated January 30, 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 March 16, 2023, the applicant, Caterpillar and Grifols
Pharmaceuticals, was authorized to place fill or dredged material into waters, associated with the construction of the
Finch Dam Emergency Breach project, under nationwide permit number 27, as proposed in the permit application dated
January 30, 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.

Christopher D. Hopper
Regulatory Specialist
U.S. Army Corps of Engineers
Regulatory Division
3331 Heritage Trade Drive, Suite 105
Wake Forest, NC 27587
[phone]

We would appreciate your feedback on how we are performing our duties. Our automated Customer Service Survey can
be accessed by copying and pasting the following link into your web browser:
https://regulatory.ops.usace.army.mil/customer-service-survey/. Thank you for taking the time to visit this site and
complete the survey.

Email correspondence to and from this address may be subject to the North Carolina Public Records Law and may be disclosed to third parties by an authorized
state official.
2