_External_ SAW-2020-01905 Hackeny Site_2500 Olive Chapel Road Provisional Permit

Baker, Caroline D
From: Capito, Rachel A CIV USARMY CESAW (USA) < [e-mail] >
Sent: Thursday, January 4, 2024 5:10 PM
To: [e-mail]; [e-mail]
Cc: Thomas, Zachary T; Myers, Joseph M; Morales, Kristina
Subject: [External] SAW-2020-01905 Hackeny Site/2500 Olive Chapel Road Provisional Permit
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Dear APPLICANT,
This correspondence is in response to a Pre -Construction Notification (PCN) received on January 21, 2023, and
considered complete on December 7, 2023. In submitting the PCN, you requested verification that the proposed project
is authorized by a Department of the Army (DA) Nationwide Permit (NWP).
The work affecting waters of the United States is part of an overall project known as the Hackney Site/2500 Olive Chapel
Road. The activities in waters of the United States include the rehabilitation of an onsite dam including stream, wetland
and open water impacts associated with the reconstruction of the dam and riprap spillway. The project involves the
permanent discharge of fill material into 0.079 acre of wetland and 25 linear feet of stream impacts. An additional 0.043
acre of wetland, 75 linear feet of stream and 0.8 acre of temporary open water impacts for access and dam
rehabilitation.. The project is located Apex, in Wake County, North Carolina.
This letter is a provisional notification that your proposed project has been reviewed under NWP 3. In accordance with
40 CFR Part 121 (401 Rule), the Corps cannot take final action on the NWP verification request until the procedures
outlined in the 401 Rule for an individual Water Quality Certificate (WQC) have been completed. Specifically, a
Department of the Army (DA) permit or verification cannot be issued until a Section 401 WQC has been either issued,
waived, or denied, and the neighboring jurisdiction review process described in 40 CFR 121 has been successfully
completed.
Conditions of the Individual Section 401 WQC will generally become conditions of any final NWP verification letter.
Should state action on the required WQC approve a project different from that shown on the current application, a
modification to the PCN will be required. You should notify our office of any such changes as substantial changes may
require further evaluation.
As stated above, this is a provisional notification. This letter 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 law and subject you to further enforcement action.
Receipt of a certification from the state (e.g., NC Division of Water Resources and/or NC Division of Marine Fisheries)
does not preclude the requirement for obtaining DA authorization (e.g., an NWP verification letter) prior to commencing
the work.
In all future correspondence, please refer to file number SAW-2020-01905. This correspondence has also been copied to
State and/or Federal agencies for their information. If you have any questions, please contact Rachel Capito at (919)-
440-1823, or by email at [e-mail]
Sincerely,
Rachel Capito

Raleigh Regulatory Field Office
Rachel Capito
Regulatory Project Manager
Wilmington District
U.S. Army Corps of Engineers
3331 Heritage Trade Drive, Suite 105
Wake Forest, NC 27587
919.440.1823
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