SAW-2023-01253_Provisional Notification.pdf

DEPARTMENT OF THE ARMY
1 - WILMINGTON DISTRICT,CORPS OF ENGINEERS
69 DARLINGTON AVENUE
WILMINGTON,NORTH CAROLINA 28403-1343
January 26, 2024
Regulatory Division
Action ID. SAW-2023-01253
Billy E. Lee
Town of Cary
PO Box 8005
Cary, North Carolina 27512-8005
Dear Billy E. Lee:
This is in response to a Pre-Construction Notification (PCN) SAW-2023-01253
received on November 21, 2023, and considered complete on January 25, 2024. 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 Town of Cary Dredging Project. The activities in waters of the United States include
dredging and bridge stabilization. The project involves impacts to 4 acres of Symphony
Lake for dredging. Regulated activities include temporary impacts for 20-linear feet (500
square feet) for a temporary bridge for transportation. Permanent impacts would include
20-linear feet (525 square feet) for installation of gabions to stabilize existing bridges
The project is located at 13001 Regency Parkway, Cary, Wake County, North Carolina.
This letter is a provisional notification that your proposed project has been
reviewed under NWP Number 14 Linear Transportation. 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.

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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 laws 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/RGP verification letter) prior to
commencing the work.
In all future correspondence, please refer to file number SAW-2023-01253. A copy
of this letter is forwarded to State and/or Federal agencies for their information. If you
have any questions, please contact Alexi Archer, at 912-837-9860, or by email at
[e-mail].
Sincerely,
Alexi Archer
Project Manager, Raleigh Field Office
Copies Furnished: