20151258 Ver 3_USACE Permit_20240208

Baker, Caroline D
From: Phillips, George L CIV USARMY CESAW (USA) <[e-mail]>
Sent: Thursday, February 8, 2024 6:50 PM
To: [e-mail]; Diebolt, Linda
Cc: Morales, Kristina
Subject: [External] NWP 39 Verification / SAW-2015-02550 / Terrible Creek Wastewater
Treatment Plant / Fuquay Varina / Wake County
Attachments: SAW-2015-02550--NWP 39 Verification--08 FEB 24.pdf, NWP39.pdf
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ALCON,
Please see the attached nationwide permit verification for the above referenced project. A hard copy will not be mailed.
Please note that the work is authorized by the above referenced permit provided it is accomplished in strict accordance
with the permit conditions and the submitted plans. Any violation of the conditions or deviation from the submitted
plans may subject the permittee to a stop work order, a restoration order and/or appropriate legal action.
Please let me know if you have any questions/concerns regarding this 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: [phone]
Fax: [phone]
Email: George. L.Phil [e-mail]
We would appreciate your feedback on how we are performing our duties. Our automated Customer Service Survey is
located at https://regulatory.ops.usace.army.mil/customer-service-survey/. Thank you for taking the time to visit this
site and complete the survey.
From: Phillips, George L CIV USARMY CESAW (USA)
Sent: Wednesday, December 20, 2023 3:12 PM
To: [e-mail]; Diebolt, Linda <[e-mail]>
Cc: Thomas, Zachary T <[e-mail]>; Myers, Joseph M <[e-mail]>
Subject: Provisional NWP 39 Provisional Verification / SAW-2015-02550 / Terrible Creek Wastewater Treatment Plant /
Fuquay Varina / Wake County
Dear Town of Fuquay-Varina:
We have completed our review of your application for a Department of the Army (DA) nationwide permit to discharge
fill material within 0.056 acre of potential wetland waters in Fuquay- Varina, in Wake County, North Carolina.

Please be advised that U.S. Army Corps of Engineers (Corps) stands ready to take final action on the
application. However, Federal law prevents us from doing so until the State Division of Water Resources (NCDWR) has
issued or waived a Section 401 Water Quality Certification (WQC). As of this date, the NCDWR has not issued or waived a
Section 401 WQC. Therefore, this correspondence does not proffer a final permit, but merely provides notice that we
are only able to proffer the final permit on the provision that the 401 WQC is obtained.
If you have questions concerning the 401 WQC, contact Zachary Thomas, North Carolina Division of Water Resources,
Department of Environment and Natural Resources, Raleigh Regional Office, 3800 Barrett Drive, Raleigh, North Carolina
27609, telephone [phone] or [e-mail].
Once NCDWR has issued, waived or denied a Section 401 WQC, you must provide us a copy of that
documentation. Receipt of NCDWR's authorization does not obviate the requirement for obtaining a final DA permit
prior to commencing the proposed work. After we receive a copy of the NCDWR certification, waiver or denial letter,
the final DA permit will be proffered provided there have been no significant project modifications or changes in the
Corps' policies during that interim period. Conditions of a WQC will be incorporated as conditions to any final DA
permit.
Should NCDWR's certification approve a project that is different from that described in the current DA permit
application, a modification to the application and the authorization will be required. Please notify us of any such
changes when you submit copies of the NCDWR certification. Substantial changes could require the initiation of a new
DA permit evaluation process, including issuance of a new public notice.
If the NCDWR does not provide a water quality certification, then the DA permit shall be denied without prejudice. If you
subsequently obtain a water quality certification, you should reinitiate contact with the Raleigh Regulatory Field Office
to determine how to proceed with your permit application.
You are cautioned that this is NOT a final action, nor does it authorize any work at this time. Commencement of the
proposed work prior to DA final authorization would constitute a violation of Federal laws and subject you to potential
enforcement action.
Thank you for your time and cooperation. If you have any questions, please contact Lyle Phillips at
George. [e-mail]1.
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: [phone]
Fax: [phone]
Email: George. L.Phil [e-mail]
We would appreciate your feedback on how we are performing our duties. Our automated Customer Service Survey is
located at https://regulatory.ops.usace.army.mil/customer-service-survey/. Thank you for taking the time to visit this
site and complete the survey.