HomeMy WebLinkAbout20201340 Ver 2_More Info Received_20240105Baker, Caroline D
From: Phillips, George L CIV USARMY CESAW (USA) <George.L.Phillips@usace.army.mil>
Sent: Friday, January 5, 2024 4:15 PM
To: wayne.miles@raleighnc.gov; Chris Rogers
Cc: Thomas, Zachary T; Myers, Joseph M
Subject: [External] Provisional Verification Notification / 1100 Old English Court Stream Bank
Stabilization / City of Raleigh / Wake County / SAW-2021-00055
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Dear Mr. Wayne Miles,
This correspondence is in response to a Pre -Construction Notification (PCN) received on December 11, 2023, and
considered complete on December 11, 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 1100 Old English Court. The
activities in waters of the United States include stream stabilization. The project involves the permanent discharge of fill
material within 59 If of stream channel and the temporary discharge of fill material within 20 If of stream channel. The
project is located Raleigh, in Wake County, North Carolina.
This letter is a provisional notification that your proposed project has been reviewed under NWP 13. 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-2021-00055. This correspondence has also been copied to
State and/or Federal agencies for their information. If you have any questions, please contact George Lyle Phillips III at
919-588-9200, or by email at George.1.phillips@usace.army.mil.
Sincerely,
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: (919) 588-9200
Fax: (919) 562-0421
Email: George. L.Phil lips@usace.army.miI
We would appreciate your feedback on how we are performing our duties. Our automated Customer Service Survey is
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