20231624 Ver 1_Staff Report Zachary.Thomas_20231218

Baker, Caroline D
From: Michael Penny <[e-mail]>
Sent: Thursday, February 22, 2024 2:54 PM
To: Thomas, Zachary T
Cc: Anna Reusche; Andre Miller; Kinley Rojzman
Subject: [External] FW: Nationwide Permit 58 Provisional Verification for SAW-2022-01307
OWASA Morgan Creek Interceptor
Importance: High
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Zach, I know you were copied on this email but since this is an update from the USACE and the project is critical
for the condition of OWASA's infrastructure, I just wanted to use this as a touch point to reach out to you. It looks
like the last item needed for the USACE to provide approval is the 401 WQC is issued.
Based on our call earlier this week, I understand you have what you need to review the project. Please let me know
how we can help keep this critical project on track.
Thanks again for your time!
Michael Penny, PE I Project Manager I
T 919.233.8091 1 M 919.441.1014
4300 Edwards Mill Road, Suite 200, Raleigh, NC 27612
[e-mail] I www.mckimcreed.com
Voted "Best Firm To Work For" - Zweig Group
From: Tillery, Julia A CIV USARMY CESAW (USA) <[e-mail]>
Sent: Thursday, February 22, 2024 2:24 PM
To: [e-mail]; Anna Reusche <[e-mail]>; Michael Penny <[e-mail]>
Cc: Thomas, Zachary T <[e-mail]>; [e-mail]
Subject: Nationwide Permit 58 Provisional Verification for SAW-2022-01307 OWASA Morgan Creek Interceptor
Importance: High
Reference is made to USACE Action ID SAW-2022-01307
ALCON,

This correspondence is in response to a Pre -Construction Notification (PCN) received on 11/27/23 and considered
complete on 2/15/24. 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 OWASA Morgan Creek
Interceptor Replacement Project. The activities in waters of the United States include the replacement of approximately
2,000 linear feet of existing sewer line (upsized from 24" to 30") and manholes along Morgan Creek. The project involves
temporary impacts of the discharge of dredged material in 0.06-acre Morgan Creek streambed for the removal of the
old sewer crossing and concrete piers and replacing streambed with native material restoring to original contours, and
the temporary discharge of fill material in 0.002-acre unnamed tributary (SB) to Morgan Creek for installation of new
line restoring to original contours. The project is located along a reach of Morgan Creek southwest of the Mason Farm
Wastewater Treatment Plant, 170 Old Mason Farm Rd, in the vicinity of the NC Botanical Garden and the Mason Farm
Biological Reserve, in Orange County, North Carolina, Orange County PIN#9797082499.
This letter is a provisional notification that your proposed project has been reviewed under NWP-58. This provisional
notification is based on the updated PCN and plans received on 2/8/24. 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 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 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 ACTION ID. This correspondence has also been copied to State
and/or Federal agencies for their information. If you have any questions, please contact Julia Tillery at 919.440.1951, or
by email at [e-mail].
Sincerely,
Julia Tillery
Regulatory Specialist, Raleigh Regulatory Field Office
US Army Corps of Engineers
CE-SAW-RG-R
3331 Heritage Trade Drive, Suite 105
Wake Forest, North Carolina 27587
Mobile: [phone]
Email: Julia.A.Tillerv(@usace.armv.mil
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