HomeMy WebLinkAbout20240281 Ver 1_USACE Correspondence_20240322DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
69 DARLINGTON AVENUE
WILMINGTON, NORTH CAROLINA 28403-1343
March 22, 2024
Regulatory Division
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Mike Edwards
Alusa Management, LLC
103-A Bluewater Lane
Surf City, NC 28445
Dear Mr. Edwards:
This is in response to a Pre -Construction Notification (PCN) SAW-2024-00337
received on February 14, 2024, and considered complete on March 11, 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 Hurricane Hole North. The activities in waters of the United States include the
construction of a storage unit complex with an access road required to maintain
connectivity to the parcel to the east. The project involves impacts to 0.47 acre of
wetland. The project is located north of Holly Ridge on the east side of Highway 17,
Onslow County, North Carolina.
This letter is a provisional notification that your proposed project has been
reviewed under NWP Number 39 — Commercial Development. 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-2024-00337. A copy
of this letter is forwarded to State and/or Federal agencies for their information. If you
have any questions, please contact Katharine Elks, at 910-251-4567, or by email at
Katharine.B.Elks@usace.army.mil.
Sincerely,
Digitally signed by Katharine
Katharine Elks Elks
Date: 2024.03.22 08:54:12-04'00'
Katharine Elks
Regulatory Specialist, Wilmington Field
Office
Copies Furnished:
Tony Moctezuma - Tidewater Associates, Inc. (agent)
Michael Meilinger — NC DWR