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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 F-IT4 71��y_\�i�d�iyL�iZ�kZC�7 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. -2- 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