HomeMy WebLinkAbout20240119 Ver 1__External_ SAW-2024-00127 Marsalis Wall Fix_20240412Baker, Caroline D
From: Capito, Rachel A CIV USARMY CESAW (USA) < Rachel.A.Capito@usace.army.mil >
Sent: Monday, February 26, 2024 3:17 PM
To: BryanHarris@Harriseng.net; 'chris@kuester.com'
Cc: Thomas, Zachary T; Myers, Joseph M; Morales, Kristina
Subject: [External] SAW-2024-00127 Marsalis Wall Fix
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Dear Bryan,
This correspondence is in response to a Pre -Construction Notification (PCN) received on January 17, 2024, and
considered complete on February 1, 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 the Marsalis Wall Fix. This
verification authorizes the discharge of fill material into 19 linear feet of stream in order to stabilize an existing retaining
wall. Temporary impacts include 17 linear feet of stream impacts for temporary crossing for construction. The project is
located Cary, 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-2024-00127. This correspondence has also been copied to
State and/or Federal agencies for their information. If you have any questions, please contact Rachel Capito at (919)-
440-1823, or by email at Rachel.A.Capito@usace.army.mil
Sincerely,
Rachel Capito
Raleigh Regulatory Field Office
Rachel Capito
Regulatory Project Manager
Wilmington District
U.S. Army Corps of Engineers
3331 Heritage Trade Drive, Suite 105
Wake Forest, NC 27587
919.440.1823
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