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HomeMy WebLinkAbout20240182 Ver 1_USACE Permit_20240502T Og x .G2lTf PI�'�Q,`P 0 S TATF.S OF Regulatory Division Action ID. SAW-2022-02017 Cason Bufe RP Salisbury Partners, LLC 445 Bishop Street Atlanta, Georgia 30318 Dear Mr. Bufe: DEPARTMENT OF THE ARMY WILMINGTON DISTRICT, CORPS OF ENGINEERS 69 DARLINGTON AVENUE WILMINGTON, NORTH CAROLINA 28403-1343 May 2, 2024 This is in response to a Pre -Construction Notification (PCN) SAW-2022-02017 originally received on January 26, 2024, with version two received April 29, 2024, and considered complete on May 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 Rowan 85 Trade Center. The activities in waters of the United States include two road crossings and fill for a commercial development. The proposed project involves impacts to 0.43 acres of permanent impact to wetlands, 271 linear feet of permanent stream impacts, 30 linear feet of permanent no -loss stream impacts, 0.01 acres of temporary wetland impact, and 60 linear feet of temporary stream impact. The project is located northeast of the Webb Road and 1-85 intersection, Rowan County, North Carolina. This letter is a provisional notification that your proposed project has been reviewed under NWP Number 39. 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. 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 -2- 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-2022-02017. A copy of this letter is forwarded to State and/or Federal agencies for their information. If you have any questions, please contact Amber Lipsky, at (704)962-6947, or by email at amber.I.lipsky@usace.army.mil. Sincerely, -,4& Lii�a� Amber Lipsky Regulatory Specialist, Charlotte Field Office Copies Furnished: Taylor Kiker, Kimley-Horn and Associates (via Taylor.Kiker(c)_kimley-horn.com) Sue Homewood, NCDEQ (via Sue. Homewood(a-),deg.nc.gov)