HomeMy WebLinkAbout20240182 Ver 1_USACE Permit_20240502T Og
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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
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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,
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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)