2022-02204 Sandy Hollow NWP 29 provisional letter_signed

DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
69 DARLINGTON AVENUE
WILMINGTON, NORTH CAROLINA 28403-1343
September 17, 2024
Regulatory Division
Action ID. SAW-2022-02204
Elijah Morton
South State Development, LLC
503 New Bridge St. Suite 100
Jacksonville NC, 28540
Dear Mr. Morton:
This is in response to a Pre -Construction Notification (PCN) SAW-2022-02204
received on July 31, 2024, and considered complete on September 13, 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 Sandy Hollow Townhomes. The activities in waters of the United States include the
construction of road crossings and drainage swales to support a residential subdivision.
The project involves the permanent discharge of fill into 0.18 acre of wetland and 0.003
acre of relatively permanent water (RPW). The project also involves permanent no -loss
impacts to 0.008 acre of wetland for embedded rip rap dissipater pads. These impacts
are considered cumulative with 0.06 acre of impact authorized after -the -fact through
enforcement action. The total cumulative loss of Waters totals 0.251 of an acre. The
project is located off of Jubilance Lane within the existing Bryan Farms subdivision on
the west side of Richlands Highway, Onslow County, North Carolina.
This letter is a provisional notification that your proposed project has been
reviewed under NWP Number 29 Residential Developments. 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

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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 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-2022-02204. 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
[e-mail].
Sincerely,
Katharine Digitally signed by
Katharine Elks
Elks Date: 2024.09.17
11:37:37-04-00'
Katharine Elks
Regulatory Specialist, Wilmington Field
Office
Copies Furnished:
Catherine Otero, NC DWR (via catherine.otero(a)deg.nc.gov)
Timothy Stewart, Tidewater Associates, Inc. (via off ice(a)tidewaterenc.com)