HomeMy WebLinkAbout20241101 SAW-2019-01147_Notice of IntentDEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
69 DARLINGTON AVENUE
WILMINGTON, NORTH CAROLINA 28403-1343
S7AM OF
November 1, 2024
Regulatory Division
Action ID. SAW-2019-01147
Henry Rebisz
Evoke at Indian Trail, LLC
2522 Suffolk Avenue
High Point, North Carolina 27265
Dear Mr. Rebisz:
This is in response to a Pre -Construction Notification (PCN) SAW-2019-01147
received on January 23, 2024, and considered complete on October 24, 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 Evoke Indian Trail. The activities in waters of the United States include the
construction of a residential development. The proposed project involves impacts to
0.097 acre of wetlands for fill, 0.21 acre of wetland conversion from forested to
herbaceous, and 40 linear feet of temporary stream dewatering for sanitary sewer
installation. The project is located west/northwest of Wesley Chapel Stouts Road,
approximately 0.4 miles north of the intersection with Old Monroe Road, Union County,
North Carolina.
This letter is a provisional notification that your proposed project has been
reviewed under NWP Number 29. 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
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
q.
DEPARTMENT OF THE ARMY
r WILMINGTON DISTRICT, CORPS OF ENGINEERS
69 DARLINGTON AVENUE
WILMINGTON, NORTH CAROLINA 28403-1343
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-2019-01147. 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.L.Lipsky@usace.army.mil.
Sincerely,
Amber Lipsky
Regulatory Specialist, Charlotte Field Office
Copies Furnished:
Eric Romaniszyn, ClearWater Environmental Consultants (via eromaniszyn@enviroscienceinc.com)
Andrew Pitner, North Carolina Department of Environmental Quality (via andrew.pitner@deq.nc.gov)