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HomeMy WebLinkAbout20150955 Ver 2_Phone Conversation Followup Email_20160218Herndon, Mason From: Sent: To: Cc: Subject: Attachments: . ..• Stanton, Tyler P Thursday, February 18, 2016 11:23 AM Shaver, Brad E SAW; Rivenbark, Chris Herndon, Mason; Lane, Stephen; "Lucas, Ron"; RE: B-4929 PCN Re: Follow-up to phone conversation for B-4929 Matthews, Monte K SAW I spoke with Fritz Rohde, NOAA Fisheries, this morning regarding the issues of ESA and EFH. Based on our commitments to the in-water work moratorium of April 1 to September 30, the use of drilled shafts, and spanning of the SAV habitat area, he agreed the project will have "No Effect" on either Atlantic sturgeon or loggerhead sea turtle. As you know, under section 7 of the ESA, a biological conclusion of "No Effect" does not require written concurrence from the agency. Additionally, he agreed that the EFH assessment in the EA and referenced in the FONSI has satisfied the requirements for EFH and the proposed project will likely result in a negligible net effect on available EFH. Please see the attached email summarizing my conversation with Fritz. Thanks, Tyler -----Origi na I Message----- From: Shaver, Brad E SAW [mailto:6rad.E.Shaver�usace.army.mil] Sent: Friday, February 12, 2016 9:52 AM To: Stanton, Tyler P; Rivenbark, Chris Cc: Herndon, Mason; Lane, Stephen; "Lucas, Ron"; Matthews, Monte K SAW Subject: RE: 6-4929 PCN Tyler, I appreciate you speaking with me yesterday about the GP 31 application for 6 4929. The application is currently considered incomplete and processing cannot begin based on the following deficiencies: - Condition G of GP 31 states, "No work shall be authorized by this RGP within the twenty coastal counties, as defined by the NCDCM, without prior consultation with NOAA Fisheries. For each activity reviewed by the Corps where it is determined that the activity may affect Essential Fish Habitat (EFH) for federally managed species, an EFH Assessment shall be prepared by the applicant and forwarded to the Corps and NOAA Fisheries for review and comment prior to authorization of work." This coordination procedure has not been completed to date. - Green sheet commitments in the FONSI indicate that ESA consultation would be completed before a 404 application was submitted. The conclusions from this coordination are missing from the application. Please provide the missing information within 30 days of receipt of this correspondence. The lack of response within this timeframe will be considered a request to withdraw the application. If you have any questions please don't hesitate to give me a call. Thanks, � � � . • -----Origi na I Message----- From: Stanton, Tyler P [mailto:tstanton�ncdot.gov] Sent: Wednesday, February 10, 2016 7:43 AM To: Shaver, Brad E SAW <Brad.E.Shaver�usace.army.mil>; Herndon, Mason <mason.herndon�ncdenr.gov>; Lane, Stephen <stephen.lane�ncdenr.gov> Subject: [EXTERNAL] 6-4929 PCN The riparian wetlands were listed as non-riparian on the PCN and DMS request. I've attached the revised PCN pages and we've submitted a revised DMS request, so you should see a revised acceptance letter from them soon. We'll update the application on the website today or tomorrow. Thanks, Tyler Tyler Stanton Environmental Program Consultant NCDOT, Natural Environment Section 919 707 6156 office 919 212 5785 fax tstanton�ncdot.gov 1598 Mail Service Center Raleigh, NC 27699-1598 Email correspondence to and from this address is subject to the North Carolina Public Records �aw and may be disclosed to third parties. � Email correspondence to and from this sender is subject to the N.C. Public Records �aw and may be disclosed to third parties. � Herndon, Mason From: Sent: To: Subject: Fritz Rohde - NOAA Federal <fritz.rohde@noaa.gov> Thursday, February 18, 2016 10:40 AM Stanton, Tyler P Re: Follow-up to phone conversation for B-4929 I agree to your surrllnary o f our conversation Fritz On Thu, Feb 18, 2016 at 10:22 AM, Stanton, Tyler P<tstanton(�a,ncdot.gov> wrote: Fritz, As we discussed NCDOT will be implementing an in-water work moratorium from April 1 to September 30 during construction. Additionally, the bridge will span the SAV habitat and DOT biologists will monitor the site as necessary. Drilled shafts will be used for the bridge supports. Based on this you agreed that the project will have No Effect on Atlantic sturgeon and loggerhead sea turtle. Also, you agreed the proposed project will likely result in a negligible net effect on available EFI� and NCDOT has satisfied the requirements for the EFI� assessment. 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