20120240 Ver 6_E-copies of R 2303 modification_20170627

Carpenter,Kristi
From: Shaver, Brad E CIV USARMY CESAW (US)
<[e-mail]>
Sent: Tuesday, June 27, 2017 2:39 PM
To:
Cc:
Subject:
Attachments:
Herndon, T. Mason; Steenhuis, Joanne; Rivenbark, Chris; Dilday,
Jason L; Militscher, Chris; Gary Jordan; Wilson, Travis W.; Matthews,
Monte K CIV USARMY CESAW (US)
Reusch, Eric G CIV USARMY CESAW (US)
E-copies of R 2303 modification
scannedDoc.pdf
Attached is a copy of a NCDOT modification (R-2303) for a permit expiration extension.
If you have any questions please don't hesitate to give me a call,
Brad

Regulatory Division
DEPARTMENT OFTHEARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
69 DARLINGTON AVENUE
WILMINGTON, NORTH CAROLINA 28403-1343
Action ID; SAW-1992-03237
Mr. Philip S. Harris ILi, P.E., C.P.M.,
Natural Environment Section Head
June 27, 2017
North Carolina Department of Transportation
Project Development and Environmental Analysis Branch
1598 Mail Service Center
Raleigh, North Carolina 27699-1598
Dear Mr. Harris:
Reference the Departrnent of the Army (DA) permit issued on December 12, 2012, for the
discharge of fill material into waters and wetlands adjacent to various creeks, and their tributaries
in order to construct Section A of TIP# R-2303 (NC 24), Cumberland County, North Carolina.
Reference is also made to your pernut modification dated Januazy 29, 2013 with revision dated
February 25, 2013. Authorization to construct Section B of TIP#R-2303 starting east of Stedrnan
in Cumberland County and ending west of Rosebaro in Sampson County, a total of 6.891 miles
was issued March 5, 2013. Authorization to construct Sections C and D was issued on July 8,
2013, which totals 13.3 miles stai•ting in north of Roseboro and terminating near Clinton in
Sampson County. Section A was modified On October 30, 2015 to clarify impacts to site # 8.
Further reference yow June 9, 2017 permit extension request and subsequent email dated
June 16, 2017 clarifying the time extension. In order to complete section C and D and afford the
opportunity to modify for future sections E and F the permit extension request is for five years.
I have determined that the proposed project modifications described above are not contrary
to the public interest and consistent with the 404 (B)(1) and therefore, the DA pernut is hereby
modified. The following conditions specific to Secfion E and F have been added:
All original wnditions in the December 12, 2012 and subsequent modi�cations remain
enforceable. The Special Condition for this permit modi�cation (time extension) and a
condition covering new listed species are included:
1. The modification request for future Sections E and F will be recirculated under Public
Notice to gather relevant comments related to finalized hydraulic sh•uctures and other
modifications realized during final plan preparation. NCDOT is responsible for

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providing updated mailing list labels along with the fmal plans for Sections E and F at
the tirne of modification.
2. This USACE permit does not authorize you to take a ttu•eatened or species, in
particular, the Northern Long-eared Bat (NLEB) (Myotis septentrionalzs). In order to
legally take a listed species, you must have separate authorization under the
Endangered Species Act (ESA) (e.g., a Biological Opinion (BO) under the ESA,
Section 7, with "incidental take" provisions with which you must comply). The U.S.
Fish and Wildlife Service's (USFWS's) Programmatic BO titled "Northern Long-
eared Bat (NLEB) Programmatic Biological Opinion for Narth Carolina Depailrnent
of Transportation (NCDOT) Activities in Eastern North Carolina (Divisions 1-8),"
dated March 25, 2015, and adopted on Apri110, 2015, contains mandatory terms and
conditions to itnplement the reasonable and prudent measures that are associated with
"incidental take" that are specified in the BO, Your authorization under this USACE
perxnit is conditioned upon your compliance with all the mandatory teL7ns and
conditions (incorparated by reference into tYris permit) associated with incidental take
of the BO. Failure to comply with the teirns and conditions associated with incidental
take of the BO, where a take of the listed species occurs, would constitute an
unauthorized take, and would also constitute non-compliance with your USACE
permit. The USFWS is the appropriate authority to determine compliance with the
teims and conditions of its BO and with the ESA.
This modification approval will be utilized far future compliance of the project. If you have
questions, please contact Brad Shaver of the Wilmington Regulatory Field Office, at telephone
[phone].
Sincerely,
°�� �✓2�
�vin P. Landers Sr.
Colonel, U. S. Airny
District Commander
Copies Furnished (electronically):
Mr. Mason Herndon, NCDOT
Ms. Joanne Steenhuis, NCDEQ-DWR
Mr. Chris Rivenbark, NCDOT
Mr. Jason Dilday, NCDOT
Mr. Chris Militscher, USEPA

Mr, Gary Jordan,. USFWS
Ivu, Travis Wilsfln, NCWRC
Mr. Monte Matthews, USAGE