20201981 Ver 1_External_ SAW-2013-01037_20210217

Carpenter,Kristi
From:Bailey, David E CIV USARMY CESAW (USA) <[e-mail]>
Sent:Wednesday, February 17, 2021 4:16 PM
To:Parker, Jerry A; Wanucha, Dave
Cc:Carpenter,Kristi; Archer III, Wright
Subject:\[External\] SAW-2013-01037 (NCDOT Div. 7 / B-5346, Bridge 3 / SR 1529 / Dry Creek /
Durham Street Ext. / Alamance County)
Attachments:2017NWP03.pdf
Follow Up Flag:Follow up
Flag Status:Flagged
CAUTION: External email. Do not click links or open attachments unless you verify. Send all suspicious email as an attachment to
Report Spam.

All,

Although the PCN for the above referenced project (dated 1/22/2021) requested the use of NWP 14, based on the PCN
and plans the above referenced bridge replacement project is authorized under Nationwide Permit 3 and does not
require notification. Based on my conversation with Jerry Parker this afternoon, NCDOT is amenable to using NWP 3
non-reporting for this project instead of NWP 14.

Please note that the project must be accomplished in strict accordance with the attached conditions and your submitted
description, and any violation of the attached conditions or deviation from your submitted description may subject the
permittee to a stop work order, a restoration order and/or appropriate legal action. Attached is a copy of the NWP 3
and the applicable permit conditions. The Action Identification Number for this project is SAW-2013-01037.

Note that NCDOT is still responsible for the following conditions pertaining to the Northern long-eared bat as this project
occurs in NCDOT Divisions 1-8:

The U.S. Fish and Wildlife Service’s (USFWS’s) Programmatic Biological Opinion (PBO) titled, “NCDOT Program Effects on
the Northern Long-eared Bat in Divisions 1-8”, dated November 6, 2020, contains agreed upon conservation measures for
the NLEB. As noted in the PBO, applicability of these conservation measures varies depending on the location of the
project. Your authorization under this Department of the Army permit is conditional upon your compliance with all
applicable agreed upon conservation measures in the PBO, which are incorporated by reference in this permit. Failure to
comply with the applicable these conservation measures would constitute non-compliance with your Department of the
Army permit. The USFWS is the appropriate authority to determine compliance with the terms and conditions of its PBO,
and with the ESA."

Please let me know if you have any questions regarding the above information.

Sincerely,

Dave Bailey

---
David E. Bailey, PWS
Regulatory Project Manager
US Army Corps of Engineers
1

CE-SAW-RG-R
3331 Heritage Trade Drive, Suite 105
Wake Forest, North Carolina 27587
Phone: [phone], Ext. 30.
Fax: [phone]
Email: [e-mail]

We would appreciate your feedback on how we are performing our duties. Our automated Customer Service Survey is
located at: http://corpsmapu.usace.army.mil/cm_apex/f?p=136:4:0
Thank you for taking the time to visit this site and complete the survey.

2