20210146 Ver 1_USACE Correspondence_20210329

Carpenter,Kristi
From: Bailey, David E CIV USARMY CESAW (USA) <[e-mail]>
Sent: Monday, March 29, 2021 1:28 PM
To: Parker, Jerry A;Archer III, Wright
Cc: Wanucha, Dave; Carpenter,Kristi
Subject: [External] NWP 3 - NCDOT Div. 7/ Pipe 78 2137/SR 1501 /Garrett Road/ Rockingham County;
SAW-2021-00412
Attachments: 2017N W P03.pdf
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All,
Based on the PCN and plans received via email from your office on 2/25/2021,the above referenced pipe replacement
project is authorized under Nationwide Permit (NWP) 3 and does not require notification. 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-2021-00412.
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
CE-SAW-RG-R
3331 Heritage Trade Drive, Suite 105
Wake Forest, North Carolina 27587
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