20210925 Ver 1_More Info Received Email_20210729

Carpenter,Kristi
From:Bailey, David E CIV USARMY CESAW (USA) <[e-mail]>
Sent:Thursday, July 29, 2021 7:04 AM
To:Parker, Jerry A
Cc:Conchilla, Ryan; Della Moore; Archer III, Wright; Carpenter,Kristi
Subject:\[External\] NWP 3 - NCDOT Div. 7 / Bridge 584 / SR 3412 / Tabernacle Church Road /
Guilford County; SAW-2019-00875
Attachments:Tabernacle Church Rd Permit Drawings.pdf; 2017NWP03.pdf
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All,

Please reference the PCN and plans received from your office on 6/23/2021 requesting use of Nationwide Permit (NWP)
14. However, based on the revised plans (attached) received via email from your office on 7/28/2021, the above
referenced bridge replacement project is authorized under NWP 3 and does not require notification. If use of NWP 3 is
acceptable to NCDOT for this project please let me know, and notify NCDWR as well for the purposes of their 401 Water
Quality Certification.

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-2019-00875.

Note that NCDOT is still responsible for the following conditions pertaining to the Northern long-eared bat and (LIST ANY
MUSSELS SUBJECT TO THE APPLICABLE MUSSEL PBO), 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

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David E. Bailey, PWS
Regulatory Project Manager
US Army Corps of Engineers
CE-SAW-RG-R
3331 Heritage Trade Drive, Suite 105
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