final signed Re Verification U 5878 NW 14

Re Verification
Electronically Transmitted
U.S. ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT

Action Id. SAW-2016-02484 County: Onslow U.S.G.S. Quad: NC-Jacksonville North

GENERAL PERMIT (REGIONAL AND NATIONWIDE) VERIFICATION

Permittee: NCDOT-Division 3
Chad Kimes
Address: 5501 Barbados Blvd.
Castle Hayne, NC 28429
E-mail: [e-mail]

Size (miles) 0.255 Nearest Town Jacksonville
Nearest Waterway Sandy Run Branch River Basin Onslow Bay
USGS HUC 03020302 Coordinates Latitude: 34.783696
Longitude: -77.380682
Location description: The project area (U 5878) is located along Commerce Road (SR 1705) between Fairway Road and Piney
Green Road in Jacksonville.

Description of projects area and activity: This verification authorizes the completion of Commerce Road between Fairway and
Piney Green by filling two streams and one riparian wetland. This verification authorizes the permanent fill of 0.252 of an acre
of wetlands, 0.056 of an acre of mechanized land clearing in wetlands, loss of 181 feet of perennial streams, and 208 feet of
stream impact associated with bank stabilization.

** Mitigation has been satisfied previously on 1/3/2022 through the exchange of the executed mitigation transfer form.

Applicable Law(s): ܈Section 404 (Clean Water Act, 33 USC 1344)
܆Section 10 (Rivers and Harbors Act, 33 USC 403)

Authorization: Nationwide 14

SEE ATTACHED NWP GENERAL, REGIONAL, AND/OR SPECIAL CONDITIONS

Your work is authorized by the above referenced permit provided it is accomplished in strict accordance with the attached
Conditions, your application signed and dated 12/13/2021, and the enclosed plans Permit drawings 1-9 of 9 dated 12/13/2021.
Any violation of the attached conditions or deviation from your submitted plans may subject the permittee to a stop work order,
a restoration order, a Class I administrative penalty, and/or appropriate legal action.

This verification will remain valid until the expiration date identified below unless the nationwide and/or regional general permit
authorization is modified, suspended or revoked. If, prior to the expiration date identified below, the nationwide and/or regional general
permit authorization is reissued and/or modified, this verification will remain valid until the expiration date identified below, provided
it complies with all requirements of the modified nationwide permit. If the nationwide and/or regional general permit authorization
expires or is suspended, revoked, or is modified, such that the activity would no longer comply with the terms and conditions of the
nationwide permit, activities which have commenced (i.e., are under construction) or are under contract to commence in reliance upon
the nationwide and/or regional general permit, will remain authorized provided the activity is completed within twelve months of the
date of the nationwide and/or regional general permit’s expiration, modification or revocation, unless discretionary authority has been
exercised on a case-by-case basis to modify, suspend or revoke the authorization.

Activities subject to Section 404 (as indicated above) may also require an individual Section 401 Water Quality Certification. You
should contact the NC Division of Water Resources (telephone [phone]) to determine Section 401 requirements.

For activities occurring within the twenty coastal counties subject to regulation under the Coastal Area Management Act (CAMA), prior
to beginning work you must contact the N.C. Division of Coastal Management Morehead City, NC, at [phone].

This Department of the Army verification does not relieve the permittee of the responsibility to obtain any other required Federal, State
or local approvals/permits. If there are any questions regarding this verification, any of the conditions of the Permit, or the Corps of
Engineers regulatory program, please contact Brad Shaver at 910-251-4611or [e-mail].

Corps Regulatory Official: _____________________________________________________Date: 5/25/2022
Expiration Date of Verification: 3/14/2026

The Wilmington District is committed to providing the highest level of support to the public. To help us ensure we
continue to do so, please complete the Customer Satisfaction Survey located at
https://regulatory.ops.usace.army.mil/customer-service-survey/

Copy furnished(electronic):

NCDOT-Div 3 attn: Mason Herndon

NCDEQ-DWR attn: Hannah Sprinkle

Brad Shaver
Digitally signed by Brad
Shaver
Date: 2022.05.25 15:22:50
-04'00'
SAW-2016-02484
SPECIAL CONDITIONS
U 5878
Commerce Road in Jacksonville

1. All work must be performed in strict compliance with the plans attached to the application
dated 12/13/2021 and permit drawings sheet 1-9 of 9 dated 12/13/2021 attached, which are
authorized by this permit. Any modification to the authorized permit plans must be approved by
the USACE prior to implementation.

2. Failure to institute and carry out the details of the following special conditions, below, will
result in a directive to cease all ongoing and permitted work within waters and/or wetlands
associated with the permitted project, or such other remedies and/or fines as the District Engineer
or his authorized representatives may seek.

3. The permittee will ensure that the construction design plans for this project do not deviate from
the authorized permit plans. Any deviation in the construction design plans will be brought to the
attention of the Corps of Engineers, Wilmington Regulatory Field Office prior to any active
construction in waters or wetlands.

4. The permittee shall require its contractors and/or agents to comply with the terms and
conditions of this permit in the construction and maintenance of this project, and shall provide
each of its contractors and/or agents associated with the construction or maintenance of this
project with a copy of this permit, and any authorized modifications. A copy of this permit
including the authorized plans referenced in Special Condition (1) and authorized modifications,
including all conditions, shall be available at the project site during construction and maintenance
of this project.

5. Except as authorized by this permit or any USACE approved modification to this permit, no
excavation, fill, or mechanized land-clearing activities shall take place at any time in the
construction or maintenance of this project, within waters or wetlands, or shall any activities take
place that cause the degradation of waters or wetlands. In addition, except as specified in the
plans attached to this permit, no excavation, fill or mechanized land-clearing activities shall take
place at any time in the construction or maintenance of this project, in such a manner as to impair
normal flows and circulation patterns within, into, or out of waters or wetlands or to reduce the
reach of waters or wetlands.

This permit does not authorize temporary placement or double handling of excavated or fill
material or construction equipment within waters or wetlands outside the permitted area.

6. To ensure that all borrow and waste activities occur on high ground and do not result in the
degradation of adjacent wetlands and streams, except as authorized by this permit, the permittee
shall require its contractors and/or agents to identify all areas to be used to borrow material, or to
dispose of dredged, fill, or waste material. The permittee shall provide the USACE with
appropriate maps indicating the locations of proposed borrow or waste sites as soon as the
permittee has that information. The permittee will coordinate with the USACE before approving
any borrow or waste sites that are within 400 feet of any streams or wetlands. All jurisdictional
wetland lines on borrow and waste sites shall be verified by the Corps of Engineers and shown on
the approved reclamation plans. The permittee shall ensure that all such areas comply with the
preceding condition of this permit, and shall require and maintain documentation of the location
and characteristics of all borrow and disposal sites associated with this project. This information
SAW-2016-02484
will include data regarding soils, vegetation and hydrology sufficient to clearly demonstrate
compliance with the preceding condition. All information will be available to the USACE upon
request. NCDOT shall require its contractors to complete and execute reclamation plans for each
waste and borrow site and provide written documentation that the reclamation plans have been
implemented and all work is completed. This documentation will be provided to the Corps of
Engineers within 30 days of the completion of the reclamation work.

8. This USACE permit does not authorize you to take a threatened or endangered species, in
particular, the Northern Long-eared Bat (NLEB) (Myotis septentrionalis). 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 North
Carolina Department of Transportation (NCDOT) Activities in Eastern North Carolina (Divisions
1-8),” dated March 25, 2015, and adopted on April 10, 2015, contains mandatory terms and
conditions to implement the reasonable and prudent measures that are associated with “incidental
take” that are specified in the BO. Your authorization under this USACE permit is conditioned
upon your compliance with all the mandatory terms and conditions (incorporated by reference
into this permit) associated with incidental take of the BO. Failure to comply with the terms 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 terms
and conditions of its BO and with the ESA.

9. In order to compensate for impacts associated with this permit, mitigation shall be provided in
accordance with the provisions outlined on the most recent version of the attached Compensatory
Mitigation Responsibility Transfer Form. The requirements of this form, including any special
conditions listed on this form, are hereby incorporated as special conditions of this permit
authorization. ** Already satisfied on 1/3/2022.

Brad Shaver
Digitally signed by Brad
Shaver
Date: 2022.05.25 15:23:25
-04'00'

Action ID Number: SAW-2016-02484 County: Onslow

Permittee: NCDOT-Division 3, Chad Kimes

Project Name: U 5878

Date Verification Issued: 5/25/2022

Project Manager: Brad Shaver

Upon completion of the activity authorized by this permit and any mitigation required by the permit,
sign this certification and return it to the following address:

US ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT
Attn: Brad Shaver
Wilmington Regulatory Office
U.S Army Corps of Engineers
69 Darlington Avenue
Wilmington, North Carolina 28403
or
[e-mail]

Please note that your permitted activity is subject to a compliance inspection by a U. S. Army Corps of
Engineers representative. Failure to comply with any terms or conditions of this authorization may
result in the Corps suspending, modifying or revoking the authorization and/or issuing a Class I
administrative penalty, or initiating other appropriate legal action.

I hereby certify that the work authorized by the above referenced permit has been completed in
accordance with the terms and condition of the said permit, and required mitigation was completed in
accordance with the permit conditions.

_______________________________________ ______________________
Signature of Permittee Date

CESAW-RG (File Number, SAW-2016-02484)

MEMORANDUM FOR RECORD

SUBJECT: Department of the Army Memorandum Documenting General Permit
Verification
1.0 Introduction and Overview

Information about the proposal subject to one or more of the Corps regulatory authorities is
provided in Section 1, detailed evaluation of the activity is found in Sections 2 through 4 and
findings are documented in Section 5 of this memorandum. Further, summary information
about the activity including the administrative history of actions taken during project evaluation
is attached (ORM2 summary) and incorporated into this memorandum.

NOTE: This template uses the term pre-construction notification (PCN) to identify when
notification is sent to the Corps to evaluate a proposed activity on a case-by-case basis to
ensure that the activity will cause no more than minimal adverse environmental effects,
individually and cumulatively for verification under a general permit. While PCN is commonly
associated with Nationwide Permit (NWP) verification requests, this document uses the term
PCN for notification sent to the Corps for all GP verifications (i.e., NWPs, Regional General
Permits, Programmatic General Permits).
1.1 Applicant name: NCDOT-Division 3, Chad Kimes

1.2 Activity location: Latitude: 34.783696 Longitude: -77.380682 Location description: The
project area (U 5878) is located along Commerce Road (SR 1705) between Fairway Road
and Piney Green Road in Jacksonville.
1.3 Description of activity requiring verification:This verification would authorize the
completion of Commerce Road between Fairway and Piney Green by filling two streams
and one riparian wetland. This verification authorizes the permanent fill of 0.252 of an
acre of wetlands, 0.056 of an acre of mechanized land clearing in wetlands, loss of 181
feet of perennial streams, and 208 feet of stream impact associated with bank
stabilization.
1.4 Existing conditions and any applicable project history:
After-the-fact: No.

1.4.1 Jurisdictional Determination:
Is this project supported by a Jurisdictional Determination? Yes, Preliminary Jurisdictional
Determination 6/29/2017

1.5 Permit authority: Section 404 of the Clean Water Act (33 USC 1344)

1.6 Applicable Permit: Nationwide 14

1.7 Waiver Discussion:

CESAW-RG (File Number, SAW-2016-02484)

Does the activity require a written waiver of the NWP limits? No.

Activity requires a waiver from the requirements of a regional condition(s)? No.
2.0 Evaluation of the Pre-Construction Notification
2.1 Direct and indirect effects caused by the GP activity: Direct effects are to a riparian
wetland and two stream channels.
2.2 Site specific factors: N/A

2.3 Coordination

2.3.1 Interagency Coordination

Was the PCN coordinated with other agencies? No.

2.3.2 Corps internal coordination

Was the PCN coordinated with other Corps business lines? No.

3.0 Mitigation

3.1 Avoidance and minimization

Provide brief description of how the activity has been designed on-site to avoid and minimize
adverse effects, both temporary and permanent, to waters of the United States to the
maximum extent practicable at the project site: The applicant provided a detailed statement
describing their efforts to avoid and minimized impacts to waters of the United States
on the project site in the preconstruction notification. Based on this information, the
Corps believes the applicant has avoid and minimized impacts to waters of the United
State to the maximum extent practicable.

Describe other mitigative actions including project modifications implemented to minimize
adverse project impacts? (see 33 CFR 320.4(r)(1)(i))
None

3.2 Compensatory mitigation requirement

Is compensatory mitigation required for unavoidable impacts to jurisdictional aquatic resources
to reduce the individual and cumulative adverse environmental effects to a minimal level?
Yes.

Provide rationale: Compensatory mitigation is required to ensure minimal adverse
environmental effects. The loss of wetlands associated with the activity is greater than
CESAW-RG (File Number, SAW-2016-02484)

0.10 acre. Compensatory mitigation is required to ensure minimal adverse
environmental effects. The loss of stream channel associated with the activity is greater
than 150 linear feet.

3.3 Type and location of compensatory mitigation

3.3.1 Mitigation bank service area

Is the impact in the service area of an approved mitigation bank? Yes.

If yes, does the mitigation bank have the appropriate number and resource type of credits
available? Yes.

3.3.2 In-lieu fee program service area

Is the impact in the service area of an approved in-lieu fee program? Yes.
If yes, does the in-lieu fee program have the appropriate number and resource type of credits
available? Yes.

3.3.3 Compensatory mitigation

Selected compensatory mitigation type/location(s): See Table 1

Table 1: Mitigation Type and Location
Mitigation bank credits
In-lieu fee program credits
Permittee-responsible mitigation under a watershed approach
Permittee-responsible mitigation, on-site and in-kind
Permittee-responsible mitigation, off-site and/or out of kind

3.3.4 Mitigation hierarchy

Does the selected compensatory mitigation option deviate from the order of the options
presented in §332.3(b)(2)-(6)? Yes.

If yes, provide the rationale for the deviation, including the likelihood for ecological success
and sustainability, location of the compensation site relative to the impact site and their
significance within the watershed, and/or the costs of the compensatory mitigation project (see
33 CFR §332.3(a)(1)): NCDOT utilizes the in leu fee program to pre program mitigation
needs in areas of new projects. This allows for mitigation to be in the ground and
advancing far before the projects come on line.

3.3.5 Watershed approach

Does the selected compensatory mitigation option follow a watershed approach? N/A

Is the impact in a watershed with a watershed plan? No

CESAW-RG (File Number, SAW-2016-02484)

3.4 Amount of compensatory mitigation

Amount of compensatory mitigation: Impacts to wetlands of 0.308 will require mitigation at
2:1 for a need of 0.616, stream loss of 181 linear feet will require mitigation at 2:1
for a need of 362 linear feet.

Rationale for required compensatory mitigation amount: This amount of compensatory
mitigation is necessary to replace the permanent loss of WOUS and temporal loss at the
mitigation site.

** Mitigation satisfied on 1/3/2022 through the execution of the mitigation transfer form.

4.0 Compliance with Other Laws, Policies and Requirements
4.1 Section 7(a)(2) of the Endangered Species Act (ESA)

4.1.1 ESA action area:

The ESA are is from start to finish along the roadway project.

4.1.2 Lead federal agency for Section 7 of the ESA

Has another federal agency taken steps to document compliance with Section 7 of the ESA
and completed consultation(s) as required? No.

4.1.3 Listed/proposed species and/or designated/proposed critical habitat

Are there listed or proposed species or designated critical habitat or proposed critical habitat
that may be present or in the vicinity of the Corps’ action area? No. The Corps has
determined that it has fulfilled its responsibilities under Section 7(a)(2) of the ESA.
IPAC Species in Onslow County:
The only species that may be in the area would be the RCW but there are no trees or
known cavity trees within the project area.

Effect determination(s), including no effect, for all known species/habitat, and basis for
determination(s): Based on the latest version of the Natural Heritage Program’s NHEO
data, there are no protected species located within or in the vicinity of the action area.

4.1.4 Section 7 ESA consultation \

Consultation with either the National Marine Fisheries Service and/or the U.S. Fish and Wildlife
Service was initiated and completed as required, for any determinations other than “no effect”
(see the attached “Summary” sheet for begin date, end date and closure method of the
consultation). Based on a review of the information above, the Corps has determined that it
has fulfilled its responsibilities under Section 7(a)(2) of the ESA.

CESAW-RG (File Number, SAW-2016-02484)

4.2 Magnuson-Stevens Fishery Conservation and Management Act, Essential Fish Habitat
(EFH) The NWPs/RGPs were coordinated with the NMFS during the permit renewal
process. NMFS coordination/EFH consultation is required if the activity affects SAV.
This activity does not affect SAV. Therefore, NMFS coordination/EFH consultation has
been completed.

4.2.1 Lead federal agency for EFH provisions of the Magnuson-Stevens Act

Has another federal agency taken steps to comply with EFH provisions of Magnuson-Stevens
Act with the Corps designated as a cooperating agency and has that consultation been
completed? No.4.2.2 Magnuson-Stevens Act

Did the proposed project require review under the Magnuson-Stevens Act? No.

If “yes,” state that the district engineer determined the proposed activity may adversely affect
EFH and thus requires EFH consultation with NMFS.
4.3 Section 106 of the National Historic Preservation Act (Section 106)

4.3.1 Section 106 permit area

The permit area includes those areas comprising waters of the United States that will be
directly affected by the proposed work or structures, as well as activities outside of waters
of the U.S. because all three tests identified in 33 CFR 325, Appendix C(g)(1) have been
met.

Final description of the permit area: All three test have been met and portions of the larger
project undertaken outside of waters of the U.S. are in the permit area. Activities
undertaken outside WOUS are included in the permit area because those activities are
directly associated and integrally related with the authorized work and those activites
would not occur but for the authorization of the work within the WOUS.

4.3.1 Lead federal agency for Section 106 of the National Historic Preservation Act

Has another federal agency been identified as the lead federal agency for complying with
Section 106 of the National Historic Preservation Act with the Corps designated as a
cooperating agency and has that consultation been completed? No.

4.3.2 Historic properties

Known historic properties? No. Based on information and/or a survey provided by the
applicant, there are historic properties located in the permit area or in close proximity to
the permit area.

Effect determination and basis for that determination: The Corps has determined the
proposed activity will have no effect on properties listed or eligible for listing in the
National Register of Historic Places.

CESAW-RG (File Number, SAW-2016-02484)

4.3.3 Consultation with the appropriate agencies, tribes and/or other parties for effect
determinations

Consultation was initiated and completed with the appropriate agencies, tribes and/or other
parties for any determinations other than “no potential to cause effects.” (see the attached
ORM2 Summary sheet for begin date, end date and closure method of the consultation)

4.4 Tribal Trust Responsibilities

4.4.1 Tribal government-to-government consultation

Was government-to-government consultation conducted with Federally-recognized Tribe(s)?
No. There are no known tribal interests in the project area.

4.4.2 Other Tribal consultation

Other Tribal including any discussion of Tribal Treaty rights? No. There are no known tribal
interests in the project area.

4.5 Section 401 of the Clean Water Act – Water Quality Certification (WQC)

4.5.1 Section 401 WQC requirement

Is a Section 401 WQC required, and if so, has the certification been issued or waived? A
general WQC has been issued for this permit.

4.5.2 401(a)(2) Process

If the certifying authority granted an individual WQC, did EPA make a determination that the
discharge ‘may affect’ water quality in a neighboring jurisdiction? No, not an individual
certification.

4.6 Coastal Zone Management Act (CZMA)

4.6.1 CZMA consistency concurrence

Is a CZMA consistency concurrence required, and if so, has the concurrence been issued,
waived or presumed? A general CZMA consistency concurrence has been issued for this
permit.
4.7 Wild and Scenic Rivers Act

4.7.1 National Wild and Scenic River System

CESAW-RG (File Number, SAW-2016-02484)

Is the projectlocated in a component of the National Wild and Scenic River System, or in a
river officially designated by Congress as a “study river” for possible inclusion in the system?
No. According to http://www.rivers.gov, the proposed project area is not within a
designated or study river.

4.8 Effects on Corps Civil Works Projects (33 USC 408)

4.8.1 Permission requirements under Section 14 of the Rivers and Harbors Act (33 USC 408)

Does the applicant also require permission under Section 14 of the Rivers and Harbors Act (33
USC 408) because the activity, in whole or in part, would alter, occupy, or use a Corps Civil
Works project? No, there are no Corps Civil Works project(s) in or near the vicinity of the
proposal.

4.9 Other (as needed)

N/A

4.10 Compliance Statement

The Corps has determined that it has fulfilled its responsibilities under the following laws,
regulations, policies, and guidance:

Table 3 – Compliance with Federal Laws and Responsibilities
Laws, Regulations, Policies, and
Guidance
Yes N/A
Section 7(a) (2) of the ESA x
EFH provisions of the Magnuson-Stevens
Act
x
Section 106 of the NHPA x
Tribal Trust x
Section 401 of the CWA x
CZMA x
Wild and Scenic Rivers Act x
Section 408 - 33 USC 408 x
Other: Select N/A or enter other laws,
regulations, policies, and guidance identified
in Section 4.9 above.
N/A

5.0 Special Conditions

5.1 Special condition(s) requirement(s)

CESAW-RG (File Number, SAW-2016-02484)

Are special conditions required to ensure minimal effects, ensure the authorized activity is not
contrary to the public interest and/or ensure compliance of the activity with any of the laws
above? Yes.

5.2 Special condition(s)

1. All work must be performed in strict compliance with the plans attached to the
application dated 12/13/2021 and permit drawings sheet 1-9 of 9 dated 12/13/2021 attached,
which are authorized by this permit. Any modification to the authorized permit plans
must be approved by the USACE prior to implementation.

2. Failure to institute and carry out the details of the following special conditions, below,
will result in a directive to cease all ongoing and permitted work within waters and/or
wetlands associated with the permitted project, or such other remedies and/or fines as the
District Engineer or his authorized representatives may seek.

3. The permittee will ensure that the construction design plans for this project do not
deviate from the authorized permit plans. Any deviation in the construction design plans
will be brought to the attention of the Corps of Engineers, Wilmington Regulatory Field
Office prior to any active construction in waters or wetlands.

4. The permittee shall require its contractors and/or agents to comply with the terms and
conditions of this permit in the construction and maintenance of this project, and shall
provide each of its contractors and/or agents associated with the construction or
maintenance of this project with a copy of this permit, and any authorized modifications.
A copy of this permit including the authorized plans referenced in Special Condition (1)
and authorized modifications, including all conditions, shall be available at the project site
during construction and maintenance of this project.

5. Except as authorized by this permit or any USACE approved modification to this
permit, no excavation, fill, or mechanized land-clearing activities shall take place at any
time in the construction or maintenance of this project, within waters or wetlands, or shall
any activities take place that cause the degradation of waters or wetlands. In addition,
except as specified in the plans attached to this permit, no excavation, fill or mechanized
land-clearing activities shall take place at any time in the construction or maintenance of
this project, in such a manner as to impair normal flows and circulation patterns within,
into, or out of waters or wetlands or to reduce the reach of waters or wetlands.

This permit does not authorize temporary placement or double handling of excavated or
fill material or construction equipment within waters or wetlands outside the permitted
area.

6. To ensure that all borrow and waste activities occur on high ground and do not result in
the degradation of adjacent wetlands and streams, except as authorized by this permit, the
permittee shall require its contractors and/or agents to identify all areas to be used to
borrow material, or to dispose of dredged, fill, or waste material. The permittee shall
CESAW-RG (File Number, SAW-2016-02484)
provide the USACE with appropriate maps indicating the locations of proposed borrow or
waste sites as soon as the permittee has that information. The permittee will coordinate
with the USACE before approving any borrow or waste sites that are within 400 feet of any
streams or wetlands. All jurisdictional wetland lines on borrow and waste sites shall be
verified by the Corps of Engineers and shown on the approved reclamation plans. The
permittee shall ensure that all such areas comply with the preceding condition of this
permit, and shall require and maintain documentation of the location and characteristics of
all borrow and disposal sites associated with this project. This information will include
data regarding soils, vegetation and hydrology sufficient to clearly demonstrate compliance
with the preceding condition. All information will be available to the USACE upon
request. NCDOT shall require its contractors to complete and execute reclamation plans
for each waste and borrow site and provide written documentation that the reclamation
plans have been implemented and all work is completed. This documentation will be
provided to the Corps of Engineers within 30 days of the completion of the reclamation
work.
8. This USACE permit does not authorize you to take a threatened or endangered species,
in particular, the Northern Long-eared Bat (NLEB) (Myotis septentrionalis). 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 North
Carolina Department of Transportation (NCDOT) Activities in Eastern North Carolina
(Divisions 1-8),” dated March 25, 2015, and adopted on April 10, 2015, contains mandatory
terms and conditions to implement the reasonable and prudent measures that are
associated with “incidental take” that are specified in the BO. Your authorization under
this USACE permit is conditioned upon your compliance with all the mandatory terms and
conditions (incorporated by reference into this permit) associated with incidental take of
the BO. Failure to comply with the terms 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 terms and conditions of its BO and
with the ESA.
9.In order to compensate for impacts associated with this permit, mitigation shall be
provided in accordance with the provisions outlined on the most recent version of the attached
Compensatory Mitigation Responsibility Transfer Form. The requirements of this form,
including any special conditions listed on this form, are hereby incorporated as special
conditions of this permit authorization.
Rationale:See Section 3.0.
6.0 Determination
6.1 General Permit Statement
CESAW-RG (File Number, SAW-2016-02484)

The activity, with the required mitigation, will result in no more than minimal individual and
cumulative adverse effects on the aquatic environment and will not be contrary to the public
interest, provided the permittee complies with the special conditions identified above.

6.2 Compliance Statement

This activity, as described, complies with all terms and conditions of the permit identified in
Section 1.5.

PREPARED BY:

________________________ Date: 5/25/2022
Brad Shaver

Brad Shaver Digitally signed by Brad Shaver
Date: 2022.05.25 15:24:10
-04'00'
U.S. ARMY CORPS OF ENGINEERS
Wilmington District

Page 1 of 2 Form Version 10 June 2020_updated