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HomeMy WebLinkAbout_External_ NWP 27 Authorization_ City of Charlotte UMBI- Long Creek_ SAW-2020-02219_ Mecklenburg CountyBaker, Caroline D From: Haywood, Casey M CIV USARMY CEMVP (USA) <Casey.M.Haywood@usace.army.mil> Sent: Monday, March 27, 2023 2:12 PM To: Ian Eckardt; Shanaberger, Erin Cc: Tugwell, Todd J CIV USARMY CESAW (US); Pitner, Andrew; Bowers, Todd; Munzer, Olivia; Youngman, Holland J Subject: [External] NWP 27 Authorization/ City of Charlotte UMBI- Long Creek/ SAW-2020-02219/ Mecklenburg County Attachments: 2022 NWP 27.pdf, 2020-02219 Long Creek NWP 27 Final.pdf CAUTION: External email. Do not click links or open attachments unless you verify. Send all suspicious email as an attachment to Report Spam. Erin and Ian, Attached to this message is the requested Section 404 permit authorization for the following project: Project Name: Charlotte -Mecklenburg Storm Water Services UMBI- Long Creek Corridor Stream & Wetland Mitigation Site USACE Action ID: SAW-2020-02219 Location: Latitude: 35.342234 °N Longitude:-80.870171°W County: Mecklenburg Also attached are the corresponding regional and general conditions, and the permit compliance certification. Please note that design plans submitted with the PCN as well as all special, general and regional conditions must be strictly adhered to in order for this verification letter/authorization to remain valid. This electronic copy is your official Department of the Army authorization; no paper copy will be mailed. Respectfully, Casey Haywood Mitigation Specialist, Regulatory Division I U.S. Army Corps of Engineers (919) 750-7397 work cell BUILDING STRONG From: Haywood, Casey M CIV USARMY CESAW (USA) Sent: Wednesday, March 1, 2023 4:27 PM To: Ian Eckardt <ieckardt@wildlandseng.com>; Shanaberger, Erin <Erin.Shanaberger@charlottenc.gov> Cc: Tugwell, Todd J CIV USARMY CESAW (USA) <Todd.J.Tugwell@usace.army.mil>; andrew.pitner@ncdenr.gov; Bowers, 1 Todd <bowers.todd@epa.gov>; Munzer, Olivia <olivia.munzer@ncwildlife.org>; Youngman, Holland J <hollandyouungman@fws.gov> Subject: Provisional NWP 27 Verification/ City of Charlotte UMBI- Long Creek/ SAW-2020-02219/ Mecklenburg County Erin and Ian, This is a provisional general permit verification. Your proposed work may be authorized by the above referenced general permit once EPA has completed their review and issues a determination for this project pursuant to CWA Section 401 (a)(2). Once received, the Corps will provide you with a final general permit verification. Your proposed work shall not commence until after the 401 Certification has been issued or waived AND until a final general permit verification has been provided to you. Attached are the corresponding regional and general conditions associated with this permit. Please note additional special conditions may be added to the final general permit verification. Project Name: Charlotte -Mecklenburg Storm Water Services UMBI- Long Creek Corridor Stream & Wetland Mitigation Site USAC E Action ID: SAW-2020-02219 Location: Latitude: 35.342234 °N Longitude:-80.870171°W County: Mecklenburg Special Conditions: 1. This Nationwide Permit verification is provided for construction activities on the Long Creek Water Quality Improvement Project. Per the request by the Permittee, this authorization is provided for construction activities that will be undertaken concurrently with the Long Creek Greenway Phase 2 Project, which is not for mitigation credit, prior to finalization of the Long Creek Water Quality Improvement Project Site Specific Mitigation Plan (SSMP). Accordingly, this authorization does not imply approval of the Draft SSMP and all activities undertaken as part of this authorization are done so at the Permittee's risk. Further, this permit authorization does not imply suitability of this project for compensatory wetland mitigation for any particular project. The use of any portion of this site as compensatory mitigation for a particular project will be determined during our public interest review and 404 (b) (1) Guidelines analysis during the permit review process. 2. This Nationwide Permit verification does not imply suitability of this property for compensatory mitigation for any particular project. The use of any portion of this site as compensatory mitigation for a particular project will be determined during the permit review process for that project. Please Note: Suitable habitat for tricolored bat (Perimyotis subflavus) may present at the site. On September 14, 2022, the USFWS published a proposal in the Federal Register to list the tricolored bat as endangered under the Act. The Service has up to 12 months from the date the proposal published to make a final determination, either to list the tricolored bat under the Act or to withdraw the proposal. The Service determined the bat faces extinction primarily due to the range -wide impacts of WNS. Because tricolored bat populations have been greatly reduced due to WNS, surviving bat populations are now more vulnerable to other stressors such as human disturbance and habitat loss. Species proposed for listing are not afforded protection under the Act; however, as soon as a listing becomes effective (typically 30 days after publication of the final rule in the Federal Register), the prohibitions against jeopardizing its continued existence and "take" will apply. Therefore, if you suspect your future or existing project may affect tricolored bats after the potential new listing goes into effect, the Service recommends analyzing possible effects of the project on tricolored bats and their habitat to determine whether consultation under section 7 of the Act is necessary. Conferencing procedures can be followed prior to listing to ensure the project does not jeopardize the existence of a species. Projects with an existing section 7 biological opinion may require re -initiation of consultation to provide uninterrupted authorization for covered activities. Please contact me if you have any questions regarding this provisional verification. Thank you, Casey Haywood Mitigation Specialist, Regulatory Division I U.S. Army Corps of Engineers (919) 750-7397 work cell BUILDING STRONG