20210536 Ver 1_USACE Permit_20230530

Homewood, Sue
From:
Haywood, Casey M CIV USARMY CESAW (USA) <[e-mail]>
Sent:
Tuesday, May 30, 2023 1:28 PM
To:
Benton Carroll
Cc:
Jamey Mceachran [e-mail]); Emily Ulman; Isenhour, Kimberly T CIV
USARMY CESAW (USA); Tugwell, Todd J CIV USARMY CESAW (US); Davis, Erin B CIV
USARMY CESAW (USA); Merritt, Katie; Haupt, Mac; Polizzi, Maria; Homewood, Sue;
Bowers, Todd; [e-mail]; Wilson, Travis W.; Munzer, Olivia; Gibby,
Jean B CIV USARMY CESAW (USA); Crumbley, Tyler A CIV USARMY CESAW (USA)
Subject:
[External] Provisional NWP 27 Verification/ RES CF02- Tobacco Road/
SAW-2021-00489/Alamance County
Attachments:
2022 NWP 27.pdf
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Good afternoon Ben,
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: RES Cape Fear 02 UMB- Tobacco Road Mitigation Project
USACE Action ID: SAW-2021-00489
Location: Latitude: 35.973063°N Longitude:-79.282234°W
County: Alamance
Special Conditions:
1. The permittee understands and agrees that the document entitled "Final Mitigation Plan Tobacco Road
Mitigation Site" dated April 2023, is incorporated and made part of this permit. Execution of the work and
terms given in the approved mitigation plan are a condition of this permit.
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
[phone] work cell
BUILDING STRONG