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HomeMy WebLinkAbout20211424 Ver 1_Provisional NWP 27 VerificationCAUTION: External email. Do not click links or open attachments unless verified. Report suspicious emails with the Report Message button located on your Outlook menu bar on the Home tab. Good morning Angela and Shawn, 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: Wildlands Cape Fear 02 UMB- Flat Rock Mitigation Project USACE Action ID: SAW-2021-01309 Location: Latitude: 36.241666°N Longitude: -79.688559°W County: Guilford Special Conditions: 1. The permittee understands and agrees that the document entitled “Final Mitigation Plan Wildlands Cape Fear 02 Umbrella Mitigation Bank, Flat Rock Mitigation Site” dated May 08, 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 be advised: 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. 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 ®