_External_ SAW-2016-01370 NCDOT U-5738 SR 2528 (Julian Road) over Town Creek_Tributary to Town Creek_ Rowan County_ NC

Wanucha, Dave
From: Brumagin, Stephen A (Steve) CIV USARMY CESAW (USA)
<[e-mail]>
Sent: Monday, July 24, 2023 4:18 PM
To: Euliss, Amy
Cc: Wanucha, Dave
Subject: [External] SAW-2016-01370 NCDOT U-5738 SR 2528 (Julian Road) over Town
Creek/Tributary to Town Creek, Rowan County, NC
Attachments: U-5738 12 inch water line.pdf, Nationwide Permit 58-FINAL.pdf, 1346-004_Directional
Drill Creek Preparation.pdf
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Amy,
On July 24, 2023, the US Army Corps of Engineers, Wilmington District received your e-mail notification detailing the
impacts associated with the relocation of a water utility line as part of the Corps previously authorized RGP-50 (issued
on November 2, 2021) for the NCDOT U-5738 SR 2528 (Julian Road) over Town Creek/Tributary to Town Creek, Rowan
County, North Carolina. In addition to this authorization, this project was recently submitted to the USFWS for
consultation for a Conference Opinion for the proposed for listing, Tricolored bat. That coordination include
conservation measures that NCDOT has agreed to implement as part of the may affect, but not likely to adversely affect
Tricolored bat. Your notification today indicates that NCDOT must relocate an existing water line for the U-5738 project
but was not included as part of the RGP authorization issued in November 2021. The relocation of a water line is
necessary for this U-5738 project and would require temporary impacts to waters necessary as in stream controls in the
event of a frack out while utilizing horizontal boring to place a 12 inch -diameter water line under Town Creek/Tributary
to Town Creek.
Based on the information provided in your request and the details provided on July 24, 2023, your work is authorized by
Nationwide Permit (NWP) 58 Utility Line Activities for Water and Other Substances along with the other
actions/consultation that NCDOT has been part of related to Section 7 of the Endangered Species Act, that the proposed
water line relocation does not require a pre -construction notification (PCN), provided it is accomplished in strict
accordance with the attached conditions and your submitted description. 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 are copies of the NWP 58, and the applicable permit conditions. If the nationwide
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 permit, will remain authorized provided the activity is
completed within twelve months of the date of the nationwide 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.
This response to your notification does not relieve the permittee of the responsibility to obtain any other required
Federal, State or local approvals/permits. If an individual water quality certification is required from the North Carolina
Division of Water Resources, the conditions of the certification are conditions of the NWP and you are not authorized to
start work in waters until a 401 is issued.
Please let me know if you have any questions regarding this permit or the conditions.
Stephen A. Brumagin

NCDOT Project Manager
U.S. Army Corps of Engineers,
Charlotte Field Office, Wilmington District
Work cell 704 798-6471