_External_ SAW-2023-01828 Cardinal Pipeline Relocation NWP 12 Garner Wake County

Baker, Caroline D
From: Capito, Rachel A CIV USARMY CESAW (USA) < [e-mail] >
Sent: Thursday, October 12, 2023 5:04 PM
To: [e-mail]; [e-mail]
Cc: Thomas, Zachary T; Myers, Joseph M
Subject: [External] SAW-2023-01828 Cardinal Pipeline Relocation NWP 12 Garner Wake
County
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This is a provisional notification that your proposed work may be authorized by the above referenced general permit
provided a 401 Certification is issued or waived. Once a 401 Certification is issued or waived, 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. The following special
condition will be added to the final general permit verification:
1. Suitable habitat for tricolored bat (Perimyotis subflavus) may be 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 Endangered Species Act (ESA). The permittee
understands and agrees that all work associated with the clearing and removal of trees and
removal or modification of culverts must be completed prior to the effective date of the final
listing in the Federal Register. Work associated with the aforementioned activities not
completed by that time must cease and the permittee must contact the Corps' (Rachel Capito,
Rachel.A.CapitoO-usace.army.mil) to determine if additional coordination with the United States
Fish and Wildlife Service is required under Section 7 of the Endangered Species Act prior to
continuing work.
As stated above, this is a provisional notification. This email does NOT provide Department of the Army (DA)
authorization. You are cautioned that commencement of the proposed activity(ies) requested prior to receiving a
written DA authorization would constitute a violation of Federal laws and subject you to further enforcement action.
Receipt of a permit from the state (e.g., NCDWR) does not preclude the requirement for obtaining DA authorization
(e.g., an NWP verification letter) prior to commencing the work.
Please contact me if you have any questions regarding this provisional verification or the Corps of Engineers regulatory
program.
Thanks,
Rachel
Rachel Capito
Regulatory Project Manager
Wilmington District
U.S. Army Corps of Engineers
3331 Heritage Trade Drive, Suite 105
Wake Forest, NC 27587
919.440.1823

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