20231420 Ver 1_USACE Provisional_20231211

Baker, Caroline D
From: Meyer, Laura J CIV USARMY CESAW (USA) <[e-mail]>
Sent: Monday, December 11, 2023 3:20 PM
To: Kevin Martin; [e-mail]
Cc: Thomas, Zachary T; Myers, Joseph M
Subject: [External] Provisional NWP 29: SAW-2023-01446 / Yardly Buffalo Village / 5221 &
5225 Forestville Road / Raleigh NC / Wake County
Attachments: NWP29.pdf
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ALCON,
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. Additional special
conditions may be added to the final general permit verification:
a. 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 of this species in the Federal Register. Work associated with the
aforementioned activities not completed by that time must cease and the permittee must contact Laura
Meyer of the Corps at [phone] or [e-mail] 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.
Thank you,
Laura
Laura J. Meyer, PWS
Regulatory Specialist
U.S. Army Corps of Engineers
CE-SAW-RG-R
3331 Heritage Trade Drive, Suite 105
Wake Forest, NC 27587

Phone: [phone]
Email: [e-mail]