20230981 Ver 1_USACE Permit_20231103 (3)

DEPARTMENT OF THE ARMY
U.S. ARMY CORPS OF ENGINEERS, WILMINGTON DISTRICT
WILMINGTON REGULATORY OFFICE
69 DARLINGTON AVENUE
WILMINGTON NORTH CAROLINA 28403
November 3, 2023
Regulatory Program/Division
Wilmington District
Charlotte Regulatory Office
SAW-2023-00409
Clay Heath, P.E.
Town of Harrisburg
4100 Main Street
Harrisburg, North Carolina 28075
Via Email: [e-mail]
Dear Mr./Ms. Heath, P.E.:
This letter is in response to the Pre -Construction Notification (PCN) you submitted to
the Wilmington District, Charlotte Regulatory Office on July 14, 2023, for a Department
of the Army Nationwide permit (NWP) verification. This project has been assigned the
file number SAW-2023-00409 and is known as None. This file number should be
referenced in all correspondence concerning this project.
A review of the information provided indicates that the proposed work would include
the construction of a new alignment roadway connecting Hagler Street and Cambridge
Drive, and the construction of a segment of the Davis Creek greenway project. The
project area for this determination includes an approximately 0.25 acre area which is
illustrated on the enclosed site plans/maps. The project/review area is located along
and across Davis Creek between Hagler Street and Cambridge Drive, at Latitude
35.324748 and Longitude-80.642430; in Harrisburg, Cabarrus County, North Carolina.
We have determined that the proposed work would be authorized by Nationwide
Permit 14 pursuant to authorities under Section 10 of the Rivers and Harbors Act of
1899 (33 U.S.C. § 403), and/or Section 404 of the Clean Water Act (33 U.S.C. § 1344)
and Section 14 of the Rivers and Harbors Act of 1899 (33 U.S.C. § 408). The proposed
work must be accomplished in strict accordance with the general permit conditions, any
regional conditions, the special conditions listed in this letter, the application materials,
and the enclosed plans "Town of Harrisburg Cabarrus County From Carl Parmer Drive
to Cambridge Drive and Davis Greenway" (four pp). If the extent of the project area
and/or nature of the authorized impacts to waters are modified, a revised PCN must be
submitted to this office for written approval before work is initiated. Any violation of
permit conditions or deviation from your submitted plans may subject the permittee to
enforcement action.

This verification is valid until March 14, 2026, unless prior to this date the subject
NWP(s) is suspended, revoked, or is modified such that the activity no longer complies
with the terms and conditions of this NWP. If you commence or are under contract to
commence this activity before the date that the relevant NWP is modified or revoked,
you will have 12 months from the date of the modification or revocation of the NWP to
complete the activity under the present terms and conditions of this NWP.
Project Specific Special Conditions:
1. The information provided indicates that suitable forage and/or roosting habitat for
the proposed endangered tricolored bat (Perimyotis subflavus) may occur within
the proposed action area. To avoid impacts to this species, we highly encourage
project proponents to accomplish any necessary tree clearing outside of the
"active season" for this animal. The active season for tricolored bat occurs
during the warmer time of year from April 1 - October 15. Although this species
is not currently afforded legal protection under Section 7 of the Endangered
Species Act (ESA), this impact minimization measure would support our
concurrence with a "may affect, not likely to adversely affect" determination from
the appropriate action agency should this species become listed in the future. If
the proposed action would not affect suitable habitat for this animal, we would not
object to a "no effect" determination from the appropriate action agency.
Activities subject to Section 404 (as indicated above) may also require an individual
Section 401 Water Quality Certification. You should contact the NC Division of Water
Resources (telephone [phone]) to determine Section 401 requirements.
For activities occurring within the twenty coastal counties subject to regulation under
the Coastal Area Management Act (CAMA), prior to beginning work you must contact
the N.C. Division of Coastal Management in Wilmington, NC, at [phone].
This NWP verification does not preclude the necessity to obtain any other Federal,
State, or local permits, licenses, and/or certifications, which may be required.

If you have any questions related to this verification or have issues accessing
documents referenced in this letter, please contact Christopher Hopper, PM of the
Technical Regional Execution Center on behalf of the Charlotte Regulatory Office at
[phone], by mail at 100 West Oglethorpe St., Savannah, GA 31401, or by email
at [e-mail]. If you have any questions related to follow-up
actions associated with this permit, such as compliance inspections, please contact
Krysta Stygar, PM of the Charlotte Regulatory Office at [phone], by mail at 8430
University Executive Park Drive, Suite 615, Charlotte, North Carolina 28262, or by email
at krystynka. b. stygar@usace. army. m i 1. Please take a moment to complete our customer
satisfaction survey located at https://regulatory.ops.usace.army.miI/ords/f?p=136.4.
Sincerely,
Christopher Hopper
Team Lead / Wilmington District Liaison
Enclosures
Cc (w/enclosures)
Chris Rivenbark, RK&K (via [e-mail])

General Conditions (33 CFR PART 320-330):
1. The time limit for completing the work authorized ends on March 14, 2026.
2. You must maintain the activity authorized by this permit in good condition and in
conformance with the terms and conditions of this permit. You are not relieved of this
requirement if you abandon the permitted activity, although you may make a good faith
transfer to a third party in compliance with General Condition 4 below. Should you wish
to cease to maintain the authorized activity or should you desire to abandon it without a
good faith transfer, you must obtain a modification of this permit from this office, which
may require restoration of the area.
3. If you discover any previously unknown historic or archeological remains while
accomplishing the activity authorized by this permit, you must immediately notify this
office of what you have found. We will initiate the Federal and state coordination
required to determine if the remains warrant a recovery effort of if the site is eligible for
listing in the National Register of Historic Places.
4. If you sell the property associated with this permit you must obtain the signature
of the new owner on a transfer form as described in General Condition 29 and forward a
copy to this office to validate the transfer of this authorization.
5. A conditioned water quality certification has been issued for your project, you
must comply with the conditions specified in the certification as special conditions to this
perm it.
6. You must allow a representative from this office to inspect the authorized activity
at any time deemed necessary to ensure that it is being or has been accomplished in
accordance with the terms and conditions of your permit.

Compliance Certification Form
Action ID Number: SAW-2023-00409 County: Cabarrus
Permittee: Town of Harrisburg, Clay Heath, P.E.
Project Name: None
Date Verification Issued: 11/3/2023
Project Manager: Krysta Stygar
Within 30 days of completion of the activity authorized by this permit and any mitigation
required by the permit, sign this certification and return it to the following address:
US ARMY CORPS OF ENGINEERS
Wilmington District
Attn: Krysta Stygar
Charlotte Regulatory Office
8430 University Executive Park Drive, Suite 615
Charlotte, North Carolina 28262
or
krystyn ka. b. styg ar@usace. army. m i I
Please note that your permitted activity is subject to a compliance inspection by a U. S.
Army Corps of Engineers representative. Failure to comply with any terms or conditions
of this authorization may result in the Corps suspending, modifying or revoking the
authorization and/or issuing a Class I administrative penalty, or initiating other
appropriate legal action.
hereby certify that the work, and mitigation (if applicable), authorized by the above
referenced permit has been completed in accordance with the terms and conditions of
the said permit including any general or specific conditions.
Date Authorized Work Started:
Completed:
Describe any deviations from permit (attach drawing(s) depicting the deviations):
*Note: The description of any deviations on this form does not constitute approval by the Corps.
Signature of Permittee
Date

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