HomeMy WebLinkAbout20231422 Ver 1_External SAW-2023-00044 Wilmington Industrial Partners Garner NC_20231023Baker, Caroline D
From: Capito, Rachel A CIV USARMY CESAW (USA) <Rachel.A.Capito@usace.army.mil>
Sent: Monday, November 27, 2023 9:54 AM
To: Jennifer Robertson
Cc: Thomas, Zachary T; Myers, Joseph M
Subject: [External] SAW-2023-00044 Wilmington Industrial Partners Garner, NC
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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. Additional special
conditions may be added to the final general permit verification:
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.Capitoa_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.
2. Please note that future impacts and/or phases and related activities associated with Corps
Action ID: SAW-2023-00044, may be considered part of a single and complete project, these
impacts may be considered cumulative with impacts authorized during earlier phases with
respect to compensatory mitigation and Nationwide Permit thresholds.
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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