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HomeMy WebLinkAbout20161267 Ver 1_Corps e-mail_20170131 Strickland, Bev From:Wheeler, Tracey L CIV USARMY CESAW (US) <Tracey.L.Wheeler@usace.army.mil> Sent:Tuesday, January 31, 2017 2:30 PM To:Williams, Paul C Cc:Ward, Garcy; Daisey, Greg; Biddlecome, William J JR CIV USARMY CESAW (US) Subject:Zebra Road Gates County Culvert Installation NWP 14 Attachments:NCDOT Zebra Road Culvert Installation.pdf; NWP14_3-23.pdf Paul, The USACE has reviewed NCDOT's request to impact jurisdictional wetlands associated with the installation of two culverts in Zebra Road near Winton in Gates County, North Carolina. As proposed, the project is consistent with the terms and conditions of Nationwide Permit 14 Linear Transportation Projects. In addition to the Specific and Regional Conditions, the following Special Condition applies: This USACE permit does not authorize you to take a threatened or endangered species, in particular, the Northern Long- eared Bat (NLEB) (Myotis septentrionalis). In order to legally take a listed species, you must have separate authorization under the Endangered Species Act (ESA) (e.g., a Biological Opinion (BO) under the ESA, Section 7, with "incidental take" provisions with which you must comply). The U.S. Fish and Wildlife Service's (USFWS's) Programmatic BO titled "Northern Long-eared Bat (NLEB) Programmatic Biological Opinion for North Carolina Department of Transportation (NCDOT) Activities in Eastern North Carolina (Divisions 1-8),¿ dated March 25, 2015, and adopted on April 10, 2015, contains mandatory terms and conditions to implement the reasonable and prudent measures that are associated with "incidental take" that are specified in the BO. Your authorization under this USACE permit is conditioned upon your compliance with all the mandatory terms and conditions (incorporated by reference into this permit) associated with incidental take of the BO. Failure to comply with the terms and conditions associated with incidental take of the BO, where a take of the listed species occurs, would constitute an unauthorized take, and would also constitute non- compliance with your USACE permit. The USFWS is the appropriate authority to determine compliance with the terms and conditions of its BO and with the ESA. Please feel free to contact me if you have any questions. Tracey SAW-2017-00174 Tracey L. Wheeler Regulatory Project Manager U.S. Army Corps of Engineers Washington Regulatory Field Office 2407 West 5th Street Washington, North Carolina 27889 (910) 251-4627 The Wilmington District is committed to providing the highest level of support to the public. To help us ensure we continue to do so, please complete the Customer Satisfaction Survey located at http://corpsmapu.usace.army.mil/cm_apex/f?p=136:4:0. 1