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HomeMy WebLinkAbout20170186 Ver 1_SAW-2016-00412 NWP #3 NCDOT Guilford County Bridge #210 (LIBP)_20170307Carpenter,Kristi From: Bailey, David E CIV USARMY CESAW (US) <David.E.Bailey2@usace.army.mil> Sent: Tuesday, March 07, 2017 1:39 PM To: Nicole Thomson; Parker, Jerry A Cc: Mills, James M; Carpenter,Kristi; Wanucha, Dave Subject: SAW-2016-00412 NWP #3 NCDOT Guilford County Bridge #210 (LIBP) Attachments: NWP3_3-23.pdf Follow Up Flag: Follow up Flag Status: Completed Nikki and Jerry, On February 14, 2017 the US Army Corps of Engineers, Wilmington District received your written notification that you intend to replace NCDOT Bridge # 210 with a new bridge at the same location. The specific location where the work is planned is on SR 3124 (Stewart Mill Road) over Little Alamance Creek in Guilford County, North Carolina. The geographic coordinates (in decimal degrees) are 36.054092° N and -79.637030° W. Your notification indicated that you intend to permanently place fill material within 46 linear feet (0.01 acre) of stream channel for bank stabilization and 0.01 acre of wetlands for roadway fill and mechanized clearing, and temporarily place fill material within <0.01 acre of jurisdictional stream channel associated with access to remove an existing concrete sill. Based on the information provided in your application, including Attachment G(Low/Minimum Impact Bridge Project Data Sheet) of the 2010 Low Impact Bridge Replacement Document, your work is authorized by Nationwide Permit (NWP) 3 for Maintenance Activities provided it is accomplished in strict accordance with the attached conditions and your submitted description. Any violation of the attached conditions or deviation from your submitted description may subject the permittee to a stop work order, a restoration order and/or appropriate legal action. Attached is a copy of the NWP 3 and the applicable permit conditions. Also, note the following Permit Special Condition: 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 May 4, 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. This verification is valid until the NWP is modified, reissued, or revoked. All of the existing NWPs are scheduled to be modified, reissued, or revoked prior to March 18, 2017. It is incumbent upon you to remain informed of changes to the NWPs. We will issue a public notice when the NWPs are reissued. Furthermore, if you commence or are under contract to commence this activity before the date that the relevant nationwide permit is modified or revoked, you will have twelve (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 nationwide permit. The Action Identification Number for this project is SAW-2016- 00412. 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: 919-807-6300) to determine Section 401 requirements. This response to your notification does not relieve the permittee of the responsibility to obtain any other required Federal, State or local approvals/permits. This electronic copy is your official Department of the Army Notification; no paper copy will be mailed, unless specifically requested. Please let me know if you have any questions regarding this permit or the conditions. You can call me at telephone (919) 554-4884, ext 30 or contact me via e-mail at David.E.Bailey2@usace.army.mil. Sincerely, Dave Bailey David E. Bailey, PWS Regulatory Project Manager US Army Corps of Engineers CE-SAW-RG-R 3331 Heritage Trade Drive, Suite 105 Wake Forest, North Carolina 27587 Phone: (919) 554-4884, Ext. 30. Fax: (919) 562-0421 Email: David.E.Bailey2@usace.army.mil 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.