20170415 Ver 1_RE Bridge No 382 on SR 2103 (Southard Rd) - part 2_20170424

Carpenter,Kristi
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Bailey, David E CIV USARMY CESAW (US) <David.E.Bailey2
@usace.army.mil>
Tuesday, April 25, 2017 11:01 AM
Thomson, Nicole J; Wanucha, Dave
Carpenter,Kristi; Parker, Jerry A; Powers, Tim
RE: Bridge No. 382, on SR 2103 (Southard Rd) over Troublesome
Creek, Guilford Co.; WBS No. 17BP.7.R.92 - part 2
2017NWP03.pdf
Follow up
Completed
Hi Nikki. As we discussed a few weeks ago, the above referenced bridge replacement
project, as proposed, is authorized under Nationwide Permit 3 and does not require
notification. Such projects involving additional rip rap did require notification to the
Corps under the 2012 Nationwide Permits. However, the 2017 Nationwide Permit 3
does not require notification simply due to additional rip rap as long as it is a minor
deviation in the structure's configuration or filled area, including those due to changes
in materials, construction techniques, requirements of other regulatory agencies, or
current construction codes or safety standards that are necessary to make the repair,
rehabilitation, or replacement are authorized.
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.
Note that NCDOT is still responsible for the following as this project occurs in NCDOT
Divisions 1-8:
"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."
Please let me know if you have any questions regarding the above information. The
Action Identification Number for this project is SAW-2016-00414. You can call me at
telephone [phone], ext 30 or contact me via e-mail at
[e-mail].
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: [phone], Ext. 30.
Fax: [phone]
Email: [e-mail]
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.
-----Original Message-----
From: Thomson, Nicole J [mailto:[e-mail]]
Sent: Thursday, April 06, 2017 3:23 PM
To: Bailey, David E CIV USARMY CESAW (US) <[e-mail]>;
Wanucha, Dave <[e-mail]>
Cc: Carpenter,Kristi <[e-mail]>; Parker, Jerry A
<[e-mail]>; Powers, Tim <[e-mail]>
Subject: [Non-DoD Source] Bridge No. 382, on SR 2103 (Southard Rd) over Troublesome
Creek, Guilford Co.; WBS No. 17BP.7.R.92 - part 2
Nicole J. Thomson
Division Environmental Supervisor Assistant
Division Environmental Office
919-754-7806 Mobile
[e-mail] <mailto:[e-mail]>

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