HomeMy WebLinkAbout20190142 Ver 1_USACE Correspondence_20190205Carpenter,Kristi
From: Bailey, David E CIV USARMY CESAW (USA)
<David.E.Bailey2@usace.army.mil>
Sent: Tuesday, February 05, 2019 2:01 PM
To: Thomson, Nicole J; Parker, Jerry A; Mills, James M
Cc: Norton, Apri) R; Carpenter,Kristi
Subject: [External] NCDOT Bridge 164 over North Prong
Stinking Quarter Creek on SR 1113, Alamance Co.;
SAW-2018-00873
Attachments: 2017NWP03.pdf
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Please note that he above referenced bridge replacement project, as proposed, is
authorized under Nationwide Permit 3 and does not require notification 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-2017-00080. You can call me at
(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
We would appreciate your feedback on how we are performing our duties. Our
automated Customer Service Survey is located at:
http://corpsmapu.usace.army.mil/cm_apex/f?p=136:4:0
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