HomeMy WebLinkAbout_External_ NCDOT Pipe # 40 2221 over UT at Cone Mills Club on SR 3426_ Guilford Co__ SAW-2019-00795 (UNCLASSIFIED)Carpenter, Kristi
From: Bailey, David E CIV USARMY CESAW (USA) <David. E. Ba iley2@ usace.a rmy.m il >
Sent: Tuesday, June 04, 2019 2:44 PM
To: Thomson, Nicole J; Parker, Jerry A
Cc: Norton, April R
Subject: [External] NCDOT Pipe # 40 2221 over UT at Cone Mills Club on SIR 3426, Guilford
Co.; SAW-2019-00795 (UNCLASSIFIED)
Attachments: 2017NWPO3.pdf
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attachment to report. spa rn @ nc.gov<ma ilto: report. spa rn @ nc.gov>
CLASSIFICATION: UNCLASSIFIED
All,
Please note that the above referenced culvert pipe 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.
Please note that this project requires a waiver from NWP 3 Regional Condition 3.6.1, pertaining to a 1-foot burial of
inverts of the new culvert; the Corps confirms the waiver in this case based on justification given in the PCN.
Further, 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-2019-00795. 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
Thank you for taking the time to visit this site and complete the survey.
CLASSIFICATION: UNCLASSIFIED