_External_ NWP 3 - NCDOT Bridge No_ 224 over South Buffalo Creek on SR 3000 (McConnell Rd)_ Guilford County_ SAW-2018-00878

Carpenter, Kristi
From: Bailey, David E CIV USARMY CESAW (USA)<[e-mail]>
Sent: Monday, September 30, 2019 2:55 PM
To: Thomson, Nicole J; Parker, Jerry A; Mills, James M
Cc: Norton, April R; Carpenter,Kristi
Subject: [External] NWP 3 - NCDOT Bridge No. 224 over South Buffalo Creek on SR 3000
(McConnell Rd), Guilford County; SAW-2018-00878
Attachments: 2017NWP03.pdf
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All,
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-2018-00878. You can call me at [phone], ext 30 or contact me via e-mail at
David. E. [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]
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