Attachment 4 - PERMIT (1) 2019-651 NW23.pdf

DEPARTMENT OF THE ARMY

ST. LOUIS DISTRICT CORPS OF ENGINEERS

1222 SPRUCE STREET

ST. LOUIS, MISSOURI 63103-2833

REPLY TO

ATTENTION OF:

January 29, 2020

Regulatory Branch File Number: MVS-2019-651

Mr. Chris Hansen Federal Highway Administration 21400 Ridgetop Circle Sterling, VA. 20166

Dear Mr. Hansen:

We have reviewed the application dated December 2, 2019, regarding the project known as Audubon Trail Repairs. The project is being proposed by the Eastern Federal Lands Highway Division of the Federal Highways Administration (FHWA) and the U.S. Forest Service. FHWA and U.S. Forest Service have the federal lead on the project’s NEPA review. The project plans includes repair work on the Audubon Trail, which is a rustic dirt trail that received significant damage from a flood event that occurred in 2017. Most of the repairs for the trail have been designed to maintain and restore the existing design and profile. However, there are two locations where a realignment has been determined necessary and one trail repair that is more extensive. The project proposes impacts to 0.003-acres of wetland and 230 linear feet of stream channels. The tributaries and wetlands to be impacted per this project are part of the Bidwell Creek watershed.

The project pertains to the Audubon Trail, located within the Mark Twain National Forest. The Audubon Trail is located approximately 2 miles north of the town of Womack, in Ste. Genevieve County, Missouri. More specifically, the project site occurs in Section 30, Township 35 North, Range 8 East, Ste. Genevieve County, Missouri. The approximate geographic coordinates of the site are 37.7052° north, -90.1889° east.

The Corps of Engineers has determined that this activity is authorized under Section 404 of the Clean Water Act by an existing Department of the Army nationwide permit for Approved Categorical Exclusions, as described in the January 6, 2017 Federal Register, Reissuance of Nationwide Permits; Notice (82 FR 1988), Appendix A (B)(23).

This verification is valid until March 18, 2022, unless the District Engineer modifies, suspends, or revokes the nationwide permit authorizations in accordance with 33 CFR 330.5(d). If you commence, or are under contract to commence, this activity before the nationwide permits expire, you will have 12 months after the date the nationwide permits expire or are modified, suspended, or revoked, to complete the activity under the present terms and conditions of these nationwide permits. Enclosed is a copy of the nationwide permit and conditions and management practices with which you must comply. The District Engineer has further conditioned this permit to include the following special conditions:

a. Per the FHW review, the project site contains suitable summer roosting habitat for the endangered Gray Bat (Myotis grisescens) Indiana Bat (Myotis sodalis) and threatened Northern Long-eared Bat (Myotis septentrionalis). Tree clearing must not occur between April 1 and October 31 in order to prevent any incidental take of these species during the summer roosting period.

b. Temporary fill material shall be removed at the completion of the project.

In accordance with General Condition number 30 of the Nationwide Permit, a compliance certification (Attachment A of this package) must be completed within 30 days of project completion or the permit issuance may be revoked and considered null and void.

The Missouri Department of Natural Resources Water Protection Program (MDNR/WPP) has conditionally issued general Section 401 Water Quality Certification for this nationwide permit, subject to special conditions (see enclosure). These conditions are part of the Corps permit. If you have any questions regarding the water quality certification conditions, you may call Mr. Mike Irwin, MDNR/WPP, at 573-522-1131 or wpsc401cert@dnr.mo.gov.

This determination is applicable only to the permit program administered by the Corps of Engineers. It does not eliminate the need to obtain other federal, state or local approvals before beginning work. In addition to the Corps requirements, please coordinate with your local floodplain administrator for any activity within any mapped floodplains. This permit verification does not convey property rights, nor authorize any injury to property or invasion of other rights.

You are reminded that the permit is based on submitted plans. Variations from these plans shall constitute a violation of Federal law and may result in the revocation of the permit. If this nationwide permit is modified, reissued, or revoked during this period, the provisions described at 33 CFR 330.6(b) will apply.

If you have any questions please contact me at (314) 331-8579. Please refer to file number MVS-2019-651.

I am forwarding a copy of this letter, without enclosures, to Mr. Mike Irwin, MDNR-WPP; Ms. Amy Rubingh, MDNR-SHPO; Mr. Gabriel DuPree, USEPA; and Mr. Matt Vitello, MDC. The St. Louis District Regulatory Branch is committed to providing quality and timely service to our customers. In an effort to improve customer service, please take a moment to go to our Customer Service Survey found on our web site at http://corpsmapu.usace.army.mil/cm_apex/f?p=regulatory_survey.

Jennifer L. Skiles Missouri Section Regulatory Branch Enclosures Nationwide Permit Conditions Water Quality Certification http://corpsmapu.usace.army.mil/cm_apex/f?p=regulatory_survey

ATTACHMENT A

COMPLETED WORK CERTIFICATION

Date of Issuance: January 29, 2020

File Number: MVS-2019-651

Name of Permittee: Federal Highways Administration; c/o Mr. Chris Hansen

Name of Project: Audubon Trail Repairs

Project Location: Section 30, Township 35 North, Range 8 East

River Basin/County/State: Mississippi/Ste Genevieve/Missouri

Project Manager: J. Skiles

Upon completion of this activity authorized by this permit and any mitigation required by the permit, sign this certification and return it to the following address:

U.S. Army Corps of Engineers Attn: Regulatory Branch (OD-F)

1222 Spruce Street St. Louis, Missouri 63103-2833

(Please note that your permitted activity is subject to a compliance inspection by a U.S. Army Corps of Engineers representative. If you fail to comply with this permit, you are subject to permit suspension, modification or revocation.)

I hereby certify that the work authorized by the above referenced permit has been completed in accordance with the terms and conditions of the said permit, and required mitigation was completed in accordance with the permit conditions.

Signature of Permittee Date