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HomeMy WebLinkAboutSAW-2022-00883 Final Signed Alexandra NW 18DEPARTMENT OF THE ARMY U.S. ARMY CORPS OF ENGINEERS, WILMINGTON DISTRICT WILMINGTON REGULATORY OFFICE 69 DARLINGTON AVENUE WILMINGTON NORTH CAROLINA 28403 April 22, 2024 Regulatory Division SAW-2022-00883 Dr, Arnold Sobol Aftew Properties 2020 Churchill Drive S Wilmington, NC 28403 Via Email: lobos251@aol.com Dear Mr./Ms. Sobol: This letter is in response to the Pre -Construction Notification (PCN) you submitted to the Wilmington District, RG-L on March 28, 2024, for a Department of the Army Nationwide permit (NWP) verification. This project has been assigned the file number SAW-2022-00883 and is known as Alexandra Place. This file number should be referenced in all correspondence concerning this project. A review of the information provided indicates that the proposed work would include the construction of a 63-unit townhome community to be called Alexandra Place This development will require the permanent wetland impact of 0.098 of an acre of wetlands for infrastructure needs to support the development. The project area for this determination includes a +/- 30 acre(s) area which is illustrated on the enclosed site plans/maps. The project/review area is located abutting Motts Creek at 5950 River Road and another parcel just south of the Motts Creek Bridge , at Latitude 34.125140 and Longitude-77.915950-1 in Wilmington, New Hanover County, North Carolina. We have determined that the proposed work is authorized by Nationwide 18 pursuant to authorities under Section 404 of the Clean Water Act (33 U.S.0 § 1344). The proposed work must be accomplished in strict accordance with the general permit conditions, regional conditions, the application materials, special conditions and the enclosed plans; sheet number 1-4 of 4 sealed on 3/28/2024. If the extent of the project area and/or nature of the authorized impacts to waters are modified, a revised PCN must be submitted to this office for written approval before work is initiated. Any violation of permit conditions or deviation from your submitted plans may subject the permittee to enforcement action. Special Condition: 1. Suitable habitat for tricolored bat (Perimyotis subflavus) may be present at the site. On September 14, 2022, the USFWS published a proposal in the Federal Register to list the tricolored bat as endangered under the Endangered Species Act (ESA). The permittee understands and agrees that all work associated with the clearing and removal of trees and removal or modification of culverts must be completed prior to the effective date of the final listing in the Federal Register. Work associated with the aforementioned activities not completed by that time must cease and the permittee must contact the Corps' (Brad Shaver at 910-251-4611 or brad. e. shaver@ usace. army. mil)) to determine if additional coordination with the United States Fish and Wildlife Service is required under Section 7 of the Endangered Species Act prior to continuing work. This verification is valid until March 14, 2026, unless prior to this date the subject NWP(s) is suspended, revoked, or is modified such that the activity no longer complies with the terms and conditions of this NWP. If you commence or are under contract to commence this activity before the date that the relevant NWP is modified or revoked, you will have 12 months from the date of the modification or revocation of the NWP to complete the activity under the present terms and conditions of this NWP. This NWP verification does not preclude the necessity to obtain any other Federal, State, or local permits, licenses, and/or certifications, which may be required. If you have any questions related to this verification or have issues accessing documents referenced in this letter, please contact Brad Shaver, Project Manager of the RG-L at 910-251-4611, by mail at the above address, or by email at brad. e.shaver@usace.army. mi1. Please take a moment to complete our customer satisfaction survey located at https://regulatory.ops.usace.army.miI/customer-service- survey/. Sincerely, Brad Digitally signed by Brad Shaver Shaver Date: 2024.04.22 07:52:16-04'00' Brad Shaver Project Manager Enclosures Cc (w/enclosures) Dana Lutheran, SEGI (via dlutheran@segi.us) Holley Snider, NCDEQ-DWR (via holley.snider@deq.nc.gov) 5 COLLEGE RD (NC 132) i2 Oy K� yN� d bey`. I �? W u co § pp S��$.�sm oaks �gN9g un g� uumuio... `4a �� 4'�`F}rnnignm�pp•� 4 u� t� w �4 f21 3l! s ss �««<g Q ,.e a -�o (Zi aaso°. �Z FEEEffo�� � B89B° z.�.. �.Eo„ f6„ HE aHH. gam¢ w�ww�aaa Jo> �n 000raeoia:ol � c� eg ®ocD r•II � w43��i� � ° �nz G;i III: III a s t a £zzWw : a :: I V / 45 / Ito 3 a p� H.s B6 Ull Niyle - - - - - - - - - - - - - - - - - - - - - - - .. . . . . . . . . . am m Oil \1 1j, . . . . . . . ..... le . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Y. . . . . . . . .. . . . . . . . . . . .... 1XI . . . . . . . . . . . . . . . . . . . .. . . . . . . . .. . .. ... . ... ........... Am F- 27 a- Fan - ,0 0 < , \ \\ { \ aim \ 9g$5 W - t '" 1.2 8 . Compliance Certification Form File Number: SAW-2022-00883 County: New Hanover Permittee: Aftew Properties, Dr, Arnold Sobol Project Name: Alexandra Place Date Verification Issued: 4/22/2024 Project Manager: Brad Shaver Upon completion of the activity authorized by this permit and any mitigation required by the permit, sign this certification and return it to the following address: US ARMY CORPS OF ENGINEERS Wilmington District Attn: Brad Shaver RG-L 69 Darlington Ave Wilmington, NC 28403 or brad.e.shaver@usace.army.mil Please note that your permitted activity is subject to a compliance inspection by a U. S. Army Corps of Engineers representative. Failure to comply with any terms or conditions of this authorization may result in the Corps suspending, modifying or revoking the authorization and/or issuing a Class I administrative penalty, or initiating other appropriate legal action. I hereby certify that the work, and mitigation (if applicable), authorized by the above referenced permit has been completed in accordance with the terms and conditions of the said permit including any general or specific conditions. Date Authorized Work Started: Completed: Describe any deviations from permit (attach drawing(s) depicting the deviations): *Note: The description of any deviations on this form does not constitute approval by the Corps. Signature of Permittee Date