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)
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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