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Home My WebLink Aboutfinal signed Castle Creek NW 18DEPARTMENT OF THE ARMY U.S. ARMY CORPS OF ENGINEERS, WILMINGTON DISTRICT WILMINGTON REGULATORY OFFICE 69 DARLINGTON AVENUE WILMINGTON NORTH CAROLINA 28403 July 17, 2024 Regulatory Division SAW-2019-01890 Sent Via email: jjacobus@markraft.com Joe Jacobus CHR Properties 622 Arjean Drive Wilmington, NC 28411 Dear Mr. Jacobus: This letter is in response to the Pre-Construction Notification (PCN) you submitted to the Wilmington District, Wilmington Regulatory Field Office on June 27, 2024, for a Department of the Army Nationwide permit (NWP) verification. This project has been assigned the file number SAW-2019-01890 and is known as Castle Creek Lane Warehouses. 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 discharge of fil into 0.095 of an acre of wetlands to facilitate the construction of 17 warehouse units.. The project area for this determination includes a 12.33 acre(s) area which is illustrated on the enclosed site plans/maps. The project/review area is located at the terminus of Castle Creel Lane of Castle Hayne Road, at Latitude 34.283970 and Longitude -77.919900; in Castle Hayne, New Hanover County, North Carolina. We have determined that the proposed work is authorized by Nationwide Permit 18 pursuant to authorities under Section 404 of the Clean Water Act (33 U.S.C § 1344). The proposed work must be accomplished in strict accordance with the general permit conditions, any regional conditions, the special conditions listed in this letter, the application materials, and the enclosed plans entitled sheet 1 of 19 and sheet 13 of 19 dated 12/29/2023. 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. 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. Project Specific Special Conditions: 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 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 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 Wilmington Regulatory Field Office at 910-251-4611, by mail at the above address, or by email at brad.e.shaver@usace.army.mil. Please take a moment to complete our customer satisfaction survey located at https://regulatory.ops.usace.army.mil/customer- service-survey/. Sincerely, Brad Shaver Project Manager Enclosures Cc (w/enclosures) Dana Lutheran, Southern Environmental Group, Inc. (via dlutheran@segi.us) Brad Shaver Digitally signed by Brad Shaver Date: 2024.07.17 14:31:07 -04'00' Compliance Certification Form File Number: SAW-2019-01890 County: New Hanover Permittee: CHR Properties, Joe Jacobus Project Name: Castle Creek Lane Warehouses Date Verification Issued: 7/17/2024 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 Wilmington Regulatory Field Office 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