20221019 Ver 1_Correspondence_20220812

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David,

We are confirmed for next Wednesday morning at 9:30. Thanks!

Thank you,

Jennifer L Robertson, President

ATLAS Environmental, Inc.

338 S. Sharon Amity Road #411

Charlotte, NC 28211

[phone] <tel:%28704%29%20512-1206> office

[phone] <tel:%28704%29%20512-1206> mobile

www.atlasenvi.com <https://urldefense.com/v3/__http://www.atlasenvi.com/__;!!HYmSToo!bSKohfi-5Tw20D1r1RqaOTUY2VDogrcWuzrror-eEN4xtVGfN7nMGe6NBqFM7EQZOEEfM-zNYXQRxNCQa6dnhQ9fyCA$>

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From: Bailey, David E CIV USARMY CESAW (USA) <[e-mail]>
Sent: Friday, August 12, 2022 3:37 PM
To: Jennifer Robertson <[e-mail]>; Steve Hess <[e-mail]>
Cc: Cohn, Colleen M <[e-mail]>
Subject: RE: Request for Additional Information: SAW-2022-01099 (Beacon Partners / 2000 Citation Drive / Garner / Wake County)

Hi Jennifer. Let’s meet on site at 9:30am on August 17th.

I’ll continue to dig into our files re: previous impacts at the Crosswinds Commerce Park. I use the best available information to make those determinations, and records of authorization
that other users within the commerce park have retained are always the best we can hope for. Otherwise we are left making estimates of previous impacts (if any) based on aerial photographs,
LiDAR, etc.

Thanks again, and please let me know if you have any questions in the meantime.

-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

Mobile: [phone]

Office: [phone], Ext. 30.

Fax: [phone]

Email: [e-mail] <mailto:[e-mail]>

We would appreciate your feedback on how we are performing our duties. Our automated Customer Service Survey is located at: https://regulatory.ops.usace.army.mil/customer-service-survey/
<https://urldefense.com/v3/__https://regulatory.ops.usace.army.mil/customer-service-survey/__;!!HYmSToo!bSKohfi-5Tw20D1r1RqaOTUY2VDogrcWuzrror-eEN4xtVGfN7nMGe6NBqFM7EQZOEEfM-zNYXQRxNCQa6dnn58IdN0$>

Thank you for taking the time to visit this site and complete the survey.

From: Jennifer Robertson <[e-mail] <mailto:[e-mail]> >
Sent: Friday, August 12, 2022 8:54 AM
To: Bailey, David E CIV USARMY CESAW (USA) <[e-mail] <mailto:[e-mail]> >; Steve Hess <[e-mail] <mailto:[e-mail]>
>
Cc: Cohn, Colleen M <[e-mail] <mailto:[e-mail]> >
Subject: [URL Verdict: Neutral][Non-DoD Source] RE: Request for Additional Information: SAW-2022-01099 (Beacon Partners / 2000 Citation Drive / Garner / Wake County)

David,

August 15, 17, or 18 works for us. Someone from Atlas can be there as early as 9:30 on any of those days. Please let me know what works best for you. I will catch up with Steve to
discuss the other items. Beacon Partners was not involved in the previous development activities. Beacon is purchasing this lot. Are you able to help determine what previous impacts
were permitted?

Thank you,

Jennifer L Robertson, President

ATLAS Environmental, Inc.

338 S. Sharon Amity Road #411

Charlotte, NC 28211

[phone] <tel:%28704%29%20512-1206> office

[phone] <tel:%28704%29%20512-1206> mobile

www.atlasenvi.com <Blockedhttp://www.atlasenvi.com/>

Offices in Asheville and Charlotte

From: Bailey, David E CIV USARMY CESAW (USA) <[e-mail] <mailto:[e-mail]> >
Sent: Tuesday, August 9, 2022 1:29 PM
To: Jennifer Robertson <[e-mail] <mailto:[e-mail]> >; Steve Hess <[e-mail] <mailto:[e-mail]> >
Cc: Cohn, Colleen M <[e-mail] <mailto:[e-mail]> >
Subject: Request for Additional Information: SAW-2022-01099 (Beacon Partners / 2000 Citation Drive / Garner / Wake County)

All,

Thank you for your PCN, dated 6/30/2022 (received 7/22/2022), for the above referenced project. I have reviewed the information and need clarification before proceeding with verifying
the use of Nationwide Permit (NWP) 14 and 18 (https://saw-reg.usace.army.mil/NWP2021/NWP-14.pdf <Blockedhttps://saw-reg.usace.army.mil/NWP2021/NWP-14.pdf> , https://saw-reg.usace.army.mil/NWP2021/NWP-18.pdf
<Blockedhttps://saw-reg.usace.army.mil/NWP2021/NWP-18.pdf> ). Please submit the requested information below (via e‐mail is fine) within 30 days of receipt of this Notification, otherwise
we may deny verification of the use of the Nationwide Permit or consider your application withdrawn and close the file:

1. As you know, NWP 39 would typically be used to authorize projects such as the one proposed; however, the waters proposed for impact occur almost entirely within a mapped FEMA 100-year
floodplain, which would not comply with NWP 39 Reginal Condition C.b. Rather, you have proposed to use a combination of NWP 18 and 14 for this project.

NWP 18 could potentially be used for this project, but for the fact that proposed impacts to waters of the US exceed 0.1 acre. However, NWP 14, which is intended for “Activities required
for crossings of waters of the United States associated with the construction, expansion, modification, or improvement of linear transportation projects (e.g., roads, highways, railways,
trails, driveways, airport runways, and taxiways)”, does not appear to be an appropriate authorization for the purpose of the proposed impacts. The impacts proposed all appear to be
non-linear, related to parking lot/loading dock/truck turn-around facilities directly associated with the proposed commercial building. Note that the NWP 14 description states that “This
NWP cannot be used to authorize non-linear features commonly associated with transportation projects, such as vehicle maintenance or storage buildings, parking lots, train stations,
or aircraft hangars.”

In order for portions of this project to be evaluated for use of NWP 14, additional information would be required to itemize and justify the proposed impacts that you believe are required
for the construction of a linear transportation project.

If impacts cannot be justified per the NWP 14 description, you may revise project plans to propose cumulative fill in waters of the US of no more than 0.1 acre per NWP 18, or propose
the impacts under a different general permit. If no other general permit is available for your proposed impacts, you may apply to authorize these impacts via the Individual (e.g. Standard)
Permit process.

2. Thank you for the delineation provided to our office for this project. A site visit will be required to verify your delineation of potential waters of the US. I am available to meet
at the project site for these purposes on August 15-18, 23, and 24, generally between 9:30am and 3:00pm; please let me know if one of these dates works for you. Alternatively, you may
propose additional later dates.
Note also that additional revisions may be required on the PCN and plans based on the final Corps-verified boundaries of potential waters of the US;

3. This parcel is part of the larger Crosswinds Commerce Park, and impacts within the entirety of Crosswinds Commerce Park would be considered cumulative with respect to Nationwide Permit
thresholds. Please provide any information on earlier authorized impacts to waters of the US within Crosswinds Commerce Park;

4. It appears that an Individual 401 Water Quality Certification (WQC) is required from the North Carolina Division of Water Resources (NCDWR) for this project; please note that the
Corps cannot verify the use of any NWP without a valid 401 WQC.

Please let me know if you have any questions.

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

Mobile: [phone]

Office: [phone], Ext. 30.

Fax: [phone]

Email: [e-mail] <mailto:[e-mail]>

We would appreciate your feedback on how we are performing our duties. Our automated Customer Service Survey is located at: https://regulatory.ops.usace.army.mil/customer-service-survey/
<Blockedhttps://regulatory.ops.usace.army.mil/customer-service-survey/>

Thank you for taking the time to visit this site and complete the survey.

From: RaleighNCREG <[e-mail] <mailto:[e-mail]> >
Sent: Friday, July 22, 2022 3:00 PM
To: Jennifer Robertson <[e-mail] <mailto:[e-mail]> >
Cc: Bailey, David E CIV USARMY CESAW (USA) <[e-mail] <mailto:[e-mail]> >
Subject: SAW-2022-01099 (2000 Citation Drive / Garner NC / Wake County)

Good afternoon,

We have received your Pre-Construction Notification (PCN) NWP request for the above project and forwarded it to Dave Bailey for further processing.

Thank you,

Josephine Schaffer

From: Jennifer Robertson <[e-mail] <mailto:[e-mail]> >
Sent: Friday, July 22, 2022 2:08 PM
To: RaleighNCREG <[e-mail] <mailto:[e-mail]> >
Subject: [URL Verdict: Neutral][Non-DoD Source] Citation Drive NWP 14 and 18 / Corps Action ID SAW-2022-01099

Josephine,

Attached is an NWP 14/18 for David Bailey. Thank you!

Thank you,

Jennifer L Robertson, President

ATLAS Environmental, Inc.

338 S. Sharon Amity Road #411

Charlotte, NC 28211

[phone] <tel:%28704%29%20512-1206> office

[phone] <tel:%28704%29%20512-1206> mobile

www.atlasenvi.com <Blockedhttp://Blockedwww.atlasenvi.com/>

Offices in Asheville and Charlotte