SAW-2022-02101 Elevate 64 West

Thank you for your PCN, dated July 26, 2023, for the Elevate 64 project. I have reviewed the information and need additional information before proceeding with verifying the use of Nationwide
Permit (NWP) 29. Please submit the requested information below within 30 days of receipt of this notification, otherwise we will consider your application withdrawn and close the file.

1. You project proposes to fill wetlands for the inclusion of lot fill/ and appears to also be for the inclusion of a parking lot and road crossing. It appears as though you have not
demonstrated avoidance and minimization to the maximum extent practicable as required by NWP General Conditions 23(a) and (b). For example, it appears that there are available parcels
that are not being proposed for development and the design of the development could be shifted to avoid some wetland impacts. Please re-design the project accordingly, or provide documentation
that such avoidance and minimization measures are not practicable (i.e. available and capable of being done after taking into consideration cost, existing technology, and logistics in
light of overall project purposes).

2. Please include the development plan for the entirety of the project including the proposed retail areas.

3. Project plans indicate that the culvert through the middle of the development is oriented such that the stream exits the culvert aimed at the stream bank. It is reasonable to expect
severe bank erosion in these areas during high flows. Please re-design the culvert to align with the up and downstream stream banks to avoid indirect impacts of erosion and sediment
loading into the streams. If slight re-alignment of the stream channel are necessary at either end of the culvert, please include proposed cross sections of the stream re-alignment,
include the stream impact footprint and the proposed channel alignment on the plans, and itemize the length of stream impacted as a permanent impact on the PCN.

4. Based on the proposed grading and fill impacts associated with impacts to Wetland 5, the proposed impact would eliminate the drainage area/hydrology source for the remaining wetland.
The Corps may consider the remainder of Wetland 5 as an indirect impact (see NWP General Conditions “District Engineers Decision”) to the wetland resulting from a loss of hydrology.
Compensatory mitigation may be required for the indirect impacts resulting from a loss of hydrology and therefore aquatic function. Please include information as to how the remaining
wetland will remain viable.

5. Because the Corps never verified your delineation, in order to move forward with your permit request Wetlands W1 and W4 will have to be assumed to be jurisdictional. If you would
like an AJD you will need to submit an updated AJD request (including pictures of the features is also helpful in processing), but a site visit may still need to be set up.

Thanks,

Rachel

Rachel Capito

Regulatory Project Manager

Wilmington District

U.S. Army Corps of Engineers

3331 Heritage Trade Drive, Suite 105

Wake Forest, NC 27587

919.440.1823

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