20220600 Ver 1_USACE RFAI_20220509

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Good Morning Mr. Santos,

This email serves as official notice that the Pre-Construction Notification (PCN) application submitted on behalf of Marshal Commercial Properties, LLC to utilize Nationwide Permit No.
39 for the impacts associated with a proposed culvert crossing of jurisdictional tributary for the purpose of constructing a proposed automobile sale and service facility to be located
between Premier Drive Extension and Sheraton Drive in Roanoke Rapids, North Carolina, is incomplete. Please submit the following additional information:

a. Per NWP 39 General Condition 32 (2)(b)(1) Please provide a signed agent authorization as part of the Pre-Construction Notification submittal and clarify who is the prospective permittee
(Spring Engineering, Inc. or Marshall Commercial Properties, LLC).
b. Provide project plans and cross section drawings for the crossings and any utilities that may cross jurisdictional stream. The project plans and cross section drawings should indicate
where impacts to jurisdictional waters and/or wetlands will occur.
c. Permits for work within waters and/or wetlands are available only if the proposed work is the least environmentally damaging, practicable alternative. Accordingly, we must evaluate
the steps you have taken to avoid and minimize impacts to determine permit eligibility. In addition, please provide a narrative and/or figure(s) explaining how the construction methodology
within jurisdictional waters will be completed that results in the least impacts to aquatic environment.
d. After determining if the proposed activity is the least environmentally damaging, practicable alternative, the project the applicant must submit a mitigation proposal to compensate
for more than minimal individual and cumulative adverse impacts to the aquatic environment to satisfy NWP 39 Regional Conditions 9 (see attached). The District Engineer can determine
in writing that either some other form of mitigation would be more environmentally appropriate, or the adverse effects of the proposed activity are minimal. For stream bed losses of
0.02 acres or less that require a PCN, the District Engineer may determine, on a case-by-case basis, that compensatory mitigation is required to ensure that the activity results in minimal
adverse effect on the aquatic environment. Applicants must first check to see if a private bank is available, but if not, in-lieu (DMS) is the next option. A minimum of 1:1 requirement
would be necessary to maintain consistency with our program.

The PCN application will be considered incomplete until the requested information is received. Based upon review of the information you provide; additional information may be requested.
If no information is received within 30 days, the submittal will be administratively withdrawn but can be reopened at any time by submitting the necessary information. Please note
that coordination for Section 106 of the Endanger Species Act Section 7 and/or National Historic Preservation Act and/or 33 USC Title 408 to meet the requirements of Nationwide Permit
39 General Conditions 17 - 21, 31, and Regional Condition 9 are unable to be completed until the above requested information has been provided.

Let me know if you have any questions.

Respectfully,
Anthony Scarbraugh

Anthony Scarbraugh
Regulatory Specialist
US Army Corps of Engineers
Washington Regulatory Field Office
2407 W. 5th Street
Washington, NC 27889
Phone: [phone]
Email: [e-mail]

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