20220600 Ver 1_USACE RFAI_20220719

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Good Morning Mr. Dove,

Per our telephone conversation on July 14, 2022, the US Army Corps of Engineers (Corps) considers the piping of a stream channel a permanent loss. As previously discussed, after determining
if the proposed activity is the least environmentally damaging, practicable alternative, the project applicant must submit a mitigation proposal to compensate for more than minimal individual
and cumulative adverse impacts to the aquatic environment to satisfy Nationwide Permit 39 (NWP 39) Regional Conditions 9 (see attached). As such, the Corps reviewed your response received
your response on July 5, 2022, to the additional information request submitted to you via electron mail on May 10, 2022. The Corps considers the response to the compensatory mitigation
as inadequate and not satisfying the mitigation proposal requirement. During our conversation, you explained that you will propose to the applicant to either redesign the project to
fall below the compensatory mitigation requirement or provide the mitigation to satisfy the condition of the attached NW39.

Per our telephone conversation this morning, you stated that the applicant has decided to proceed with the project as proposed. You explained that currently there is no private mitigation
credit available within the service area and your client will purchase stream credit via the North Carolina Division of Mitigation Services (DMS) in-lieu mitigation program. As discussed,
you will need to provide a copy of the acceptance letter from DMS in-lieu mitigation program to the Corps and Ms. Colleen Cohn with North Carolina Division of Water Resources.

If you have any further questions or concerns, please feel free to contact me.

V/r

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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