20190603 Ver 2_Summary of Dec 18 Folly Swamp IRT call_20201228

Strickland, Bev
From: Browning, Kimberly D CIV USARMY CESAW (USA)
<[e-mail]>
Sent: Monday, December 28, 2020 12:00 PM
To: Tugwell, Todd J CIV USARMY CESAW (US); Davis, Erin B; Haywood, Casey M CIV (USA);
[e-mail]; Bowers, Todd; Wilson, Travis W.; Dunn, Maria T.
Cc: Barnes, Kyle W CIV USARMY CESAW (US); Chris Roessler; John Hutton
Subject: [External] Summary of Dec 18 Folly Swamp IRT call
Attachments: 18Dec2020_IRT Teams Call re Folly MP_summary.pdf
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Please see attached meeting summary for Folly Swamp teleconference held Dec 18 and let Wildlands know if
you have any additions or changes.
Thanks
Kim
Kim Browning
Mitigation Project Manager, Regulatory Division I U.S. Army Corps of Engineers
-----Original Message -----
From: Chris Roessler <[e-mail]>
Sent: Wednesday, December 23, 2020 2:08 PM
To: Browning, Kimberly D CIV USARMY CESAW (USA) <[e-mail]>; Tugwell, Todd J
CIV USARMY CESAW (USA)<[e-mail]>; Barnes, Kyle W CIV USARMY CESAW (US)
<[e-mail]>
Cc: John Hutton <[e-mail]>
Subject: [Non-DoD Source] summary of Dec 18 Folly Swamp IRT call
Hi there-> Please see the attached and feel free to forward to IRT. Or I can do that if you prefer. Thank you,
Chris
Chris Roessler I Senior Scientist/Project Manager
0: 919.851.9986, x 111 M: 919.624.0905
1

Wildlands Engineering, Inc.<Blockedhttp://www.wildlandseng.com/>
312 W. Millbrook Rd, Suite 225
Raleigh, NC 27609

IRT Teams Meeting Notes — Folly Swamp Meeting held on December 18, 2020
Meeting Attendees
Kyle Barnes/USACE
Todd Tugwell/USACE
Kim Browning/USACE
Casey Haywood/USACE
Erin Davis/NCWWR
Travis Wilson/NCWRC
Maria Dunn/NCWRC
Todd Bowers/USEPA
Kathy Matthews/USFWS
John Hutton/Wildlands
Chris Roessler/Wildlands
John Hutton of Wildlands Engineering, Inc. (Wildlands) introduced the meeting by saying that he
recognizes that Folly Swamp is not a perfect mitigation site and it has problems. Wildlands has tried to
address IRT concerns about the mitigation plan and would like to find a path forward.
The two main points of discussion were the role of the Drainage District (DD) and Priority 2 restoration.
IRT key concerns and a potential path forward are provided for each of those.
Drainage District
The IRT expressed concern about the role of the DD and said that very specific language needs to be
included in an agreement with them about what may and may not be done to clear debris from the CE.
The IRT added that drainage problems will happen and laid out a scenario where the DD calls the local
Soil & Water District for help and a contractor comes in and removes debris without knowing about CE
agreements. The IRT asked about whether the long-term steward is aware of the DD and that
coordination will be required. Another IRT concern is what mechanisms would allow for CE enforcement
and who has what rights. It seems the missions of the DD and the CE may be in conflict. The IRT
requested that the 100- and 500-year flood lines be shown on a map. The IRT thought it would be good
to get landowner and DD acknowledgment of expected flooding from large storms and that targeting
changes in the CE should not be done based on this type of event. The IRT said that Corps attorney Carl
Pruitt would need to weigh in on the legalities of the DD and any agreement with them. Other potential
issues are that some landowners who pay taxes to fund the DD may not support the mitigation work,
and there is a potential conflict of interest between the DD board members also serving as mitigation
landowners.
The following steps were discussed to address the IRT concerns about the DD:
• Wildlands work with the County to determine who all is taxed. Wildlands should then try to make
the tax paying landowners aware.
• John said that Wildlands would talk to the steward about the DD, have it added to the letter, and
increase the endowment funding for this purpose.

• Wildlands will share the no rise certification maps that at least show the 100-year flood events in
the existing and proposed conditions.
• The IRT will have a conversation with Carl Pruitt after they receive background information from
Wildlands on what is proposed.
• With initial feedback from Carl on what is needed, Wildlands will endeavor to provide the necessary
agreements.
The group agreed to move on to Priority 2 (132) crediting while acknowledging that the DD is the #1 issue
and the path forward on other items is dependent on it. The IRT did not think that Wildlands case for 1:1
credit ratio on P2 was acceptable and said that a 1.3:1 ratio is their offer. What Wildlands should strive
to avoid are conditions like those at nearby Duke Swamp, where backwater conditions and poor tree
growth are prevalent. Wildlands is aware of this site and has developed the mitigation plan with
different goals in mind. One additional note is that woody debris is important to include for habitat and
the DD should not remove this beyond what is necessary. WRC provided a guidance document for
snagging and clearing projects outside of the mitigation process. These are for larger streams but this
serves as a good example of what can be provided as guidance to the DD.
The following steps were discussed to address the IRT concerns about Priority 2 restoration:
• Wildlands will provide a similar snagging and clearing guidance document with photos for the DD.
• John Hutton said that a 30% reduction in stream credits on P2 reaches Folly Swamp and Powell
Branch would make the project finances difficult, but he'd look into it and Wildlands would try to
make it happen.
• Wildlands will be in touch with Kyle Barnes through S&EC to investigate new spoil disposal areas for
Folly Swamp and Powell Branch. Earthwork balances on the other areas.
• Wildlands will provide a new asset table that includes some of the adjustments that the IRT can
internally consider. Buffer credits were suggested as a way to reduce some of the credit loss. The
Corps provided a new buffer calculation spreadsheet after the meeting.
• Other detailed IRT comments on Wildlands' response to comments letter are forthcoming but will
be withheld until the DD issues are resolved.
Action Items and Next Steps
• The IRT will consider these meeting minutes and provide feedback to Wildlands.
• Prior to the initial call with the Corps attorney, Wildlands will provide the IRT with a summary of the
expected information that will eventually be provided.
• The IRT will have this conversation and provide feedback before Wildlands embarks on drafting and
reaching agreement with the DD.
• Wildlands will seek to implement the Corps attorney's recommendations and requests.
• The IRT will review what has been implemented and provide feedback on whether it is OK to
proceed with the MP.
• If OK, Wildlands will submit an amended asset table and then resubmit the mitigation plan.

This represents Wildlands' interpretation of the meeting discussions. If any meeting attendees should
find any information contained in these meeting minutes to be in error and/or incomplete based on
individual comments or conversations, please notify Chris Roessler with corrections/additions as soon as
possible.
Sincerely,,
Chris Roessler
[e-mail]
919.624.0905