20111108 Ver 1_Mitigation Information_20130903

Strickland, Bev
From: Kulz, Eric
Sent: Tuesday, September 03, 2013 8:58 AM
To: Strickland, Bev
Subject: FW: Sliver Moon Credit Release (UNCLASSIFIED)
Attachments: 2013 NCEEP Credit Release Approval 20130903.pdf; NCEEP Closeout Process 20130807.pdf
For laserfiche #11 -1108
Eric W. Kulz
Environmental Senior Specialist
N.C. Division of Water Resources
Compliance & Permitting Unit
1650 MSC
Raleigh, NC 27699 -1650
Phone: [phone]
- Water Quality Programs Wetlands, Buffers, Stormwater -
E -mail correspondence to and from this address may be subject to the North Carolina Public
Records Law and may be disclosed to third parties
- - - -- Original Message---- -
From: Tugwell, Todd SAW [ mailto :Todd.Tugwell(@usace.army.mil]
Sent: Tuesday, September 03, 2013 8:50 AM
To: Baumgartner, Tim
Cc: Fritz Rohde (Fritz.Rohde(@noaa.gov); Beter, Dale E SAW; Biddlecome, William 7 SAW;
bowers.todd(@epa.gov; Crumbley, Tyler SAW; Karoly, Cyndi; Cox, David R.;
Emily ]ernigan(@fws.gov; Kulz, Eric; Gibby, lean B SAW; ]ones, Scott SAW;
Kathryn Matthews(@fws.gov; Montgomery, Lori; Marella Buncick ( Marella Buncick(@fws.gov);
McLendon, Scott C SAW; Sollod, Steve; Wilson, Travis W.; Wicker, Henry M ]R SAW
Subject: Sliver Moon Credit Release (UNCLASSIFIED)
Classification: UNCLASSIFIED
Caveats: NONE
Tim,
Per our conversation on Friday, attached is the credit release for the Sliver Moon site.
Please note that we included the procedures for future releases in the memo we sent with the
most recent closeout letter (also attached). Of course this year, there is only one project,
but now that we have the methodology set up, I anticipate that we will be able to get these
releases out shortly after the annual monitoring report review. The attached letter includes
a release for the project which lists the anticipated future releases. Please let me know if
you have any questions.
Thanks,
Todd Tugwell
Special Projects Manager
Wilmington District, US Army Corps of Engineers
11405 Falls of the Neuse Road
Wake Forest, NC 27587
Office: 919 - 846 -2564
Mobile: 919 - 710 -0240
1

Classification: UNCLASSIFIED
Caveats: NONE

REPLY TO
ATTENTION OF
CESAW -RG /Tugwell
DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
69 DARLINGTON AVENUE
WILMINGTON. NORTH CAROLINA 28403 -1343
August 7, 2013
SUBJECT: NCIRT Monitoring Report Review, Credit Release and Project Closeout Process for NCEEP
Mitigation Projects
From: Todd Tugwell, USACE Wilmington District NCIRT Chair
To: North Carolina Interagency Review Team and North Carolina Ecosystem Enhancement Program
The purpose of this document is to establish the standard operating procedures by which the
Wilmington District, U.S. Army Corps of Engineers (District) will process annual monitoring reports,
credit releases, and project closure for projects developed by the North Carolina Ecosystem
Enhancement Program ( NCEEP). The requirement for the submittal of annual monitoring reports is
subject to the provisions of 33 CFR 332 — Compensatory mitigation for Losses of Aquatic Resources
(Mitigation Rule) and NCEEP's in -lieu fee instrument (Instrument), as approved on July 28, 2010. The
District will coordinate this process with the North Carolina Interagency Review Team ( NCIRT),
including notification and distribution of electronic documents and consideration of NCIRT comments.
Annual Monitoring and Credit Release
The procedures below cover the submittal of monitoring reports and release of credits, and are
applicable to all projects that were instituted after the approval of the Instrument (July 28, 2010). For
projects that were instituted prior to this date, the procedures that were in place at the time the
projects were instituted continue to apply.
Initial Credit Release and As -Built Survey
As stated in Section IV(I)(3) of the instrument, the initial release of credits for NCEEP projects occurs
upon satisfactory completion of the following components:
1. Approval of the final mitigation plan;
2. Recordation of the preservation mechanism, as well as a title opinion acceptable to the District
covering the property;
3. Completion of the initial physical and biological improvements to the mitigation site pursuant
to the mitigation plan;

4. Receipt of necessary DA permit authorization or written DA approval of projects where DA
permit issuance is not required. Under no circumstances shall any mitigation project be
debited until the necessary DA authorization has been received for its construction or the DE
has otherwise provided written approval for the project in the case where no DA authorization
is required for construction of the mitigation project.
The initial release of credits occurs without written approval from the District, and can be added to the
ledgers immediately once the components above have been completed. The number of credits to be
released at this point is based on the credit release schedule included in the approved mitigation plan,
but is typically 30% of the total credits for each credit type. The standard credit release schedule for
NCEEP projects is attached to this document for reference. The exception to this is for preservation -
only portions of mitigation sites, where 100% of preservation credits will typically be released upon
completion of the requirements above.
Final as -built reports (baseline monitoring reports) will be posted to the NCEEP Portal within 30 days of
their receipt by NCEEP, which typically occurs within 60 days of completion of construction and
planting of a site. When the final as -built is posted, NCEEP will notify the District Mitigation Office that
the as -built is available on the Portal and that the initial credit release has occurred. This notification
should include a copy of the current credit ledger for the site that shows the credit release. The ledger
may include linear feet and acres, but must also state the release in terms of mitigation credits. This
initial ledger is critical as it records the first credit release and establishes the baseline for future
releases based on as -built credit totals (these may differ slightly from the credit amounts proposed in
the approved mitigation plan as a result of differences between the proposed design and actual
construction). This notification should be provided to the District via email with a PDF attachment for
the ledger. The credit ledger template (attached) should be used for all monitoring reports and credit
release requests.
The District will distribute this notification and ledger to all IRT members. At this point, the NCIRT
members may choose to review the as -built reports and provide the District with comments (e.g.,
concerns regarding location of vegetation plots or gauge stations); however this review is not required
— the first official NCIRT review of the as -built report will normally occur during the review of the first
annual monitoring report. The District will pass on all comments to NCEEP for consideration and
action.
Annual Monitoring Reports
District and NCIRT review of annual monitoring reports for all NCEEP projects instituted after the date
of the Instrument will be conducted during yearly monitoring report review meetings. These meetings
2

will typically be scheduled by the NCIRT at beginning of the year, with the intent of conducting a batch
review of all monitoring reports. (Please note that this process does not apply to projects that are
proposed for closeout in any given year since these projects are reviewed on site. See the closeout
process below for a description of project closure and final credit release.) In preparation for these
review meetings, annual monitoring reports will be prepared and /or reviewed by NCEEP and posted to
the NCEEP Portal at least 30 days in advance of the meeting times and no later than April 1st of each
year. Monitoring reports must be available to all members of the NCIRT, and should be posted in the
same location as other digital files for that project. Two hard copies of each report should be provided
for District records (one copy to the appropriate District Field Office and one copy to the District
Mitigation Office) and one hard copy for NC Division of Water Resources ( NCDWR) records. NCIRT
members may request additional hard copies from NCEEP as needed.
The contents of the annual monitoring reports should meet the minimum standards established by RGL
08 -03, Minimum Monitoring Requirements for Compensatory Mitigation Projects Involving the
Restoration, Establishment, and /or Enhancement of Aquatic Resources dated) dated October 10, 2008,
and any current Wilmington District monitoring guidance in place at the time that the project is
instituted. In general, annual monitoring reports should include the following:
1. Brief project history, including originator ( NCEEP, NCDOT, NCWRC, etc.), project timeline listing
major project milestones (date instituted *, date constructed *, monitoring events, storm
damage, repairs, etc.) *As defined in the NCEEP Instrument, dated July 28, 2010
2. Summary information on project setting (land owner, location, watershed, etc.)
3. Performance standards, clearly stating which standards have or have not been met
4. Site maps — Information below may be overlaid on the same map to minimize the number of
maps submitted, but the maps should clearly depict the following:
a. Plan view with the most recent aerial image showing locations of different mitigation
areas /types, and all monitoring locations (plots, cross - sections, photo points, etc.)
b. Soil boundaries
c. Topographic contours
5. Site photographs (prior conditions, post- construction, monitoring photo points, etc.)
6. Data summaries (vegetation, hydrology, etc.), including summary tables for all years
7. Wetland sites should include hydrology data depicted graphically with pertinent drought and
rainfall data, preferably with data from subsequent years shown on the same graph
8. Credit ledger that lists all credit assets (based on as -built numbers), all debits and associated
District and NCDWR permit numbers, all remaining credit assets identified by credit
classification
a. Current stream credit classifications: Warm, Cool, Cold
b. Current wetland credit classifications: Coastal, Non - Riparian, Riparian Riverine, Riparian
Non - Riverine)
3

Review of Annual Monitoring Reports and Credit Releases
The purpose of conducting annual meetings to review all monitoring reports is to allow WEEP and /or
the mitigation providers to respond to questions posed by the NCIRT during the meeting. NCIRT
members will have at least 30 days to review posted monitoring reports in advance of the meetings
and should come prepared with questions and comments. Following the review of the monitoring
reports during the meeting, the NCIRT will be given an opportunity to provide comments and
recommendations to the District for each project. If necessary, members may provide comments to
the District up to 15 days after the review meeting, but the preference is for the NCIRT to reach a
consensus immediately following the meeting. Once the NCIRT members have provided
recommendations, the District will provide WEEP and the NCIRT members with written
documentation of the review and credit release, to include any additional monitoring or
repair /maintenance to be performed on the site. This documentation will be provided to WEEP within
30 days of the annual monitoring meeting and not later than June 30th (excluding projects proposed for
closeout).
Possible outcomes may include approval of the full scheduled release of credits, a partial release of
credits, or no credit release, depending on the results of the annual monitoring report. Additional
monitoring or corrective measures (e.g., maintenance or repair activities, eliminating part of a site,
credit reductions, etc.) may also be required as indicated by the monitoring results. In general, if the
monitoring report indicates a problem with the site, WEEP should recommend a course of action
(maintenance, further monitoring, etc.) for NCIRT consideration. In the event that the scheduled
release of credits is reduced due to concerns with the site, the proposed approach should specify how
and when withheld credits will be released, to include updated performance standards and additional
monitoring, if warranted, and an updated credit release schedule for the site.
In some instances, WEEP may request early closure of a site based on the results of the monitoring
reports. These requests should always comply with early closure standards as established in the
monitoring guidelines in place at the time that the project is instituted. Projects submitted for early
closure should follow the closeout process described below.
Closeout Process
This section deals with the procedures to be used for the final review and closeout of all WEEP
projects. These procedures apply to all WEEP projects, including those that were instituted prior to
the date of the Instrument. Mitigation site closeout is the process by which a particular stream or
wetland mitigation site is considered to have met its stated performance standards and is released
4

from further monitoring requirements. Typically, project closeout will be proposed at the end of the
monitoring phase, as indicated in the approved mitigation plan, and when NCEEP believes that a
particular site has successfully met all the necessary monitoring requirements and performance
standards (success criteria). In some cases, closeout may be proposed ahead of the schedule, as
indicated in the monitoring guidelines in place at the time of project institution. Alternatively, if NCEEP
determines that conditions on site warrant additional monitoring or repair that will prevent submittal
of the site for closeout during the year that it would otherwise be due, they may hold the site over
until a later year; however, special provisions apply to these cases as noted in the section below
entitled Mitigation Sites Not Submitted but Due for closeout. Sites may also be proposed for closeout
once NCEEP has determined that no further repairs or monitoring are practicable on a site.
Each year, NCEEP will develop a list of projects to be proposed for closeout that year and provide the
list to the District by April 15t. Requests for project closeout will typically be submitted along with the
last required monitoring report for that project. The District will provide the members of the
NCIRT with the list and will work with NCEEP and the NCIRT to schedule field review dates for all of the
sites early enough to provide NCEEP and the NCIRT members with sufficient notice to attend the
meetings. Generally, field review dates will be conducted during the growing season to ensure
adequate assessment of vegetation and hydrology during the site visit. The goal of field reviews will be
to gain an overall understanding of a site's condition, with a focus on potential site deficiencies. Field
reviews may not include inspections of the entire site under consideration, but will be based on the
findings of the in- office briefings and any concerns raised by the NCIRT and District. Depending on the
number of sites to be reviewed each year, reviews will typically be grouped by region (e.g., coastal,
piedmont, and mountain).
NCIRT members will have the opportunity to individually review site information in advance of the site
visit. During this period, questions /concerns from the NCIRT members should be directed to both the
District and NCEEP staff. Prior to the scheduled field review of each site, an in- office briefing to the
NCIRT will be conducted in order to provide an overview of each site proposed for closeout. In
addition to NCEEP staff, mitigation site providers (for Full Delivery Projects), NCDOT staff, consulting,
monitoring, or design firms may be present at the in- office meeting and during the field review to
respond to NCIRT questions.
For every site proposed for closeout in a given year, NCEEP will post relevant documents to their
website in advance of the closeout review. Notification of posting must be provided via email to the
District for distribution to the NCIRT no less than 30 days prior to the proposed office presentation
date for each site. The following documents should be posted (in PDF format) and available for District
and NCIRT review on the NCEEP website:
1. Approved mitigation plan (formerly restoration plan), including plan sheets
5

2. Nationwide permit authorization ( #27) for site construction (if necessary)
3. As -built report (baseline monitoring report), including plan sheets
4. Past and current annual monitoring reports
5. Maintenance /repair plans (if conducted), to include:
a. Associated as- builts
b. Replanting plans
c. Additional monitoring reports (e.g., site photos, vegetation plot data, etc.)
6. Recorded preservation mechanisms (conservation easement, deed restriction, etc.)
7. Closeout summary addendum
Closeout Summary Addendum
NCEEP will prepare a closeout summary addendum to be included with the final monitoring report for
every project proposed for closeout in a given year. The final monitoring report together with the
closeout summary addendum is intended to provide the District and NCIRT with the information
necessary to make a decision on whether the project has met the goals and objectives of the mitigation
plan and satisfied the project performance standards. As with the annual monitoring reports, two hard
copies of this report should be provided for District records (one copy to the appropriate District Field
Office and one copy to the District Mitigation Office) and one hard copy for NCDWR records. NCIRT
members may request hard copies from NCEEP. The closeout summary addendum must be available
to all members of the NCIRT, and should be posted on the Portal in the same location as other digital
files for the project sites. This report should contain the information listed below:
1. List of identified contingencies (e.g., encroachments, required fence repair, invasive species,
beaver control, areas with poor vegetation growth, etc.) and recommended corrective actions
and timeframes for completion, if any
2. Current status of the site ownership, preservation mechanism, and name of the long -term
maintenance provider
3. Long -term stewardship acceptance letters
4. Final credit ledger (this may have to be modified based on the results of the review)
Closeout Approval
Following the field review of mitigation sites, the District will consider comments from the NCIRT. The
District will then inform NCEEP whether a site is approved for closeout or identify specific
contingencies that must be addressed (e.g., continued monitoring, credit adjustments, etc.) before
closeout can be approved. In order for the District to consider comments from the NCIRT, the
comments must be received no later than 15 days following the date of the field site review meeting.
Once the NCEEP is informed of the decision to closeout a site that decision is considered final, and the

District will issue written verification to NCEEP to confirm that no further action is required on the site.
Every effort will be made to provide final written approval of project closeout to NCEEP in a timely
manner following regionally scheduled field visits.
Written approval will include a final debit ledger for all sites newly approved for closeout. The final
debit ledgers will list the approved balance of stream and wetland credits (may be expressed in linear
feet and acres, but must also state credit total) generated by the sites, along with the individual debits
associated with NCDWR (401) and District (404) permit actions, and the remaining balance available at
each closed site. Please note that once a closeout site has been approved, the individual debits listed
for each site must remain with that site. Additionally, as any remaining balance for each site is debited
and associated with a particular District or NCDWR permit action, that permit action must also remain
associated with that site. Any deviation from this requirement must be brought to the immediate
attention of the District and NCIRT for approval on a case -by -case basis. Once a mitigation site has
received closeout approval, all future credit transactions will be reported in the ledgers submitted with
the NCEEP Annual Report.
Written approval of closeouts by the District will also include a complete listing of all NCEEP projects
that have come due for closeout to date. The list will identify the status of each project in the
following categories: Closed, Closed (Contingency), Not Closed (Contingency), or Past Due Date (In
Extended Monitoring). These categories are described in more detail below:
Closed — Final closeout is approved and no further action is required. The site shall be transferred to
the long -term steward within 60 days (see NCEEP Responsibility for Closed Sites below).
Closed (Contingency) — Final closeout is approved but one or more contingencies were identified
during the review that must be completed prior to transferring the site to the long -term steward.
Approval is provided with the understanding that those actions will be carried out, but that no further
monitoring or verification of those actions is required. An example of this situation would be if the
contingency involved the need for minor treatment for invasive species, and the NCEEP had already
obtained a contract and scheduled a treatment. In this instance, the District may closeout the site with
the condition that an additional treatment is required. Under these situations, the NCEEP is under no
obligation to provide any additional monitoring data, but may be asked to provide documentation that
such contingency treatments have been completed. These sites shall be transferred to the long -term
steward within 60 days (see NCEEP Responsibility for Closed Sites below); however, these sites may not
be transferred until all contingencies as described in the closeout approval letter have been completed.
Not Closed (Contingency) — The District, in consultation with the NCIRT, has determined one or more
conditions on site constitute a concern that requires further monitoring and /or verification that
7

corrective actions have been carried out. In this case, the final closeout approval is held in abeyance
until all contingencies have been resolved. In these cases, the District will inform NCEEP of the
necessary actions and /or monitoring requirements. Once these actions have been completed, the
District and NCIRT will evaluate the information provided and inform NCEEP whether closeout has
been approved for the site or if additional actions are necessary. In the event that multiple efforts
have unsuccessfully been made to address a contingency, the District in consultation with the NCIRT,
may disallow further repair efforts and instead determine a final appropriate release of credits.
Past Due Date (In Extended Monitoring) — This category includes mitigation sites that would have
normally been proposed for closeout based on their construction and monitoring schedule, but have
not been submitted for closeout due to various concerns. In most cases, these sites are in extended
monitoring following repair or replanting, or to gather sufficient hydrology data to demonstrate
success or failure. The decision to keep sites in extended monitoring past their normally scheduled
closeout date shall be made by NCEEP staff; however, NCEEP must provide a list of these projects to
the District at the beginning of the closeout year (by April 1s) along with a brief explanation of why the
site is not being proposed, a summary of the corrective action plan, and the anticipated timeframe for
completion. If sites remain on this list for an extended time (i.e., past the anticipated timeframe for
the first proposed corrective action plan), an evaluation of the site will be conducted with the District
and members of the NCIRT to determine if the site warrants continued maintenance and repair. If a
site was instituted after the date of the Instrument, the final credit release (as specified in the Credit
Release Schedule included in the Mitigation Plan for the site) will not be approved until the site has
received closeout approval from the District. In the event that the decision is made to discontinue
repair or further monitoring of a site, the District in consultation with the NCIRT will determine the
appropriate final release of credits (if any).
Credit Adjustments at Site Closeout
In some instances, certain issues are identified during the site closeout meetings that may affect the
total credit generated by a mitigation site. Some examples of this include utility crossings that affect a
site's ecological function, extensive easement encroachments, areas within wetland mitigation sites
that do not appear to have appropriate hydrology or vegetation, or reaches of stream channel that
have not met performance standards (bank instability, poor vegetation growth, insufficient buffers,
inappropriate dimension, pattern, or profile, etc.). In these instances, the NCIRT will evaluate the
conditions present on site, with consideration given to the functional lift (hydrology, water quality, and
habitat) provided by the mitigation activity. Adjustments to the total number of credits provided by a
mitigation site may be made to account for these circumstances. In general, these adjustments will be
based on the extent to which the degraded condition affects the site (e.g., acres of wetland or linear
feet of stream) and the severity of the degraded condition.

NCEEP Responsibility for Closed Sites
All NCEEP mitigation sites, including those that are listed in this memo as having been approved for
closeout, must be protected by a conservation easement, deed restriction, or similar District - approved
Preservation Mechanism (PM). Immediately following site closeout, the PM for a site shall be
transferred to the final long -term maintenance provider (long -term steward) who will be responsible
for the future monitoring of the site and ensuring that the provisions of the PM are enforced.
Typically, transferring a property involves obtaining acceptance from the long -term steward and
instructing the State Property Office to transfer responsibility for the PM from NCEEP to the long -term
steward. In most cases, the long -term steward will be the Stewardship Program, which is a part of the
North Carolina Department of Environment and Natural Resources Office of Conservation and
Community Affairs, however, in some cases, the PM may be transferred to other entities, as previously
approved by the District in consultation with the NCIRT on a case -by -case basis.
NCEEP shall transfer all PMs to the long -term steward within 60 days from the date that written
verification of site closeout has been provided to NCEEP. Furthermore, any requirements of the long-
term financing mechanism necessary to fund the long -term steward (e.g., non - wasting endowments,
contractual funding requirements, etc.) must also be provided by this date. If there are sites where it is
not possible to transfer the PM within this 60 -day timeframe, the NCEEP must notify the District prior
to that deadline to request an extension. As specified by the Instrument, a copy of all recorded PMs,
showing the book and page numbers of the recorded location, shall be made available to the District
and NCIRT by posting the information on the NCEEP Portal in advance of the closeout report submittal
deadline.
Once the PMs for mitigation sites have been transferred to the long -term steward along with
appropriate funding, all future District actions regarding the preservation and maintenance of these
sites will be directed toward the long -term steward, but until this occurs, NCEEP will remain the
responsible party for enforcing the provisions of the PM. For mitigation sites where the North Carolina
Department of Transportation ( NCDOT) is the fee - simple owner or the holder of the PM, the NCDOT
will remain the responsible party for enforcing the provisions of the PM until such time that the sites
have been transferred to a different long -term steward, as approved on a case -by -case basis by the
District, and any necessary requirements of long -term funding mechanisms have been satisfied.
For questions regarding this process, please contact the District Mitigation Office at 919 - 846 -2564 or
by email at todd.tugwell @usace.army.mil.
9

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U

REPLY TO
ATTENTION OF
CESAW -RG /Tugwell
DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
69 DARLINGTON AVENUE
WILMINGTON. NORTH CAROLINA 28403 -1343
August 7, 2013
SUBJECT: NCIRT Monitoring Report Review, Credit Release and Project Closeout Process for NCEEP
Mitigation Projects
From: Todd Tugwell, USACE Wilmington District NCIRT Chair
To: North Carolina Interagency Review Team and North Carolina Ecosystem Enhancement Program
The purpose of this document is to establish the standard operating procedures by which the
Wilmington District, U.S. Army Corps of Engineers (District) will process annual monitoring reports,
credit releases, and project closure for projects developed by the North Carolina Ecosystem
Enhancement Program ( NCEEP). The requirement for the submittal of annual monitoring reports is
subject to the provisions of 33 CFR 332 — Compensatory mitigation for Losses of Aquatic Resources
(Mitigation Rule) and NCEEP's in -lieu fee instrument (Instrument), as approved on July 28, 2010. The
District will coordinate this process with the North Carolina Interagency Review Team ( NCIRT),
including notification and distribution of electronic documents and consideration of NCIRT comments.
Annual Monitoring and Credit Release
The procedures below cover the submittal of monitoring reports and release of credits, and are
applicable to all projects that were instituted after the approval of the Instrument (July 28, 2010). For
projects that were instituted prior to this date, the procedures that were in place at the time the
projects were instituted continue to apply.
Initial Credit Release and As -Built Survey
As stated in Section IV(I)(3) of the instrument, the initial release of credits for NCEEP projects occurs
upon satisfactory completion of the following components:
1. Approval of the final mitigation plan;
2. Recordation of the preservation mechanism, as well as a title opinion acceptable to the District
covering the property;
3. Completion of the initial physical and biological improvements to the mitigation site pursuant
to the mitigation plan;

4. Receipt of necessary DA permit authorization or written DA approval of projects where DA
permit issuance is not required. Under no circumstances shall any mitigation project be
debited until the necessary DA authorization has been received for its construction or the DE
has otherwise provided written approval for the project in the case where no DA authorization
is required for construction of the mitigation project.
The initial release of credits occurs without written approval from the District, and can be added to the
ledgers immediately once the components above have been completed. The number of credits to be
released at this point is based on the credit release schedule included in the approved mitigation plan,
but is typically 30% of the total credits for each credit type. The standard credit release schedule for
NCEEP projects is attached to this document for reference. The exception to this is for preservation -
only portions of mitigation sites, where 100% of preservation credits will typically be released upon
completion of the requirements above.
Final as -built reports (baseline monitoring reports) will be posted to the NCEEP Portal within 30 days of
their receipt by NCEEP, which typically occurs within 60 days of completion of construction and
planting of a site. When the final as -built is posted, NCEEP will notify the District Mitigation Office that
the as -built is available on the Portal and that the initial credit release has occurred. This notification
should include a copy of the current credit ledger for the site that shows the credit release. The ledger
may include linear feet and acres, but must also state the release in terms of mitigation credits. This
initial ledger is critical as it records the first credit release and establishes the baseline for future
releases based on as -built credit totals (these may differ slightly from the credit amounts proposed in
the approved mitigation plan as a result of differences between the proposed design and actual
construction). This notification should be provided to the District via email with a PDF attachment for
the ledger. The credit ledger template (attached) should be used for all monitoring reports and credit
release requests.
The District will distribute this notification and ledger to all IRT members. At this point, the NCIRT
members may choose to review the as -built reports and provide the District with comments (e.g.,
concerns regarding location of vegetation plots or gauge stations); however this review is not required
— the first official NCIRT review of the as -built report will normally occur during the review of the first
annual monitoring report. The District will pass on all comments to NCEEP for consideration and
action.
Annual Monitoring Reports
District and NCIRT review of annual monitoring reports for all NCEEP projects instituted after the date
of the Instrument will be conducted during yearly monitoring report review meetings. These meetings
2

will typically be scheduled by the NCIRT at beginning of the year, with the intent of conducting a batch
review of all monitoring reports. (Please note that this process does not apply to projects that are
proposed for closeout in any given year since these projects are reviewed on site. See the closeout
process below for a description of project closure and final credit release.) In preparation for these
review meetings, annual monitoring reports will be prepared and /or reviewed by NCEEP and posted to
the NCEEP Portal at least 30 days in advance of the meeting times and no later than April 1st of each
year. Monitoring reports must be available to all members of the NCIRT, and should be posted in the
same location as other digital files for that project. Two hard copies of each report should be provided
for District records (one copy to the appropriate District Field Office and one copy to the District
Mitigation Office) and one hard copy for NC Division of Water Resources ( NCDWR) records. NCIRT
members may request additional hard copies from NCEEP as needed.
The contents of the annual monitoring reports should meet the minimum standards established by RGL
08 -03, Minimum Monitoring Requirements for Compensatory Mitigation Projects Involving the
Restoration, Establishment, and /or Enhancement of Aquatic Resources dated) dated October 10, 2008,
and any current Wilmington District monitoring guidance in place at the time that the project is
instituted. In general, annual monitoring reports should include the following:
1. Brief project history, including originator ( NCEEP, NCDOT, NCWRC, etc.), project timeline listing
major project milestones (date instituted *, date constructed *, monitoring events, storm
damage, repairs, etc.) *As defined in the NCEEP Instrument, dated July 28, 2010
2. Summary information on project setting (land owner, location, watershed, etc.)
3. Performance standards, clearly stating which standards have or have not been met
4. Site maps — Information below may be overlaid on the same map to minimize the number of
maps submitted, but the maps should clearly depict the following:
a. Plan view with the most recent aerial image showing locations of different mitigation
areas /types, and all monitoring locations (plots, cross - sections, photo points, etc.)
b. Soil boundaries
c. Topographic contours
5. Site photographs (prior conditions, post- construction, monitoring photo points, etc.)
6. Data summaries (vegetation, hydrology, etc.), including summary tables for all years
7. Wetland sites should include hydrology data depicted graphically with pertinent drought and
rainfall data, preferably with data from subsequent years shown on the same graph
8. Credit ledger that lists all credit assets (based on as -built numbers), all debits and associated
District and NCDWR permit numbers, all remaining credit assets identified by credit
classification
a. Current stream credit classifications: Warm, Cool, Cold
b. Current wetland credit classifications: Coastal, Non - Riparian, Riparian Riverine, Riparian
Non - Riverine)
3

Review of Annual Monitoring Reports and Credit Releases
The purpose of conducting annual meetings to review all monitoring reports is to allow WEEP and /or
the mitigation providers to respond to questions posed by the NCIRT during the meeting. NCIRT
members will have at least 30 days to review posted monitoring reports in advance of the meetings
and should come prepared with questions and comments. Following the review of the monitoring
reports during the meeting, the NCIRT will be given an opportunity to provide comments and
recommendations to the District for each project. If necessary, members may provide comments to
the District up to 15 days after the review meeting, but the preference is for the NCIRT to reach a
consensus immediately following the meeting. Once the NCIRT members have provided
recommendations, the District will provide WEEP and the NCIRT members with written
documentation of the review and credit release, to include any additional monitoring or
repair /maintenance to be performed on the site. This documentation will be provided to WEEP within
30 days of the annual monitoring meeting and not later than June 30th (excluding projects proposed for
closeout).
Possible outcomes may include approval of the full scheduled release of credits, a partial release of
credits, or no credit release, depending on the results of the annual monitoring report. Additional
monitoring or corrective measures (e.g., maintenance or repair activities, eliminating part of a site,
credit reductions, etc.) may also be required as indicated by the monitoring results. In general, if the
monitoring report indicates a problem with the site, WEEP should recommend a course of action
(maintenance, further monitoring, etc.) for NCIRT consideration. In the event that the scheduled
release of credits is reduced due to concerns with the site, the proposed approach should specify how
and when withheld credits will be released, to include updated performance standards and additional
monitoring, if warranted, and an updated credit release schedule for the site.
In some instances, WEEP may request early closure of a site based on the results of the monitoring
reports. These requests should always comply with early closure standards as established in the
monitoring guidelines in place at the time that the project is instituted. Projects submitted for early
closure should follow the closeout process described below.
Closeout Process
This section deals with the procedures to be used for the final review and closeout of all WEEP
projects. These procedures apply to all WEEP projects, including those that were instituted prior to
the date of the Instrument. Mitigation site closeout is the process by which a particular stream or
wetland mitigation site is considered to have met its stated performance standards and is released
4

from further monitoring requirements. Typically, project closeout will be proposed at the end of the
monitoring phase, as indicated in the approved mitigation plan, and when NCEEP believes that a
particular site has successfully met all the necessary monitoring requirements and performance
standards (success criteria). In some cases, closeout may be proposed ahead of the schedule, as
indicated in the monitoring guidelines in place at the time of project institution. Alternatively, if NCEEP
determines that conditions on site warrant additional monitoring or repair that will prevent submittal
of the site for closeout during the year that it would otherwise be due, they may hold the site over
until a later year; however, special provisions apply to these cases as noted in the section below
entitled Mitigation Sites Not Submitted but Due for closeout. Sites may also be proposed for closeout
once NCEEP has determined that no further repairs or monitoring are practicable on a site.
Each year, NCEEP will develop a list of projects to be proposed for closeout that year and provide the
list to the District by April 15t. Requests for project closeout will typically be submitted along with the
last required monitoring report for that project. The District will provide the members of the
NCIRT with the list and will work with NCEEP and the NCIRT to schedule field review dates for all of the
sites early enough to provide NCEEP and the NCIRT members with sufficient notice to attend the
meetings. Generally, field review dates will be conducted during the growing season to ensure
adequate assessment of vegetation and hydrology during the site visit. The goal of field reviews will be
to gain an overall understanding of a site's condition, with a focus on potential site deficiencies. Field
reviews may not include inspections of the entire site under consideration, but will be based on the
findings of the in- office briefings and any concerns raised by the NCIRT and District. Depending on the
number of sites to be reviewed each year, reviews will typically be grouped by region (e.g., coastal,
piedmont, and mountain).
NCIRT members will have the opportunity to individually review site information in advance of the site
visit. During this period, questions /concerns from the NCIRT members should be directed to both the
District and NCEEP staff. Prior to the scheduled field review of each site, an in- office briefing to the
NCIRT will be conducted in order to provide an overview of each site proposed for closeout. In
addition to NCEEP staff, mitigation site providers (for Full Delivery Projects), NCDOT staff, consulting,
monitoring, or design firms may be present at the in- office meeting and during the field review to
respond to NCIRT questions.
For every site proposed for closeout in a given year, NCEEP will post relevant documents to their
website in advance of the closeout review. Notification of posting must be provided via email to the
District for distribution to the NCIRT no less than 30 days prior to the proposed office presentation
date for each site. The following documents should be posted (in PDF format) and available for District
and NCIRT review on the NCEEP website:
1. Approved mitigation plan (formerly restoration plan), including plan sheets
5

2. Nationwide permit authorization ( #27) for site construction (if necessary)
3. As -built report (baseline monitoring report), including plan sheets
4. Past and current annual monitoring reports
5. Maintenance /repair plans (if conducted), to include:
a. Associated as- builts
b. Replanting plans
c. Additional monitoring reports (e.g., site photos, vegetation plot data, etc.)
6. Recorded preservation mechanisms (conservation easement, deed restriction, etc.)
7. Closeout summary addendum
Closeout Summary Addendum
NCEEP will prepare a closeout summary addendum to be included with the final monitoring report for
every project proposed for closeout in a given year. The final monitoring report together with the
closeout summary addendum is intended to provide the District and NCIRT with the information
necessary to make a decision on whether the project has met the goals and objectives of the mitigation
plan and satisfied the project performance standards. As with the annual monitoring reports, two hard
copies of this report should be provided for District records (one copy to the appropriate District Field
Office and one copy to the District Mitigation Office) and one hard copy for NCDWR records. NCIRT
members may request hard copies from NCEEP. The closeout summary addendum must be available
to all members of the NCIRT, and should be posted on the Portal in the same location as other digital
files for the project sites. This report should contain the information listed below:
1. List of identified contingencies (e.g., encroachments, required fence repair, invasive species,
beaver control, areas with poor vegetation growth, etc.) and recommended corrective actions
and timeframes for completion, if any
2. Current status of the site ownership, preservation mechanism, and name of the long -term
maintenance provider
3. Long -term stewardship acceptance letters
4. Final credit ledger (this may have to be modified based on the results of the review)
Closeout Approval
Following the field review of mitigation sites, the District will consider comments from the NCIRT. The
District will then inform NCEEP whether a site is approved for closeout or identify specific
contingencies that must be addressed (e.g., continued monitoring, credit adjustments, etc.) before
closeout can be approved. In order for the District to consider comments from the NCIRT, the
comments must be received no later than 15 days following the date of the field site review meeting.
Once the NCEEP is informed of the decision to closeout a site that decision is considered final, and the

District will issue written verification to NCEEP to confirm that no further action is required on the site.
Every effort will be made to provide final written approval of project closeout to NCEEP in a timely
manner following regionally scheduled field visits.
Written approval will include a final debit ledger for all sites newly approved for closeout. The final
debit ledgers will list the approved balance of stream and wetland credits (may be expressed in linear
feet and acres, but must also state credit total) generated by the sites, along with the individual debits
associated with NCDWR (401) and District (404) permit actions, and the remaining balance available at
each closed site. Please note that once a closeout site has been approved, the individual debits listed
for each site must remain with that site. Additionally, as any remaining balance for each site is debited
and associated with a particular District or NCDWR permit action, that permit action must also remain
associated with that site. Any deviation from this requirement must be brought to the immediate
attention of the District and NCIRT for approval on a case -by -case basis. Once a mitigation site has
received closeout approval, all future credit transactions will be reported in the ledgers submitted with
the NCEEP Annual Report.
Written approval of closeouts by the District will also include a complete listing of all NCEEP projects
that have come due for closeout to date. The list will identify the status of each project in the
following categories: Closed, Closed (Contingency), Not Closed (Contingency), or Past Due Date (In
Extended Monitoring). These categories are described in more detail below:
Closed — Final closeout is approved and no further action is required. The site shall be transferred to
the long -term steward within 60 days (see NCEEP Responsibility for Closed Sites below).
Closed (Contingency) — Final closeout is approved but one or more contingencies were identified
during the review that must be completed prior to transferring the site to the long -term steward.
Approval is provided with the understanding that those actions will be carried out, but that no further
monitoring or verification of those actions is required. An example of this situation would be if the
contingency involved the need for minor treatment for invasive species, and the NCEEP had already
obtained a contract and scheduled a treatment. In this instance, the District may closeout the site with
the condition that an additional treatment is required. Under these situations, the NCEEP is under no
obligation to provide any additional monitoring data, but may be asked to provide documentation that
such contingency treatments have been completed. These sites shall be transferred to the long -term
steward within 60 days (see NCEEP Responsibility for Closed Sites below); however, these sites may not
be transferred until all contingencies as described in the closeout approval letter have been completed.
Not Closed (Contingency) — The District, in consultation with the NCIRT, has determined one or more
conditions on site constitute a concern that requires further monitoring and /or verification that
7

corrective actions have been carried out. In this case, the final closeout approval is held in abeyance
until all contingencies have been resolved. In these cases, the District will inform NCEEP of the
necessary actions and /or monitoring requirements. Once these actions have been completed, the
District and NCIRT will evaluate the information provided and inform NCEEP whether closeout has
been approved for the site or if additional actions are necessary. In the event that multiple efforts
have unsuccessfully been made to address a contingency, the District in consultation with the NCIRT,
may disallow further repair efforts and instead determine a final appropriate release of credits.
Past Due Date (In Extended Monitoring) — This category includes mitigation sites that would have
normally been proposed for closeout based on their construction and monitoring schedule, but have
not been submitted for closeout due to various concerns. In most cases, these sites are in extended
monitoring following repair or replanting, or to gather sufficient hydrology data to demonstrate
success or failure. The decision to keep sites in extended monitoring past their normally scheduled
closeout date shall be made by NCEEP staff; however, NCEEP must provide a list of these projects to
the District at the beginning of the closeout year (by April 1s) along with a brief explanation of why the
site is not being proposed, a summary of the corrective action plan, and the anticipated timeframe for
completion. If sites remain on this list for an extended time (i.e., past the anticipated timeframe for
the first proposed corrective action plan), an evaluation of the site will be conducted with the District
and members of the NCIRT to determine if the site warrants continued maintenance and repair. If a
site was instituted after the date of the Instrument, the final credit release (as specified in the Credit
Release Schedule included in the Mitigation Plan for the site) will not be approved until the site has
received closeout approval from the District. In the event that the decision is made to discontinue
repair or further monitoring of a site, the District in consultation with the NCIRT will determine the
appropriate final release of credits (if any).
Credit Adjustments at Site Closeout
In some instances, certain issues are identified during the site closeout meetings that may affect the
total credit generated by a mitigation site. Some examples of this include utility crossings that affect a
site's ecological function, extensive easement encroachments, areas within wetland mitigation sites
that do not appear to have appropriate hydrology or vegetation, or reaches of stream channel that
have not met performance standards (bank instability, poor vegetation growth, insufficient buffers,
inappropriate dimension, pattern, or profile, etc.). In these instances, the NCIRT will evaluate the
conditions present on site, with consideration given to the functional lift (hydrology, water quality, and
habitat) provided by the mitigation activity. Adjustments to the total number of credits provided by a
mitigation site may be made to account for these circumstances. In general, these adjustments will be
based on the extent to which the degraded condition affects the site (e.g., acres of wetland or linear
feet of stream) and the severity of the degraded condition.

NCEEP Responsibility for Closed Sites
All NCEEP mitigation sites, including those that are listed in this memo as having been approved for
closeout, must be protected by a conservation easement, deed restriction, or similar District - approved
Preservation Mechanism (PM). Immediately following site closeout, the PM for a site shall be
transferred to the final long -term maintenance provider (long -term steward) who will be responsible
for the future monitoring of the site and ensuring that the provisions of the PM are enforced.
Typically, transferring a property involves obtaining acceptance from the long -term steward and
instructing the State Property Office to transfer responsibility for the PM from NCEEP to the long -term
steward. In most cases, the long -term steward will be the Stewardship Program, which is a part of the
North Carolina Department of Environment and Natural Resources Office of Conservation and
Community Affairs, however, in some cases, the PM may be transferred to other entities, as previously
approved by the District in consultation with the NCIRT on a case -by -case basis.
NCEEP shall transfer all PMs to the long -term steward within 60 days from the date that written
verification of site closeout has been provided to NCEEP. Furthermore, any requirements of the long-
term financing mechanism necessary to fund the long -term steward (e.g., non - wasting endowments,
contractual funding requirements, etc.) must also be provided by this date. If there are sites where it is
not possible to transfer the PM within this 60 -day timeframe, the NCEEP must notify the District prior
to that deadline to request an extension. As specified by the Instrument, a copy of all recorded PMs,
showing the book and page numbers of the recorded location, shall be made available to the District
and NCIRT by posting the information on the NCEEP Portal in advance of the closeout report submittal
deadline.
Once the PMs for mitigation sites have been transferred to the long -term steward along with
appropriate funding, all future District actions regarding the preservation and maintenance of these
sites will be directed toward the long -term steward, but until this occurs, NCEEP will remain the
responsible party for enforcing the provisions of the PM. For mitigation sites where the North Carolina
Department of Transportation ( NCDOT) is the fee - simple owner or the holder of the PM, the NCDOT
will remain the responsible party for enforcing the provisions of the PM until such time that the sites
have been transferred to a different long -term steward, as approved on a case -by -case basis by the
District, and any necessary requirements of long -term funding mechanisms have been satisfied.
For questions regarding this process, please contact the District Mitigation Office at 919 - 846 -2564 or
by email at todd.tugwell @usace.army.mil.
9

Start 1� I Site is at end of final
year of Monitoring
'Co
Recommend
Monitoring Specialist es data
continued
reviews monitoring support No
monitoring and / or
reports closeout?
site?
delays
maintenance
Ye
addresses
Work with Property
Has site projection
Protection to
strument been put in place and is proper
No
resolve issues with
free of easement
Landowner/ Full
encroachments?
Delivery Provider
Ye
Project Closeout
CID No. IMP.PMP.02.02.08 Page 1 of 1
Owner: 12/01/2010
Mac Haupt Rev.O
' Complete — '
Process will be
)quired to resta
at later date
Does
Closeout
Supervisor (in consultation with Fu
alivery Sup'v — if Full Delivery Proje
Closeout Supervisor (in consultation with Full Delivery Sup'v — if
Full Delivery Project)lists site in letter to USACE or (DWQ if
Buffer /Nutrient Offset) no later than January of each year
announcing projects being closed out
Monitoring Specialist (or Monitoring Firm) prepares
�omplete — Process summary report for site, posts on EEP's Web site
will be required to (target April) & Copies of summary report sent to
restart at later date agencies if applicable.
decideto proceed with
closeout?
Monitoring Supervisor
schedules site visit with
Technical Committee of
No IRT /DWQ
/ IRT /DWQ visits
Does site
IRT /DWQ accept the project?
Does Complete. Go to
EEP completes any IRT /DWQ need to add any USACE /DWQ prepares Transfer to
contingencies. Yes contingencies in order for No memo to EEP approving r_�M Stewardship,
project closeout
successful closeout? P .PR0.02.02.0
Does
RT /DWQ want No Project is reviewed at IRT
to visit the or DWQ meeting
EEP
site?
delays
closeout,
addresses
issues at
Yes
the site
I
Monitoring Supervisor
schedules site visit with
Technical Committee of
No IRT /DWQ
/ IRT /DWQ visits
Does site
IRT /DWQ accept the project?
Does Complete. Go to
EEP completes any IRT /DWQ need to add any USACE /DWQ prepares Transfer to
contingencies. Yes contingencies in order for No memo to EEP approving r_�M Stewardship,
project closeout
successful closeout? P .PR0.02.02.0

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U

DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
69 DARLINGTON AVENUE
WILMINGTON, NORTH CAROLINA 28403 -1343
REPLY TO
ATTENTION OF September 3, 2013
Regulatory Division
Re: NCEEP Mitigation Site Credit Releases for the 2013 Monitoring Year
Mr. Tim Baumgartner
North Carolina Ecosystem Enhancement Program
1652 Mail Service Center
Raleigh, NC 27699 -1652
Dear Mr. Baumgartner:
Please reference the meeting of April 9, 2013, attended by representatives from the North
Carolina Ecosystem Enhancement Program ( NCEEP), the U.S. Army Corps of Engineers Wilmington
District (District), and members of the North Carolina Interagency Review Team ( NCIRT). The
meeting was held to provide the District and NCIRT members with the opportunity to review
monitoring reports from the 2012 monitoring year for all sites that were developed pursuant to the
NCEEP in -lieu fee instrument dated July 28, 2010. The purpose of this letter is to provide USACE
approval of credit release for all the projects referenced herein.
Attached to this letter are credit release schedules for all sites reviewed during this meeting.
These ledgers indentify the credits released with this approval and the schedule for future credit releases.
Please note that this process only applies to sites that were instituted after the date of the approved
NCEEP instrument. Credit release for these projects is provided in accordance with the provisions of
the instrument, the Federal Mitigation Rule (33 CFR Part 332), and the memo entitled NCIRT Monitoring
Report Review, Credit Release and Project Closeout Process for NCEEP Mitigation Projects, which details
the USACE Wilmington District monitoring, closeout and credit release process for NCEEP Mitigation
Projects. For reference, below is a list of all mitigation sites that were reviewed during this year's
annual monitoring report review, along with the associated USACE Action ID and the credit release
action taken for that project (i.e., full credit release with no contingencies, full credit release with
contingencies, partial credit release with contingencies, no credit release with contingencies, etc.).
Please see the attached individual credit release schedules for specific credit release numbers, future
scheduled releases, and any required contingencies.
NCEEP Proiect Credit Releases for the 2012 Monitorine Year
Project Site Name
USAGE Action ID
Credit Release Action Taken
Sliver Moon
SAW - 2012 -00096
Full Credit Release with No Contingencies

Please note that in accordance with Section 332.8(n)(3) of the Mitigation Rule, once credits have
been released for particular sites, those credits must first be used to fulfill any advance credits that have
already been provided within the project service area before any remaining released credits can be sold
or transferred to permittees. Once this is done, those advance credits that are no longer being used to
meet mitigation obligations may be added to the pot of available advance credits within the appropriate
cataloging unit, as specified by the NCEEP instrument. Additionally, as released credits are associated
with a particular USACE or NCDWQ permit action, those credits must remain obligated to that
particular permit action. Any deviation from this requirement must be brought to the immediate
attention of the USACE and NCIRT for approval on a case -by -case basis. All transactions of released
credits should be reported in the ledgers submitted with the NCEEP Annual Report.
Thank you for your continued efforts in improving our procedures. If you have any questions
regarding this letter, or the requirements of the Mitigation Rule, please call me at 919- 846 -2564.
Enclosures
Electronic Copies Furnished:
NCIRT Distribution List
2
TUGWELL.TODD.JASON.1048429293
2013.09.03 08:20:29 - 04'00'

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