20160978 Ver 1_Year 4 Monitoring Credit Release_20211119

DEPARTMENT OF THE ARMY
WLMINGTON DISTRICT, CORPS OF ENGINEERS
69 DARLINGTON AVENUE
WLMINGTON, NORTH CAROLINA28403-1343
November 19, 2021
Regulatory Division
Action ID No. SAW-2016-01986
Re: Year 4 Monitoring Report Review and Credit Release associated with Neu -Con
Umbrella Mitigation Bank, Polecat Stream Mitigation Site
EBX-Neuse, LLC
3600 Glenwood Avenue, Suite 100
Raleigh, North Carolina 27612
Dear Mr. Breslow:
This correspondence is in reference to the Neu -Con Umbrella Mitigation Bank,
Polecat Stream Mitigation Site located in eastern North Carolina. Specifically, the site is
located near the intersection of Mallard Road and Hill Road, Smithfield, Johnston County,
North Carolina, within the Polecat Branch watershed of the Upper Neuse Cataloging Unit
(03020201). The purpose of this letter is to transmit comments provided by the NC
Interagency Review Team (NCIRT) during the review of the monitoring report (see
attached) and to confirm the Year 4 credit release for this mitigation site.
Pursuant to the Mitigation Banking Instrument (UMBI) entitled, Neu -Con Umbrella
Wetland Mitigation and Stream Restoration Bank, approved April 2, 2001 and amended
April 10, 2009; the site -specific Polecat Final Mitigation Plan dated July 2017 and
approved September 15, 2017; and the Polecat Stream Mitigation Site Year 4 Monitoring
Report dated September 2021, 5 percent of the mitigation site's total restoration and
enhancement credits shall be available for sale provided the Year 4 Monitoring Report
demonstrates interim performance standards are being met. Additionally, 10 percent of
the mitigation site's total restoration and enhancement credits shall be available for sale
provided that the bankfull performance standard has been met.
Based on a review of the data provided for the stream restoration and enhancement
on the site, we confirm that you have satisfied the above requirements for the Year 4
Monitoring credit release, and 985.05 stream mitigation units (SMUs) are now available
for sale. To date, 4,925.25 SMUs (75 percent of the total restoration and enhancement
credits) have been released for sale.

Please review the comments provided by the NCIRT during their review of the
monitoring report. While it is not necessary to provide a response to specific comments
at this time, please be sure to address the issues raised in future monitoring report
submittals.
Thank you for your interest in restoring and protecting waters of the United States. If
you have questions regarding this letter, please contact me at
todd.tugwell(a�usace.army.mil or telephone [phone].
Sincerely,
Todd Tugwell
Mitigation Project Manager
Regulatory Division
Electronic Copies Furnished:
NCIRT Distribution List

DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
69 DARLINGTON AVENUE
WILMINGTON. NORTH CAROLINA28403-1343
CESAW-RG/Tugwell November 19, 2021
MEMORANDUM FOR RECORD
SUBJECT: Action ID # SAW-2016-01986, NCIRT Review Comments on the Neu -Con
Umbrella Mitigation Bank, Polecat Stream Mitigation Site Year 4 Monitoring Report
Erin Davis, NCDWR:
1. Though the ditch is not within a credit generating area, it appears that it is within
the 404/401 stream mitigation project easement. Is trimming vegetation along
the project ditch identified as an allowable activity in the Conservation Easement
Agreement? If not and this was considered an adaptive management activity,
then the IRT should have been notified prior to conducting the activity. Will this
be an ongoing long-term management activity? Were alternatives to veg cutting
considered?
2. Given the nearly 7 acres of invasives treated in 2021 and 3 acres proposed for
treatment in 2022, has supplemental planting in treatment areas been
considered? If not, please explain.
3. How far is the Johnston County Airport Station from the project site?
Todd Tugwell, USACE:
1. Through coordination with Katie Merritt with DWR, we learned that the property
owner along the KZ5 tributary has experienced flooding of their property, which
led to ditch vegetation maintenance within the project. If the mowing/cutting of
vegetation that occurred along KZ5 was still within the conservation easement for
the 404 bank, then it was not compliant with the approved conservation
easement, even if this was only within buffer credit areas. Please be sure to
consult the Corps and IRT prior to approving these types of activities.
2. It appears that Table 2, Project Activity and Reporting History, has not been
updated with the current year's monitoring activities.
3. Please conduct a transect vegetation plot within the area identified as having
invasive species present along KZ1 and KZ2 in Monitoring Year 5.
4. If possible, please update the aerial images used on the CCPV.
Todd Tugwell
Mitigation Project Manager
Regulatory Division

From: Davis, Erin B
To: Baker, Caroline D
Subject: FW: [External] RE: SAW-2016-01986 / EBX-Neuse I, LLC / Neu -Con UMBI / Polecat Year 4 Monitoring Report
Date: Monday, November 22, 2021 7:53:52 AM
Attachments: 2016-01986 Polecat Year 4 Monitoring Credit Release.odf
Laserfiche Upload: Email & Attachment
DWR#: 20160978 v.I
Doc Type: Mitigation Evaluation
-----Original Message -----
From: Tugwell, Todd J CIV USARMY CESAW (USA)[mailto:Todd.J.Tugw�.usace.armv.mil]
Sent: Friday, November 19, 2021 4:16 PM
To: Brad Breslow <[e-mail]>; Daniel Ramsay <dramsay(aajres.us>; Katie Webber <kwebber(a�jres.us>;
Ryan Medric <rmedric(a�jres.us>
Cc: Dailey, Samantha J CIV USARMY CESAW (USA) <Samantha.J.Dailey(ousace.army.mil>; Kim Browning
<[e-mail]>; Haywood, Casey M CIV USARMY CESAW (USA)
<Casey.M.Haywood(ousace.army.mil>; Bowers, Todd <[e-mail]>; Wilson, Travis W.
<travis.wilson(oncwildlife.org>; Davis, Erin B <erin.davis(0ncdenr.gov>
Subject: [External] RE: SAW-2016-01986 / EBX-Neuse I, LLC / Neu -Con UMBI / Polecat Year 4 Monitoring
Report
CAUTION: External email. Do not click links or open attachments unless you verify. Send all suspicious email as
an attachment to Report Spam.<mailt07rel2ort.sl2amnnc.gov>
Good afternoon,
Please find attached the Year 4 monitoring report comments and credit release for the EBX, Neuse I, LLC - Polecat
Stream Mitigation Project.
Thank you and please let me know if you have any questions.
Todd Tugwell
Mitigation Project Manager
Wilmington District, US Army Corps of Engineers
3331 Heritage Trade Drive, Suite 105
Wake Forest, North Carolina 27587
[phone]
We would appreciate your feedback on how we are performing our duties. Our automated Customer Service Survey
is located at: https://urldefense.com/v3/_https://regulatorops.usace.armv.mil/customer-service-
survey/_:1 ! HYmSToo INOV 53hLKX2wF G71pnW2FEABEe3E-
kKJepR_dK6GsMX1Rx8YJ_w8cWEgxelEhjIICHaAS Thank you for taking the time to visit this site and complete
the survey.
-----Original Message -----
From: Tugwell, Todd J CIV USARMY CESAW (USA)
Sent: Friday, October 08, 2021 3:44 PM
To: Davis, Erin B <erin.davis&cdenr.gov>; Wilson, Travis W. <[e-mail]>; Bowers, Todd
<bowers.todd (0epa. gov>
Cc: Dailey, Samantha J CIV USARMY CESAW (USA) <Samantha.J.Dailey(ousace.army.mil>; Browning,
Kimberly D CIV USARMY CESAW (USA) <[e-mail]>; Haywood, Casey M CIV
(USA) <[e-mail]>; Katie Webber <kwebber(a�jres.us>
Subject: SAW-2016-01986 / EBX-Neuse I, LLC / Neu -Con UMBI / Polecat Year 4 Monitoring Report

Good afternoon,
The below referenced Year 4 Monitoring Report review has been requested by EBX-Neuse I, LLC. Per Section
332.8(o)(9) of the 2008 Mitigation Rule, this review follows the streamlined review process, which requires an IRT
review period of 15 calendar days from this email notification. Please provide any comments by 5 PM on the 15-
day comment deadline shown below. When providing comments please indicate if your concerns are great enough
that you intend to request a site visit prior to the credit release. Comments provided after the 15-day comment
deadline (shown below) may not be considered.
At the conclusion of this comment period, a copy of all comments will be provided to EBX-Neuse I, LLC and the
NCIRT along with District Engineer's intent to approve or disapprove this credit release.
Sponsor: EBX-Neuse I, LLC
Name: Neu -Con UMBI / Polecat
USACE ID: SAW-2016-01986
River Basin: Neuse
HUC: 03020201
County: Johnston
YEAR 4 CREDIT RELEASE:
5% of the total stream restoration and enhancement credits: 328.35 stream mitigation units
10% of the total stream restoration and enhancement credits for bankfull verification: 656.70 stream mitigation units
Total Proposed Release is 985.05 stream mitigation units
15-Day Comment Start Date: October 8, 2021
15-Day Comment Deadline: October 23, 2021
45-Day Credit Release Approval Deadline: November 22, 2021
*NOTE: If a site visit is request by the IRT, comments are due 15 days after the site visit is complete and the
approval deadline is 30 days after the site visit.
Link to Polecat Year 4 Monitoring Report can be found on RIBITs in the Cyber Repository for the site:

https://urldefense.com/v3/ https://ribits.ops.usace.anny.mil/ords/f?
n=107:10:2303344102322::::PlO BANK ID:4415 71!HYmSToo1NOV53hLKX2wFG7112nW2FEABEe3E-
kKJepR_dK6GsMX1Rx8YJ w8cWEgxelEhHojyOnoS
Please select the arrow beside Year 4 Monitoring Report to expand the folder and view and/or download the
documents.
Thank you,
Todd Tugwell
Mitigation Project Manager
Wilmington District, US Army Corps of Engineers
3331 Heritage Trade Drive, Suite 105
Wake Forest, North Carolina 27587
[phone]
We would appreciate your feedback on how we are performing our duties. Our automated Customer Service Survey
is located at: https://urldefense.com/v3/_https://re,gulator,Lps.usace.ar=.mil/customer-service-
survey/_:1 ! HYmSToo INOV53hLKX2wFG71pnW2FEABEe3E-
kKJepR_dK6GsMX1Rx8YJ w8cWEgxelEhjIICHaAS
<https://urldefense.com/v3/_https://re,gulatoU.o.ops.usace.army.mil/customer-service-
survey/_: I I HYmSToo INOV53hLKX2wF G71pn W2FEABEe3E-
kKJepR_dK6GsMX1Rx8YJ w8cWEgxelEhjllCHaAS > Thank you for taking the time to visit this site and
complete the survey.