20160980 Ver 1_Mitigation Evaluation_20211207

DEPARTMENT OF THE ARMY
WLMINGTON DISTRICT, CORPS OF ENGINEERS
69 DARLINGTON AVENUE
WLMINGTON, NORTH CAROLINA28403-1343
December 7, 2021
Regulatory Division
Action ID No. SAW-2016-01989
Re: Year 3 Monitoring Report Review and Credit Release associated with Neu -Con
Umbrella Mitigation Bank, Meadow Spring 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,
Meadow Spring Mitigation Site located at 2082 Wilson's Mills Road, in Smithfield,
Johnston County, North Carolina, within 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 3 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 Meadow Spring Final Mitigation Plan (Plan) dated
December2018 and approved February 11, 2019; and the Meadow Spring Mitigation
Site Year 3 Monitoring Report dated September, 2021, 10 percent of the mitigation site's
total stream restoration and enhancement credits and 15% of the site's total wetland
restoration and enhancement credits shall be available for sale provided the Year 3
Monitoring Report demonstrates interim performance standards are being met.
Based on a review of the data provided in the annual monitoring report related to the
stream work, we confirm that you have satisfied the requirements for the Year 3
Monitoring credit release, and 544.0 stream mitigation units (SMUs) are now available for
sale. To date, 3,347.0 SMUs (60% of the total stream restoration and enhancement
credits) have been released for sale. Due to concerns related to the wetlands on the site,
in particular the failure of 4 of 11 gauges to meet the performance criteria for all three
years of monitoring, we are not releasing wetland credits this year. The report stated that

some measures will be taken to address these issues. Please be sure to provide
detailed information about what measures were taken in the next annual report. Also be
aware that we would like to conduct a site visit prior to next year's annual report to
assess the conditions on the site.
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 December 7, 2021
MEMORANDUM FOR RECORD
SUBJECT: Action ID # SAW-2016-01989, NCIRT Review Comments on the Neu -Con
Umbrella Mitigation Bank, Meadow Spring Mitigation Site Year 3 Monitoring Report
Todd Tugwell, USACE:
1. Some of the cross sections (Reach 2 — cross-section 2, Reach S6A — cross-
section 7) show some signs of incision. Were these conditions noted in other
areas than just at the cross -sections? Additionally, it is helpful to have the
locations of all problem areas identified on the map and more clearly addressed
in the report, including photos. Please address stream problem areas in more
detail in subsequent reports and include photographs of the areas in question. If
repairs will be substantial (streambank repairs that exceed 75 linear feet, or the
addition of stabilization structures not included in the final mitigation plan), please
be aware that an Adaptive Management Plan should be submitted prior to
conducting the work.
2. Hydrographs do not show the period where the performance standard was met.
Please include this on subsequent reports.
3. We have concerns regarding the performance of wetlands on the site. Based on
the data and locations of gauges, it appears that these areas may be significant.
We recommend adding gauges to determine the area of concern with more
detail. Based on these concerns, we are not releasing wetland credit this year
and would like to conduct a follow-up site visit prior to next year's release to
evaluate the ditch plugs and other conditions on the site.
Casey Haywood, USACE:
1. What species were planted in the January 2021 supplemental planting? In future
reports please include areas that were supplementally planted on the CCPV.
2. The narrative states that the eroded log sill at cross section 16 will be replaced,
will it be replaced with the same material? Appreciated the photo at XS16.
3. Please identify all repair areas on the CCPV in future reports. It would be helpful
to include photos of MY3 repairs on S2 and S6A in the MY4 report or discuss the
condition of the repair areas in the narrative.
4. Veg plots 2, & 9-11 are dominated by sweetgum and loblolly pine. It will be
important to monitor and/or manage these areas to ensure that the more
desirable species are not outcompeted.
5. It is concerning that wetland gauges 1, 4, 5, & 7 have not met the performance
standard in any of the monitoring years. Besides installing an additional plug to
the ditch near gauge 7, has any other actions been considered for the other 3
gauges not meeting success? It appears that gauge 4 is also adjacent to a ditch,
would this area benefit from adding an additional plug?

-z-
6. Was the precipitation data collected from the airport similar to the rain gauge
onsite? It might be helpful to include the onsite rain gauge data as a separate
table or as a graph.
Erin Davis, NCDWR:
1. Figure 2 CCPV — Moving forward, please show/callout areas of work completed
during monitoring year and proposed for the upcoming year (e.g. S2 — S6A
stream repairs; January 2021 supplemental planting area(s); XS-16 stream
repair; ditch plug construction).
2. What species were installed during the January 2021 supplemental planting
effort?
3. Based on the loblolly volunteers present in veg plot 2 and sweetgum volunteers
in veg plots 9 — 11, is management action being considered?
4. A few supplemental winter photos could be helpful in showing stream features
along the smaller tributaries.
5. Based on the cross-section data, I would watch the aggradation along Reach
S11.
6. What is the distance from the JoCo Airport Station to the project site?
7. At this point DWR would consider GW1, GW4, GW5 and GW7 as potentially "at
risk". I'm glad that an adaptive management action has been developed for the
GW7 wetland area. Please provide more information on the proposed ditch plug
installation. How long will the plug be? Has the fill material source been
identified? What is the total area of disturbance? Will all disturbed areas be
reseeded and planted? Also, have any adaptive management or additional data
collection (e.g. soil samples, supplemental wells) options been considered for the
other three wetland credit areas around the wells not yet meeting the project
performance standard?
Todd Tugwell
Mitigation Project Manager
Regulatory Division

From: Davis, Erin B
To: Baker, Caroline D
Subject: FW: [External] RE: RS Neu -Con UMB, Meadow Spring Site (SAW-2016-01989) Year 3 Annual Monitoring Report
Review and Credit Release Request
Date: Monday, December 13, 2021 7:39:58 AM
Attachments: 2016-01989 Meadow SDrinae Year 3 Monitorina Credit Release.Ddf
Laserfiche Upload: Email & Attachment
DWR#: 20160980 v.I
Doc Type: Mitigation Evaluation
-----Original Message -----
From: Tugwell, Todd J CIV USARMY CESAW (USA) [mailto:Todd.J.Tu,gwell�a)usace.armv.mil]
Sent: Tuesday, December 7, 2021 11:40 AM
To: Ryan Medric <[e-mail]>; Katie Webber <kwebber@res_us>; Daniel Ramsay <dramsay(aajres_us>; Brad
Breslow <[e-mail]>
Cc: Kim Browning <Kimberly.D.Browning(ousace.army.mil>; Haywood, Casey M CIV USARMY CESAW
(USA) <Casey.M.Haywood(ousace.army.mil>; Merritt, Katie <[e-mail]>; Davis, Erin B
<erin.davis(0ncdenr.gov>; Wilson, Travis W. <[e-mail]>; Bowers, Todd
<[e-mail]>; kathryn [e-mail]
Subject: [External] RE: RS Neu -Con UMB, Meadow Spring Site (SAW-2016-01989) Year 3 Annual Monitoring
Report Review and Credit Release Request
CAUTION: External email. Do not click links or open attachments unless you verify. Send all suspicious email as
an attachment to Report Spam. <mailto:report.spam(q_)ac. go
Good afternoon,
Please find attached the Year 3 monitoring report comments and credit release for the EBX, Neuse I, LLC -
Meadow Spring Mitigation Project. Please note that we are not releasing wetland credits on this project this year
due to on -going concerns with the performance of the wetland areas on site.
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://re ug latory.ops.usace.armv.mil/customer-service-
survey/_: ! ! IlYmSToo I L Gsdp6t 1 thbX
uADPuMRLGuwtkHhOaU8egn_WhaBTzwwVgnhFd2b5TeRpBp1PUKJ6za$ 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: Tuesday, October 26, 2021 3:39 PM
To: Davis, Erin B <erin.davis&cdenr.gov>; Wilson, Travis W. <[e-mail]>; Bowers, Todd
<[e-mail]>; Kathryn Matthews <Kathryn [e-mail]>

Cc: Browning, Kimberly D CIV USARMY CESAW (USA) <Kimberly.D.Browning(ousace_army.mil>; Haywood,
Casey M CIV (USA) <Casey.M.Haywood(ousace.army.mil>; Katie Merritt <katie.merritt&cdenr.gov>; Ryan
Medric <rmedric(aajres.us>; Katie Webber <kwebber(a�jres.us>; Brad Breslow <bbreslow(a�jres.us>; Daniel Ramsay
<dramsay(a�jres.us>
Subject: RS Neu -Con UMB, Meadow Spring Site (SAW-2016-01989) Year 3 Annual Monitoring Report Review
and Credit Release Request
Good afternoon,
The below reference bank Sponsor has submitted an Annual Monitoring Report for NCIRT review, and is
requesting a release of credits. The Annual Monitoring Report has been posted to the RIBITS Cyber Repository for
the bank site (see link and instructions provided below). If you are unable to access the document or prefer to have
a hard copy mailed to you, please let me know as soon as possible, and I will arrange to get you a copy of the report.
This review will follow the process outline for Credit Release Approval in the 2008 Mitigation Rule (Section
332.8(o)(9)), which requires an IRT review period of 15 calendar days from the date of this email notification.
Please provide any comments by 5 PM on the 15-day comment deadline shown below. Comments provided after
the 15-day comment deadline may not be considered. If you would like to request a site visit prior to submitting
comments, please notify me as soon as possible but prior to the 15-day comment due date. If a site visit is required,
the due date for IRT comments will be extended to 15 days after the date of site visit. Once I have received a
request for a site visit, I will coordinate with the IRT and Sponsor to arrange for the on -site meeting; however,
please note that due to workload it may take a month or longer to arrange the meeting. Within 30 days of the
conclusion of the IRT review period (comment deadline), a copy of all comments will be provided to the bank
Sponsor and the IRT along with District Engineer's intent to approve or disapprove this credit release.
Sponsor: EBX-Neuse I, LLC (RES)
Bank Name: RES Neu -Con Umbrella Mitigation Bank
Site Name: Meadow Spring
USACE ID: SAW-2016-01989
River Basin: Neuse
HUC: 03020201
County: Johnston
Requested Credit Release: Year 3 Annual Monitoring
10% of the total stream restoration and/or enhancement credits: 544.0 Warm Water Stream Credits
15% of the total wetland restoration and/or enhancement credits: 2.16 Riparian Wetland Credits

15-Day Comment Start Date: October 26, 2021
15-Day Comment Deadline: November 10, 2021
45-Day Credit Release Approval Deadline: December 10, 2021
NOTE: Deadlines will be extended if an on -site meeting is requested.
Please be sure to log on to RIBITS before following the link below. Once in the Cyber Repository, select the arrow
beside appropriate folder to view and/or download the documents.
Cyber Repository Link: https://urldefense.com/v3/_https://ribits.ops.usace.armv.mil/ords/P
12=107:10:14714630509300::::PIO BANK IDA414_:IIHYmSToolLGsdp6tlthbX-
uADPuMRL GuwfkHhOaU8egn_WhaBTzwwV gnhFd2b5TeRpBp 1 ttluwe4$
Thank you and please contact me with 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://re,gulatoU.o.ops.usace.armv.mil/customer-service-
survey/_: ! ! HYmSToo I L Gsdp6t lthbX_
uADPuMRL GuwfkHhOaU8e gn_WhaBTzww V gnhF d2b5 TeRpBp 1 PUKJ6z a$
<https://urldefense.com/v3/_https://re,gulatoU.o.ops.usace.armv.mil/customer-service-
survey/_: I I HYm SToo I L Gsdp6t 1 thbX-
uADPuMRLGuwfkHhOaU8egn_ WhaBTzwwVgnhFd2b5TeRpBp1PUKJ6zg$ > Thank you for taking the time to
visit this site and complete the survey.
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 u, latory.ops.usace.armv.mil/customer-service-
survey/_: ! ! HYm SToo! L Gsdp6t 1 thbX
uADPuMRLGuwfkHhOaU8egn_WhaBTzwwVgnhFd2b5TeRpBp 1 PUKJ6zg$
<https://urldefense.com/v3/_https://regulatory.ops.usace.armv.mil/customer-service-
survey/_: ! ! HYmSToo! L Gsdp6tlthbX-
uADPuMRLGuwfkHhOaU8egn_ WhaBTzwwVgnhFd2b5TeRpBp1PUKJ6zg$ > Thank you for taking the time to
visit this site and complete the survey.