20081143 Ver 1_Year 3 credit release letter_20131218

. DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
69 DARLINGTON AVENUE
WILMINGTON, NORTH CAROLINA 28403 -1343
December 16, 2013
Regulatory Division/1200A
Action ID ID: SAW- 2007 -01188
Ms. Tara Disy Allden
Restoration Systems, LLC
1101 Haynes Street, Suite 211
Raleigh, North Carolina 27604
Dear Ms. Allden: .
RECEIVED
i 'd.0 -Dept. of ENR
DEC 1 9 2013
Winston -Salem
This correspondence is in reference to the Cripple Creek Stream and Wetland Mitigation
Bank you are developing located east of Roney - Lineberry Road, north of Woodbrooke Drive,
south of Deep Creek Church Road and west of North Fonville Road, in northeast Alamance
County, North Carolina, within the Cape Fear River Basin, Hydrologic Unit Code (HUC)
03030002. The purpose of this letter, is to confirm the release of credits from this Bank upon
completion of Task 5 (3rd Year Monitoring), as described in General Provision 19, of the
Mitigation Banking Instrument (MBI) for this project.
Pursuant to the Mitigation Banking Instrument (MBI) entitled, Cripple Creek Stream and
Wetland Mitigation Bank, dated December 1, 2009, ten percent (10 %) of the Bank's total
restoration credits shall be available for sale immediately upon completion of all of the
following:
a. Submission of the 3rd year monitoring report
b. Sponsor documents acceptable survival and growth of planted vegetation, and
attainment of acceptable wetland hydrology as described under the success criteria in the
monitoring section of the mitigation plan.
The Year 3 Annual Monitoring Report for the Cripple Creek Mitigation Bank was
submitted on October 10, 2013, and a site inspection of the Bank was conducted on November
12, 2013. The report indicated that all six (6) groundwater gauges were operational through the
year and met the success criteria.
The report and site inspection also revealed that the planted vegetation plots did not meet
the established success criteria. Specifically, the report indicates that Liquidambar styraciflua
(Sweetgum) comprises 20.4% of the total composition of the eleven (11) sample vegetation
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plots. Section 6.2 of the Mitigation Plan states, no single volunteer species (most notably red
maple, loblolly pine and sweet gum) will comprise more than 20% of the total composition at
years 3, 5, or 7. As such, the vegetative success criteria have not been achieved.
As the.total composition of sweetgum exceeds the success criteria by 0.4 %, you should
immediately submit remedial procedures as required by the Mitigation Plan. Since the success
criteria was exceeded by less than one (1) percentage, credits will be release as stated below, but
no additional credits will be released until the success criteria is met.
By copy of this correspondence, we confirm that you have satisfied the above requirements
and 448.7 linear feet of stream mitigation credits (SMCs), 0.64 riparian wetland mitigation
credits (rWMCs) and 0.145 non - riparian wetland mitigation credits (nrWMCs) constituting 10%
of the Bank's total restoration credits are now available for sale. To date, 60 percent of the total
credits (2692.2 SMCs, 3.84 rWMCs and 0.87 nrWMCs) have been released. Our records indicate
that 2243.5 SMCs, 2.95 rWMCs and 0.58 nrWMCs have been debited from the Bank.
Therefore, the current total amount of credits available is 448.7 SMCs, 0.89 rWMCs and 0.29
nrWMCs. Please confirm all of these totals on your mitigation bank ledger.
Thank you for your time and cooperation. If you have any questions, please contact
Andrew Williams at the Raleigh Regulatory Field Office, telephone [phone], extension 26.
DISTRIBUTION:
Mr. Todd Allen Bowers
US EPA Region 4
Wetlands Regulatory Section
Sam Nunn Atlanta Federal Center
61 Forsyth Street, SW
Atlanta, GA 30303 -8960
Sincerely,
,�V/J l n . Gibby 1
Chief, Raleigh Regulatory
Field Office

G'� 5
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Mr. Tony Able
Section Chief
Wetlands Regulatory Section
USEPA — Region 4
Sam Nunn Atlanta Federal Center
61 Forsyth Street, SW
Atlanta Georgia 30303 -8960
Mr. Pete Benjamin
U.S. Fish and Wildlife Service
Raleigh Ecological Service Field Office
Post Office Box 33726
Raleigh North Carolina 27636 -3726
Mr. Fritz Rohde
Habitat Conservation Division
National Marine Fisheries Service
101 Pivers Island Road
Beaufort, North Carolina 28516
Ms. Sue Homewood
North Carolina Department of Natural Resources
Division of Water Quality
585 Waughtown Street
Winston - Salem, NC 27107
Ms. Shari Bryant
N.C. Wildlife Resources Commission
Post Office Box 129
Sedalia, North Carolina 27342 -0129
Mr. Todd Tugwell
Regulatory Project Manager
U.S. Army Corps of Engineers
11405 Falls of Neuse Road
Wake Forest, North Carolina 27587