20180179 Ver 1_Mitigation Evaluation_20211216

DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
151 PATTON AVENUE
ROOM 208
ASHEVILLE, NORTH CAROLINA 28801-5006
December 16, 2021
Regulatory Division
Action ID No. SAW-2017-02528
Re: As -Built (MYO) credit release of the WLS Yadkin 01 Umbrella Mitigation Banking
Instrument (UMBI) - Grassy Creek Tributaries Mitigation Site
Mr. Adam McIntyre
Water and Land Solutions
7721 Six Forks Road
Releigh, North Carolina 27615
Dear Mr. McIntyre:
This correspondence is in reference to your modified September 21, 2021 request for the
second (As-Built/MY0) credit release for the Grassy Creek Tributaries Mitigation Site, part of the
WLS Yadkin 01 Umbrella Mitigation Bank. The Grassy Creek Mitigation Site is located
approximately five miles south of the Town of Pilot Mountain in Pinnacle, Surry County, North
Carolina. According to the updated measurements in the As -Built Report, the 13.1-acre project
presents 4,987 warm Stream Mitigation Units (SMU) for stream restoration and enhancement,
along Grassy Creek and its unnamed tributaries in the Upper Yadkin Watershed of the Upper Pee
Dee River Basin (03040101). The purpose of this letter is to confirm the As -Built (MYO) release
of credits for this mitigation site.
Pursuant to the Mitigation Banking Instrument (UMBI) entitled, Agreement to Establish the
WLS Yadkin 01 Umbrella Mitigation Bank, approved January 27, 2020; and the site -specific
Grassy Creek Tributaries Final Mitigation Plan dated September 2019, fifteen percent (15%) of
the mitigation site's total restoration and enhancement credits shall be available for sale
immediately upon completion of required tasks pursuant to the Mitigation Plan.
By copy of this correspondence, we confirm that you have satisfied the above
requirements for As -Built release for all parcels within the bank; and 737.55 SMU's of the
mitigation site's total restoration and enhancement credits are now available for sale. This
includes a 15% release of credits, but with a reduction of credits released due to project
modification as referenced in the As -Built report. The overall reduction in 70 SMU's has a new
project total of 4,987 SMU's and meant that the initial credit release was 10.5 SMU's over what
should have been released. This second release has been modified to subtract 10.5 SMU's from
the 15% or 748.05 that would have been released. This site does not include any wetland or
preservation credits.

During the NCIRT site visit on September 20, 2021, several comments were made by
agency representatives regarding concerns noted with the as -built conditions. Meeting minutes of
this visit (attached) and a modified credit request was provided from WLS by email on
September 23, 2021, as well as a project Addendum uploaded to RIBITs. WLS should address
the areas of concern expressed during this visit and update in future monitoring reports.
Thank you for your time and cooperation. If you have any questions, please contact
Steve Kichefski at [phone] extension 4234 or (828)-933-8032 (mobile).
Sincerely,
for
Scott Jones, Chief
Asheville and Charlotte Regulatory Field Offices
Electronic Copies Furnished (via email):
Erin Davis (NCDWR)
Andrea Leslie (NCWRC)
Travis Wilson (NCWRC)
Byron Hamstead (USFWS)
Todd Bowers (USEPA)
Renee Gledhill -Earley (NCSHPO)
Todd Tugwell (USACE)
Kim Browning (USACE)
Casey Haywood (USACE)
Scott Jones (USACE)

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SOLUTIONS
Meeting Minutes
WLS Yadkin 01 Umbrella Mitigation Bank: Grassy Creek Tributaries Mitigation Project
USACE Action ID#: SAW-2017-02528
Subject: NCIRT Grassy Creek Tributaries As -Built Baseline Site Visit
Date Prepared: September 21", 2021
Meeting Date and Time: September 201", 2021, 10:30 am — 1:00 pm
Meeting Location: 36.319914,-80.463878 Pilot Mountain, NC
Recorded By: Emily Dunnigan
Attendees: USACE: Todd Tugwell, Steve Kichefski, and Casey Haywood
NCDEQ DWR: Erin Davis
WLS: Kayne VanStell, Cara Conder, Daniel Ingram, and Emily Dunnigan
These meeting minutes document notes and discussion points from the North Carolina Interagency
Review Team (NCIRT) As -Built Baseline Site Meeting for the Grassy Creek Tributaries Mitigation Project
(Yadkin River Basin, CU 03040101, Warm Water Thermal Regime). Water & Land Solutions, LLC (WLS)
submitted an As -Built Baseline Monitoring Report on June 23rd, 2021 (revised September 1", 2021) and
the site visit was held on September 201", 2021. The meeting began with a general summary of the
overall project construction and repair. These meeting minutes proceed in order of discussion.
1. Steve Kichefski requested an overview of activities on site. Cara Conder detailed initial project
construction, full monitoring installation, subsequent storm damage prior to as -built survey in May
2020, and redesign and repair of approximately 25% of the project. Kayne VanStell explained that there
were two significant storm events that resulted in close to three inches of rain over a short period of
time. Daniel Ingram explained if vegetation had a few more weeks to establish, storm damage would
have been far less. The repair was slow due to COVID and weather conditions and was finished in April
2021. All the monitoring devices were installed, and planting was completed prior to storm damage in
2020; however, WLS has reinstalled all monitoring devices for 2021.
2. Steve Kichefski asked if there were any changes to veg plot locations. Emily Dunnigan responded that
the veg plots were not moved significantly from original locations.
3. Steve Kichefski asked if fill was brought in to adjust side slopes. Kayne VanStell responded that no fill
was brought in.
waterlandsolutions.com 1 7721 Six Forks Rd, Ste 130, Raleigh, NC 27615 1 919-614-5111

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4. Steve Kichefski asked if topsoil was lost because of the storms. Kayne VanStell responded that a few
inches may have been lost, but there is limited topsoil on this site in general.
5. Erin Davis asked if soil amendments were needed to establish trees and vegetation. Kayne VanStell
responded that Land Quality closed out the project and that ground cover was establishing nicely. WLS
will monitor the tree survival/success.
6. Todd Tugwell asked if there were any credit adjustments/losses because of the repairs. Cara Conder
responded there were some changes in credits and that the credit information was included in the
addendum and letter to Steve. Todd Tugwell stated WLS should use the redesign/repair plan lengths to
calculate credits vs. the as -built lengths. Cara Conder responded that the report the IRT currently has
calculates credits on the repair reaches using as -built length, and WLS will revise/resubmit with repair
plan lengths for R2 and R3.
7. Todd Tugwell asked what repairs were done on R3. Kayne VanStell responded that minor bank
adjustments were completed.
8. Steve Kichefski asked if tree species planted had changed from proposed and noted if there is a
significant difference (20% or more) to get IRT approval before planting future projects. WLS stated
changes in the species list was due to availability, and Steve stated the tree species substitutions on this
project were acceptable. He also asked if planting zones were used on the project, and Emily
Dunnigan/WLS said no due to size of wetlands. Erin Davis also suggested including an alternative
planting list in the mitigation plan for ease of substitutions if needed. In the future WLS will let the IRT
know of significant changes to plant lists.
9. Erin Davis commented to keep an eye on the edges of the easement for encroachment where the
landowner has fields and to further mark the easement if necessary. Emily Dunnigan responded that
WLS already plans on marking the easement more clearly in certain areas and will continue to monitor
the boundary.
10. Erin Davis asked if there were any existing wetlands on site. Kayne VanStell responded that there is a
toe of slope seep on the left floodplain of R3. WLS will update future CCPV maps to show the no credit
wetland areas.
11. Erin Davis was impressed by the herbaceous cover but suggested watching areas where it's dense to
ensure tree survival. Emily Dunnigan responded that areas of dense herbaceous cover would be
monitored closely.
12. R7: Erin Davis liked the gully repair along R7 with coir logs/matting and was happy to see WLS did not
use rock to stabilize the slope. Todd Tugwell asked if live stakes were used on R7 where the herbaceous
cover is dense. Kayne VanStell responded that they were used and pointed out various willow live
waterlandsolutions.com 1 7721 Six Forks Rd, Ste 130, Raleigh, NC 27615 1 919-614-5111

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stakes. Todd Tugwell asked if the side slopes along R7 were planted. Kanye VanStell responded that they
were planted.
13. Erin Davis asked WLS to provide photos prior to the growing season on R7 to see the stream more
clearly. She also suggested using random veg plots in areas of high herbaceous cover to document tree
survival/vigor. Emily Dunnigan stated that pre -growing season photos will be provided in MY2 and WLS
will complete random veg plots when needed.
14.Todd Tugwell stated vegetation along the left floodplain of R2 was struggling, likely due to poor soil
conditions. No remedial action is needed at this time.
15. Steve Kichefski asked if invasive treatments are included in the park project plans. Kayne VanStell
responded yes.
16. Todd Tugwell asked what the restoration approach was on R1. Kayne VanStell responded that it was
PI restoration with step pools.
17. Erin Davis liked the addition of the lower BMP on R1. Todd Tugwell asked if the BMP was designed to
be open water and that he would prefer it to be vegetated. Kayne VanStell answered that the BMP will
likely fill with sediment over time and vegetate with volunteers.
18. Todd Tugwell suggested keeping a close watch on vegetation in manipulated areas. Erin Davis stated
that supplemental planting may be needed and random veg plots, but no actions at this time. Steve
Kichefski suggested watching the bare areas and provide photos in reports to document changes in veg
cover. Emily Dunnigan responded that WLS will monitor the vegetation and provide the requested
photographs in monitoring reports.
19.Todd Tugwell asked if silt fence was used and removed from the project. Kayne VanStell responded
that it was used and removed after ground cover was established.
20. Erin Davis stated that data collection in shaded areas is lacking, and on future projects if planting is
done in these areas to include veg plots to document species and success.
waterlandsolutions.com 1 7721 Six Forks Rd, Ste 130, Raleigh, NC 27615 1 919-614-5111

From: Davis, Erin B
To: Baker, Caroline D
Subject: FW: [External] WLS Yadkin 01 Umbrella Mitigation Bank As -Built (MYO) Credit Release for the Grassy Creek
Tributaries Mitigation Site (SAW-2017-02528)
Date: Tuesday, December 21, 2021 11:08:42 AM
Attachments: SAW-2017-02528 WLSYadkinOlUMB-GrassvCreekTribs AsBuiltCreditRelease.ndf
Laserfiche Upload: Email & Attachment
DWR#: 20180179 v.I
Doc Type: Mitigation Evaluation
-----Original Message -----
From: Kichefski, Steven L CIV USARMY CESAW (USA) [mailto:Steven.L.Kichefski�a)tisace.army.mil]
Sent: Thursday, December 16, 2021 4:55 PM
To: Adam McIntyre <[e-mail]>; Cara Conder <[e-mail]>
Cc: Davis, Erin B <erin.davis(0ncdenr.gov>; Hamstead, Byron A <byron [e-mail]>; Bowers, Todd
<[e-mail]>; Leslie, Andrea J <[e-mail]>; Wilson, Travis W.
<travis.wilson(oncwildlife.org>; Gledhill-earley, Renee <[e-mail]>; Tugwell, Todd J CIV
USARMY CESAW (US)<[e-mail]>; Kim Browning
<[e-mail]>; Haywood, Casey M CIV USARMY CESAW (USA)
<[e-mail]>; Jones, M Scott (Scott) CIV USARMY CESAW (USA)
<Scott. Jones(0usace.army.mil>
Subject: [External] WLS Yadkin 01 Umbrella Mitigation Bank As -Built (MYO) Credit Release for the Grassy Creek
Tributaries Mitigation Site (SAW-2017-02528)
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(ca)mc. go
Adam/Cara,
Please find attached the As -Built (MYO) Credit Release letter for the WLS Yadkin 01 Umbrella Mitigation Bank:
Grassy Creek Tributaries Mitigation Site (SAW-2017-02528). As requested, 15% credit is being released for
satisfying the As -Built (MYO) release requirements pursuant to the Mitigation Banking Instrument (UMBI) entitled,
Agreement to Establish the WLS Yadkin 01 Umbrella Mitigation Bank, signed by USACE on December 18, 2019,
and the Grassy Creek Tributaries Final Mitigation Plan, dated September 2019. In accordance with the plan, the As -
Built modifications and the As -Built addendum, 737.55 stream mitigation units (SMU's) are now available for the
Grassy Creek Tributaries Mitigation Site. Feel free to contact me with any questions.
This electronic copy is your official Department of the Army Notification.
Regards,
Steve Kichefski
Regulatory Project Manager
U.S. Army Corps of Engineers
Wilmington District, Asheville Field Office
151 Patton Avenue, Suite 208
Asheville, NC 28801
(828)-271-7980 Ext. 4234
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