20171605 Ver 1_Mitigation Evaluation_20220413

From: Davis, Erin B
To: Baker, Caroline D
Subject: FW: [External] Daniels Creek Mitigation Site (SAW-2017-00998) MY1 Credit Release
Date: Friday, April 29, 2022 9:46:08 AM
Attachments: Daniels Creek MY1 Credit Release Letter.Ddf
Laserfiche Upload: Email & Attachment
DWR#: 20171605 v.1
Doc Type: Mitigation Evaluation
From: Jessop, Jordan E CIV USARMY CESAW (USA)<[e-mail]>
Sent: Wednesday, April 13, 2022 3:03 PM
To: Chris Roessler <[e-mail]>
Cc: Bowers, Todd <[e-mail]>; [e-mail]; Wilson, Travis W.
<[e-mail]>; Dunn, Maria T. <[e-mail]>; Twyla Cheatwood -
NOAA Federal <[e-mail]>; Davis, Erin B <[e-mail]>; Borgardt,
Devon L <[e-mail]>; Lambert, Lynn <[e-mail]>; Turlington, Chad
<[e-mail]>; Hair, Sarah E CIV USARMY CESAW (USA)
<[e-mail]>; Mickey Sugg <[e-mail]>
Subject: [External] Daniels Creek Mitigation Site (SAW-2017-00998) MY1 Credit Release
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Good afternoon Mr. Roessler,
Please see the attached credit release letter for Daniels Creek Mitigation Site (SAW-2017-00998).
No hardcopies will be mailed. Please let me know if you have any questions.
Sincerely,
Jordan

DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
69 DARLINGTON AVENUE
WILMINGTON, NORTH CAROLINA 28403-1343
April 13, 2022
Regulatory Division
SUBJECT: Review of Year 1 Annual Monitoring Report and Scheduled Credit Release
for Daniels Creek Mitigation Site (SAW-2017-00998)
Mr. Chris Roessler
Wildlands Engineering Inc.
312 West Millbrook Road, Suite 225
Raleigh, North Carolina 27609
Dear Mr. Roessler:
This correspondence is in reference to the Monitoring Year 1 Report received on
February 8, 2022, for the Daniels Creek Mitigation Site, part of the Middle Cape Fear
Umbrella Mitigation Bank. The 56.144-acre site is located in the Cape Fear 04
(03030004) in Harnett County near the town of Broadway, North Carolina. The purpose
of this letter is to provide comments on the report and to confirm the release of credits
from the Bank pursuant to the completion the required tasks, as described in Section
VII, of the Mitigation Banking Instrument (MBI) for this project. Reference should also be
made to our March 15, 2022, onsite inspection with Mr. Jason Lorch and Mr. Chris
Roessler of Wildlands Engineering Inc., along with Mr. Mickey Sugg.
Based on the site inspection and review of the Year 1 Monitoring Report, we have
identified a couple of issues associated with the performance of the bank. Specifically,
only 5 of the 18 wetland groundwater gauges met the hydroperiod success criteria (13%
or 35 consecutive days) of the growing season under normal conditions. It is worth
noting that the wells were installed late (3/27/21, 4/6/21, 7/16/21, 9/15/21), and separate
non -normal high and low precipitation conditions were experienced during the
abbreviated monitoring period. Based on these factors, the monitoring year 1 data for
the hydroperiod success criteria is inconclusive to determine if success criteria were
achieved. Also as noted in the monitoring report, a 98-linear foot section of T1 R4 was
repaired in October 2021 to fix bank erosion and unstable log sills. We recommend that
these areas be reviewed regularly this year to ensure that no problems arise from the
new work. Additionally, 4 of the 45 vegetation plots are not meeting the stem density
success criteria of 320 stems/acre for the first year. It should be noted that vegetation
planting occurred in March 2021, which is during the latter part of ideal planting periods.
This may be the cause of the mortality. Some of areas also appear to coincide with the
dominance of coastal bermudagrass. As explained during our meeting, areas with this
species encroachment will be receiving chemical treatment. During the discussion, it

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was requested that future monitoring reports include the initial planted tree counts in the
vegetation plot tables, to improve clarity and to help verify demonstrated mortality for
the purpose of assessing performance.
In regard to the constructed stream channels, our office has determined that success
criteria have been met for the first year. This determination is based on the findings
disclosed in the monitoring report and on observations made during our onsite
inspection.
With regard to the annual credit release, depicted in the updated credit tables in the
Mitigation Plan, entitled, "Daniels Creek Mitigation Site, Appendix 9" in Harnett County,
updated August 2021 (attached), the tables stipulate ten percent (10%) of the bank's
total stream credits, ten percent (10%) of the bank's total riparian wetland credits, and
ten percent (10%) of the bank's non -riparian wetland credits are eligible for release
provided stream channels are stable, wetlands meet the hydroperiod standards, and all
other success measures are met. For the reasons described above, all riparian (1.392)
and non -riparian (0.039) wetland credits will be withheld and 2% of the scheduled 10%
release amount (216 linear feet of credits) of the 1,202.4 stream mitigation credits will
be withheld at this time. All withheld credits may be reconsidered for release contingent
on future findings.
As of the date of this correspondence, a total of 986 stream mitigation credits have
been released. Please confirm the totals on your mitigation bank ledger and provide us
with a copy of your up-to-date ledger.
The release of additional credits will be contingent on the review of the subsequent
monitoring reports by the Interagency Review Team and our office. Please be reminded
that all annual monitoring reports, as stated in the August 2019 final mitigation plan,
must be submitted to our office no later than April 1 of each year.
Thank you for your prompt attention to this matter. If you have any questions, please
do not hesitate to contact me at the Wilmington Regulatory Field Office, telephone (910)
251-4810, or Jordan.E. [e-mail].
Sincerely,
Jordan Jessop
Regulatory Project Manager

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Copies furnished:
Mr. Todd Bowers
U.S. Environmental Protection Agency
Wetland Section- Region 4
61 Forsyth Street, S.W.
Atlanta, Georgia 30303-8960
Ms. Kathy Matthews
U.S. Fish and Wildlife Service
[e-mail]
Mr. Travis Wilson
North Carolina Wildlife Resource
Commission
[e-mail]
Ms. Maria Dunn
North Carolina Wildlife Resources Commission
[e-mail]
Ms. Twyla Cheatwood
NOAA Fisheries
[e-mail]
Ms. Erin Davis
North Carolina Division of Water Resources
[e-mail]
Devon Borgardt
NC State Historic Preservation Office
Devon. [e-mail]
Lynn Lambert
Natural Resources Director/Conservation Education Coordinator
[e-mail]
Chad Turlington
North Carolina Division of Water Resources
[e-mail]

1.0 Credit Release Schedule
All credit releases will be based on the total credit generated as reported by the as -built survey of the
mitigation site. Under no circumstances shall any mitigation project be debited until the necessary DA
authorization has been received for its construction or the District Engineer (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 DE, in consultation with the Interagency Review Team (IRT), will determine if
performance standards have been satisfied sufficiently to meet the requirements of the release
schedules below. In cases where some performance standards have not been met, credits may still be
released depending on the specifics of the case. Monitoring may be required to restart or be extended,
depending on the extent to which the site fails to meet the specified performance standard. The release
of project credits will be subject to the criteria described as follows:
Riparian Wetlands Credit Release Schedule
Daniels Creek Mitigation Site
Riparian Wetlands Credit Release Schedule
Credit
Release
Interim
Milestone
Credit Release Activity
Release
Total Released
1
Site Establishment
15%/ 2.080
15%/ 2.080
2
Completion of an initial physical and biological
15%/ 2.097
30%/ 4.177
improvements made pursuant to the Mitigation Plan
3
First year monitoring report demonstrates interim
10%/ 1.392
40%/ 5.569
performance standards are being met
4
Second year monitoring report demonstrates interim
10%/ 1.392
50%/ 6.961
performance standards are being met
5
Third year monitoring report demonstrates interim
15%/ 2.088
65%/ 9.049
performance standards are being met
6*
Fourth year monitoring report demonstrates interim
o
5/ / 0.696
0
70/ / 9.745
performance standards are being met
7
Fifth year monitoring report demonstrates interim
15%/ 2.089
85%/ 11.834
performance standards are being met
8*
Sixth year monitoring report demonstrates interim
5%/ 0.696
90%/ 12.530
performance standards are being met
9
Seventh year monitoring report demonstrates
10%/ 1.393
100%/ 13.923
performance standards have been met
*Please note that vegetation plot data may not be required with monitoring reports submitting during these
monitoring years unless otherwise required by the Mitigation Plan or directed by the USACE in consultation with
the IRT.
Daniels Creek Mitigation Site Appendix 9
USACE Action ID No. SAW-2017-00998 Page 1 updated August 2021

Non -Riparian Wetlands Credit Release Schedule
Daniels Creek Mitigation Site
Non -Riparian Wetlands Credit Release Schedule
Credit
Release
Interim
Total
Milestone
Credit Release Activity
Release
Released
1
Site Establishment
15% / 0.059
15% / 0.059
2
Completion of an initial physical and biological
o
15/ / 0.059
0
30/ / 0.118
improvements made pursuant to the Mitigation Plan
3
First year monitoring report demonstrates interim
10%/ 0.039
40%/ 0.157
performance standards are being met
4
Second year monitoring report demonstrates interim
10%/ 0.039
50%/ 0.196
performance standards are being met
5
Third year monitoring report demonstrates interim
15% / 0.059
65% / 0.255
performance standards are being met
6*
Fourth year monitoring report demonstrates interim
5% / 0.020
70%/ 0.275
performance standards are being met
7
Fifth year monitoring report demonstrates interim
15%/ 0.059
85%/ 0.334
performance standards are being met
8*
Sixth year monitoring report demonstrates interim
o
5/ / 0.020
0
90/ / 0.354
performance standards are being met
9
Seventh year monitoring report demonstrates
10%/ 0.038
100%/ 0.392
performance standards have been met
*Please note that vegetation plot data may not be required with monitoring reports submitting during these
monitoring years unless otherwise required by the Mitigation Plan or directed by the USACE in consultation with
the IRT.
Daniels Creek Mitigation Site Appendix 9
USACE Action ID No. SAW-2017-00998 Page 2 updated August 2021

Stream Credit Release Schedule
Daniels Creek Mitigation Site
Stream Credit Release Schedule
Credit
Release
Interim
Milestone
Credit Release Activity
Release
Total Released
1
Site Establishment
15%/ 1,842
15%/ 1,842
2
Completion of all initial physical and biological
o
15/ / 1765.2
0
30/ / 3,607.2
improvements made pursuant to the Mitigation Plan
3
First year monitoring report demonstrates performance
10%/ 1,202.4
40% / 4,809.6
standards are being met
4
Second year monitoring report demonstrates
10%/ 1,202.4
50%/ 6,012
performance standards are being met
5
Third year monitoring report demonstrates
10%/ 1,202.4
60%/ 7,214.4
performance standards are being met
6*
Fourth year monitoring report demonstrates
5% / 601.2
65% (75%) /
performance standards are being met
7,815.6 (9,018')
Fifth year monitoring report demonstrates performance
75% (85%*) /
7
standards are being met and project has received
10%/ 1,202.4
closeout approval
9,018 (10,220.4')
Sixth year monitoring report demonstrates
80% (90%) /
8
performance standards are being met
5/ o / 601.2
9619.2 (10,821.6')
Seventh year monitoring report demonstrates
90% (100%.) /
9
performance standards are being met and project has
10%/ 1,202.4
received closeout approval
10,821.6 (12,024')
t 10% of credits will be reserved for the site that can be subsequently released after four bankfull events have
occurred in separate monitoring years, provided that the channel is stable and all other performance standards are
being met.
1.1 Initial Allocation of Released Credits
The initial allocation of released credits is defined as Bank Establishment in the 2013 Wilmington District
credit release schedule guidance document. The initial allocation can be released without prior written
approval of the DE upon satisfactory completion of the following activities:
a. Execution of the UMBI by the Sponsor and the USACE
b. Approval of the Final Mitigation Plan
c. Recordation of the conservation easement, as well as delivery of a title opinion that is
acceptable to the USACE.
d. Delivery of the financial assurances described in the Mitigation Plan.
e. 404 permit verification for construction of the site, if required.
Daniels Creek Mitigation Site Appendix 9
USACE Action ID No. SAW-2017-00998 Page 3 updated August 2021

1.2 Subsequent Credit Releases
All subsequent credit releases must be approved by the DE, in consultation with the IRT, based on a
determination that required performance standards have been achieved. For stream projects, a reserve
of 10% of a site's total stream credits shall be released after four bankfull events have occurred in separate
years, provided the channel is stable and all other performance standards are met. In the event that less
than four bankfull events occur during the monitoring period, release of these reserve credits shall be at
the discretion of the IRT. As projects approach milestones associated with the credit release, Wildlands
will submit a request for credit release to the DE along with documentation substantiating achievement
of criteria required for release to occur. This documentation will be included with the annual monitoring
report.
Daniels Creek Mitigation Site Appendix 9
USACE Action ID No. SAW-2017-00998 Page 4 updated August 2021