20160849 Ver 1_Mitigation Information_20220517

From: Davis, Erin B
To: Baker. Caroline D
Subject: FW: [External] Notice of As -Built Review & CE Modification/ WLS Upper Rocky UMB - Upper Rocky Mitigation
Site/ SAW-2015-01816/ Mecklenburg Co.
Date: Wednesday, May 18, 2022 1:08:01 PM
Attachments: UDDer Rocky - Easement MaD.Ddf
UDDer Rockv Task 2 Letter.Ddf
Laserfiche Upload: Email & Attachments
DWR#: 20160849 v.1
Doc Type: Mitigation Information
From: Browning, Kimberly D CIV USARMY CESAW (USA) <[e-mail]>
Sent: Tuesday, May 17, 2022 1:44 PM
To: Tugwell, Todd J CIV USARMY CESAW (US) <[e-mail]>; Haywood, Casey M
CIV USARMY CESAW (USA) <[e-mail]>; Davis, Erin B
<[e-mail]>; Wilson, Travis W. <[e-mail]>; Munzer, Olivia
<[e-mail]>; Merritt, Katie <[e-mail]>; Hamstead, Byron A
<byron—[e-mail]>; Bowers, Todd <[e-mail]>
Cc: Crumbley, Tyler A CIV USARMY CESAW (USA) <[e-mail]>; Fennel,
Tommy E CIV USARMY CESAW (USA)<[e-mail]>; Cara Conder
<[e-mail]>; [e-mail]
Subject: [External] Notice of As -Built Review & CE Modification/ WLS Upper Rocky UMB - Upper
Rocky Mitigation Site/ SAW-2015-01816/ Mecklenburg Co.
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Good afternoon IRT,
I received an As -Built package for the WLS Upper Rocky Umbrella Mitigation Bank (SAW-2015-01816).
Attached is a credit release letter requesting 15% of the total stream and wetland credits, and a
modification request of assets. The total stream assets were adjusted due to an amended conservation
easement to remove a culvert headwall installed by the adjacent subdivision/developer from the easement
boundary (R2). There were no modifications to wetland assets. There were also easement amendments
related to construction of the greenway trail and a utility line. Details of the easement amendments are in
the attached Task 2 Letter. A figure showing the amended conservation easement boundary is also
included. Per Section 332.8(g)(2) of the 2008 Mitigation Rule, the streamlined review process for
modifications requires an IRT review period of 30 days. Please provide comments by June 17, 2022.
Comments provided after the 30-day comment deadline may not be considered. At the conclusion of this
comment period, a copy of all comments will be provided to the Sponsor and the NCIRT along with District
Engineer's intent to approve or disapprove this modification. This notification will be followed by a 15-day
Dispute Resolution Period. Project information and IRT review deadlines are provided below:
Sponsor: Water & Land Solutions
Name: Upper Rocky UMB— Upper Rocky Mitigation Site

USACE ID:
SAW-2015-01816
River Basin:
Upper Yadkin
H U C:
03040105
County:
Mecklenburg
30 Day Comment Start: May 18, 2022
30 Day Comment Deadline: June 17, 2022
60 Day DE Decision: July 17, 2022
As -Built Field Site Visit: June 8, 2022 at 10:15 am (35.4662291,-80.8239813)
The total amended stream credits for the site are 9,001 stream credits (the approved mitigation plan
credits were 9,005 SMUs), and 9.07 riparian wetland credits. The As -Built Implementation Credit
Release would entail 15-percent of the total stream and wetland restoration and enhancement
credits: 1349.55 stream mitigation units and 1.286 wetland mitigation units.
Release
Released Credits
Amended Release
Delta
1st Release
1350.75 SMUs
1350.15 SMUs
-0.60 SMUs
1.786 WMUs
1.786 WMUs
0 WMUs
2nd Release
None
1350.15 SMUs
1.286 WMUs
Credits to withheld
0.060 SMUs
from As -Built Release
As -Built Release
1,349.55 SMUs
Amount
1.286 WMUs
Link to WLS Upper Rocky As -Built Report on RIBITs, under As -Built Monitoring Report (MYO):
https://ribits.ops.usace.army.mil/ords/f?p=107:278:3883693779747:::RP.278:P278_BANK_ID:4396
Please reach out with any questions, and feel free to forward any comments/concerns to me that
you may have if you are not able to attend the site visit.
As always, thank you for your participation.
Regards,
Kim
Kim (Browning) Isenhour
Mitigation Project Manager, Regulatory Division I U.S. Army Corps of Engineers 1 919.946.5107

WATER & LAND
SOLUTIONS
EMPOWERING PEOPLE.
RESTORING THE ENVIRONMENT,
May 11, 2022
US Army Corps of Engineers: Wilmington District
Raleigh Regulatory Field Office
Attn: Kim Browning
3331 Heritage Trade Drive, Suite 105
Wake Forest, NC 27587
RE: Upper Rocky Mitigation Project SAW #2015-01816 — Second Credit Release Request (As -
Built Baseline Report/Construction Completion) and Modification of Assets Request
Dear Ms. Browning:
Water & Land Solutions (WLS) respectfully requests the second credit release on the Upper
Rocky Mitigation Project for 15% of the total stream and wetland credits (non -preservation), and
a Modification Request of assets. The second credit release amount would be 1,349.55 stream
credits and 1.286 riparian wetland credits (0.50 wetland preservation credits released at Task 1).
The stream amounts account for adjusting the stream assets due to an amended conservation
easement to remove a culvert headwall installed by subdivision/developer from the conservation
easement boundary (R2). There were no modifications to wetland assets.
The total amended stream credits for the site are 9,001 stream credits and 9.07 riparian wetland
credits (no change in wetland). The second release based on the revised total would be 1,350.15
stream credits and 1.286 riparian wetland credits. WLS received a credit release of 1,350.75
stream credits and 1.786 riparian wetland credits for the first release, which is 0.60 stream credits
over the modified total and has been deducted from this second credit release amount. The
following tables show the mitigation plan credits vs. as -built credits for amending R2, and the
calculations for the second credit release.
Miti ation Plan SMCs
Modified SMCs
Net Difference
9,005
9,001
-4
Water & Land Solutions, L.L.0
[phone] • [e-mail]
7721 Six Forks Road, Suite 130, Raleigh, NC 27615, United States
www.wateriandsolutions.com

WATER & LAND
SOLUTIONS
EMPOWERING PEOPLE.
RESTORING THE ENVIRONMENT,
Release
Actual Credits Released
Amended Release
Delta
Amount
1 st Release
1,350.75 SMCs
1,350.15 SMCs
-0.60 SMCs
1.786 WMCs
1.786 WMCs
0 WMCs
2nd Release
None
1,350.15 SMCs
n/a
1.286 WMCs
Credits to be withheld
from Task 2 Release
0.60 SMCs
Task 2 Credit Release Amount
1,349.55 SMCs
1.286 WMCs
Below is a summary of the easement amendments related to the greenway trail, as well as
additional changes for the benefit of the project and minimizing future easement encroachments.
A figure showing the amended conservation easement boundary is included with this letter. This
is the same boundary as used in the as -built report and record drawings. The amended easement
acreage is 42.68 acres.
• Remove greenway trail from conservation easement (generally a 30-ft wide corridor) per
previous approval/discussions.
• Remove upper R2 from conservation easement. This is a non -creditable section and since
2016 a powerline has been installed through the easement. This is also at the very front of the
neighborhood and the developer installed an entrance sign partially in the easement.
• Amend easement below subdivision culvert on R2 due to subdivision sign in the easement,
sidewalk, and remove culvert headwall from easement. This affected the stream credits on
R2.
• Remove the two easement "islands" to the east of the greenway trail furthest from the
mitigation project. These islands are created from removing the greenway trail from the
easement and a sewer line easement. This easement was finalized in 2016 when WLS
thought the greenway trail would remain in the conservation easement. These two small
easement areas provide no mitigation or ecological benefit.
The following items have been completed regarding completion of Task 2: site earthwork, site
planting, installation of monitoring devices, As -Built Baseline (MYO) Report and Drawings, and
the monitoring financial assurance (casualty insurance policy) is active. There were no deviations
to the design plans that would affect credits as noted in the as -built report, except the reduction
in R2 credits due to amended conservation easement. There was survey issue from the contractor
that caused reach R5 to be horizontally shifted, but the design did not deviate — see letter from
North State Environmental in Appendix G. The easement amendment decreased overall stream
Water & Land Solutions, L.L.0
[phone] • [e-mail]
7721 Six Forks Road, Suite 130, Raleigh, NC 27615, United States
www.wateriandsolutions.com

WATER & LAND
SOLUTIONS
EMPOWERING PEOPLE.
RESTORING THE ENVIRONMENT,
credits by 4 credits as compared to the Mitigation Plan credits (9,005 stream credits). Also
included in this letter is the revised bank credit release schedule per the USACE-Wilmington
template and the most current WLS stream and wetland credit ledgers If you need any additional
information, please contact me directly.
Sincerely,
C' �-' � /� L'/�?' - i -, —
Sr. Project Manager
Mobile Phone: [phone]
Email: cara(a�waterlandsolutions.com
Water & Land Solutions, L.L.0
[phone] • [e-mail]
7721 Six Forks Road, Suite 130, Raleigh, NC 27615, United States
www.wateriandsolutions.com