20160849 Ver 1_Mitigation Information_20220711

From: Davis. Erin B
To: Baker, Caroline D
Subject: FW: [External] CE Modification/ WLS Upper Rocky UMB - Upper Rocky Mitigation Site/ SAW-2015-01816/ Mecklenburg Co.
Date: Thursday, July 14, 2022 12:05:19 PM
Attachments: Easement Amendment Uooer Rocky SAW-2015-01816.odf
Laserfiche Upload: Email & Attachment
DWR#: 20160849 v.l
Doc Type: Mitigation Information
-----Original Message -----
From: Browning, Kimberly D CN USARMY CESAW (USA) <[e-mail]>
Sent: Monday, July 11, 2022 2:06 PM
To: Cara Condor <[e-mail]>
Cc: Crumbly, Tyler A CN USARMY CESAW (USA) Q'[e-mail]>; Fennel, Tommy E CN USARMY CESAW (USA) <Tom [e-mail]>;
[e-mail]; Tugwell, Todd J CN USARMY CESAW (US) Q'[e-mail]>; Davis, Erin B <[e-mail]>; Wilson, Travis W.
<[e-mail]>; Munzer, Olivia <[e-mail]>; Merritt, Katie <katie.merritt@pcd® .gov>; Hamstead, Byron A <[e-mail]>; Bowers, Todd
<[e-mail]>
Subject: [External] CE Modification/ WLS Upper Rocky UMB - Upper Rocky Mitigation Site/ SAW-2015-01816/ Mecklenburg Co.
CAUTION: External email. Do not click links or upon attachments unless you verify. Send all suspicious email as an attachment to Report Spam <mailtn:relLrt si amnnc_truy>
Hi Cara,
Please see attached correspondence regarding the conservation easement amendment to the Upper Rocky Mitigation Bank. The IRT did not have my objections to the proposed easement amendment.
Please reach out with any questions.
Sponsor:
Water & Land Solutions (Cara Condor)
Name:
Upper Rocky UMB - Upper Rocky Mitigation Site
USACEID:
SAW-2015-01816
River Basin:
Upper Yadkin
HUC:
03040105
County:
Meckl®burg
USACE PM:
Kim Isenhour
30 Day Comment Start: May 18, 2022
30 Day Comment Deadline: June 17, 2022
60 Day DE Decision: July 17, 2022
Regards,
Kim
Kim (Browning) Isenhour
Mitigation Project Manager, Regulatory Division I U.S. Army Corps of Engineers 1 919.946.5107
-----Original Message -----
From: Browning, Kimberly D CN USARMY CESAW (USA) <[e-mail]>
Sent: Tuesday, May 17, 2022 1:44 PM
To: Tugwell, Todd J CN USARMY CESAW (USA) Q'[e-mail]>; Haywood, Casey M CN USARMY CESAW (USA)<[e-mail]>;
[e-mail]; [e-mail]; Munzer, Olivia <[e-mail]>; Merritt, Katie <[e-mail]>; [e-mail];
[e-mail]
Cc: Crumbly, Tyler A CN USARMY CESAW (USA)Q'[e-mail]>; Fennel, Tommy E CN USARMY CESAW (USA)<[e-mail]>; Cara
Condor <[e-mail]>; [e-mail]
Subject: Notice of As -Built Review & CE Modification/ WLS Upper Rocky UMB - Upper Rocky Mitigation Site/ SAW-2015-01816/ Meckl®burg Co.
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 am®ded 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 gre®way 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 as IRT review period of 30 days. Please provide comments by June 17, 2022. Comm®ts 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 NCB2T 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:
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 enbancement credits: 1349.55 stream mitigation units and 1.286 wetland mitigation units.
Release
Released Credits
Amended Release
Delta
1st Release
1350.75 SMUs

1.786 WNW a
1350.15 SMUs
1.786 WNW a
-0.60 SMUs
0 WMUs
2nd Release
None
1350.15 SMUs
1286 WNW a
Credits to withheld from As -Built Release
0.060 SMUs
As -Built Release Amount
1,349.55 SMUs
1286 WNW a
Link to WLS Upper Rocky As -Built Report on RIBITs, under As -Built Monitoring Report (MYO):
hhJ s //nrldefense cnm/v3/ httns //ribitc ens us amil/ords/f7
p=1072783883693779747:::RP278P278_BANK ID4396!!HYmSToo!aUE4Fhg4Aeuz9_SIAxSiGrRFh12h_sJNXJBPgODIVgMCvkMpR&r_LbyKTaosHblzzFnsdzExNHXRXSSkDNKLE2oa2-
to51Hp885G$
Please reach out with any questions, and feel free to forward any comments/concerns tome that you may have if you are notable 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

DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
69 DARLINGTON AVENUE
. WILMINGTON, NORTH CAROLINA 28403-1343
REPLY TO
ATTENTION OF:
July 11, 2022
Regulatory Division
Action ID No. SAW-2015-01816
Re: Conservation Easement Amendment Review Associated with the WLS Upper Rocky
Umbrella Mitigation Bank
Mrs. Cara Conder
Water & Land Solutions
7721 Six Forks Road, Suite 130
Raleigh, North Carolina 27615
Dear Mrs. Conder:
This correspondence is in reference to the Upper Rocky Umbrella Mitigation Bank
located south of William Hough High School, between NC 115 and Bailey Road, in
Huntersville, Mecklenburg County, North Carolina. The mitigation site is within the Rocky
Watershed of the Upper Pee Dee River Basin, Hydrologic Unit Code (HUC) 03040105.
The purpose of this letter is to confirm the conservation easement amendment for this
site.
As referenced in the May 11, 2022 as -built cover letter to the Corps, the Bank
Sponsor indicated there was an adjustment to credits based on the amended
conservation easement to remove a culvert headwall installed by the
subdivision/developer from the easement boundary from R2. The total amended stream
credits are 9,001 and 9.07 riparian wetland credits, with a net difference of 4.0 stream
credits. Additionally, there was a greenway trail constructed adjacent to the project
easement boundary, and after the greenway centerline was surveyed it was removed
from the conservation easement per the 2016 conservation easement deed language.
Per Section 332.8(g)(2) of the 2008 Mitigation Rule, this easement amendment proposal
followed the streamlined review process. There were no IRT objections to the proposed
conservation easement modification.
Below is a summary of the easement amendments. A figure showing the amended
conservation easement boundary is included with this letter. The amended easement
acreage is 42.68 acres.
• Remove greenway trail from conservation easement (generally a 30-ft wide
corridor).

• Remove upper R2 from conservation easement. This is a non -creditable section
with a powerline installed through the easement. The developer installed an entrance
sign partially in the easement in this area as well.
• 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 isolated easement segments to the east of the greenway trail
furthest from the mitigation project. These isolated areas were created from removing the
greenway trail from the easement and a sewer line easement.
Thank you for your interest in restoring and protecting waters of the United States.
Please copy The Corps on all future correspondence regarding the modification of the
easement. If you have questions regarding this letter, please contact Kim Isenhour at
Kim berly.d.brown ing(o)usace.army.mil or by telephone [phone].
Sincerely,
14ON1Mel OTOW,
Mitigation Project Manager
Regulatory Division
Electronic Copies Furnished:
NCIRT Distribution List