20160369 Ver 1_SECTION B, AS-BUILT CREDIT RELEASE_20220802

Hamilton, Ryan
From:Davis, Erin B
Sent:Wednesday, September 7, 2022 12:41 PM
To:Hamilton, Ryan
Subject:FW: \[External\] SECTION B, AS-BUILT CREDIT RELEASE: SAW-2016-01988 / Bucher
Mitigation Project / Neu-Con UMBI / EBX-Neuse I, LLC
Attachments:SAW-2016-01988 Bucher Section B As-Built Credit Release.pdf
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DWR#: 20160369 v.1
Doc Date: 8/2/22
Doc Type: Mitigation Evaluation
Doc Name: Same as email subject

From: Dailey, Samantha J CIV USARMY CESAW (USA) <[e-mail]>
Sent: Tuesday, August 2, 2022 7:24 AM
To: Bradley Breslow <[e-mail]>
Cc: Tugwell, Todd J CIV USARMY CESAW (US) <[e-mail]>; Kim Browning
<[e-mail]>; Bowers, Todd <[e-mail]>; Davis, Erin B
<[e-mail]>; Wilson, Travis W. <[e-mail]>
Subject: \[External\] SECTION B, AS-BUILT CREDIT RELEASE: SAW-2016-01988 / Bucher Mitigation Project / Neu-Con UMBI
/ EBX-Neuse I, LLC

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Good morning Brad,

Please find the as-built credit release and IRT comments for:

SAW-2016-01988 / Bucher Mitigation Project / Neu-Con UMBI / EBX-Neuse I, LLC

This electronic copy is an official Department of the Army Notification. However, if you wish to receive a paper copy, one
will be mailed upon request.

IRT comments to be addressed in the Year 1 monitoring report:

Todd Bowers, EPA Comments
 Inconsistent planted and total stems/acre counts between the narrative on Page 14, Table 6 and Table 7. All
totals should be 688 stems/acre based on plot data.
 Presence/absence or analysis of invasive plant species is not mentioned.
 Positive or negative occurrences of encroachment of the conservation easement boundary and/or fencing is not
discussed.
 Photos of vegetation plots, stream features, and installed gauges, were provided and excellent.
1

 Planted Species Summary (Table 5) shows a deviation from swamp tupelo to water tupelo. This should be red
lined/highlighted and mentioned in the narrative.
 Recommend adding climatological data (precipitation) to the MY1 report to correspond to stream hydrology
monitoring.

Erin Davis, DWR Comments
 The MY0 Report page 9 notes installation of two stage recorders but the CCPV only shows one. Please confirm.
 Nyssa aquatica (OBL) was substituted for Nyssa biflora (FAC). Was this substitution done because the site
appeared wetter than expected? If not, DWR has concerns about the survival of N. aquatica being planted in a
zone meant for N. biflora. Also, N. aquatica is more typically found in the NC coastal plain region.
 The veg plot 5 photos shows no herbaceous groundcover. Was this an initial seed establishment issue or
sedimentation cover issue? Is supplemental seeding planned?
 The Reach BU2 Riffle Cross Section 4 photo appears to show a substantial amount of stone compared to the
other riffle photos. Was there an additional erosion risk identified at this location?
 With BU4 being fairly shallow and narrow, please watch for in-channel vegetation affecting flow and bed/bank
formation.
 This MY0 Report (dated June 2022) did not mention issues noted during the DWR buffer mitigation as-built walk
th
in May. Please confirm RES’ is planning to address all comments noted in Katie Merritt’s July 8 email that affect
the stream mitigation project, including seeding bare areas, planting/replanting, providing erosion control for
slope areas developing rills/gullies, and reinforcing CE boundaries with signage/tape etc.

Best Regards,

Samantha Dailey
U.S. Army Corps of Engineers
Wilmington District, Regulatory Division, Raleigh Field Office

Email: [e-mail]
Phone: [phone]

2

August 1, 2022

Regulatory Division

Action ID No. SAW-2016-01988

Re: As-Built Credit Release Associated with Neu-Con Umbrella Mitigation Banking
Instrument (UMBI), Bucher Mitigation Project – Section B

Mr. Brad Breslow
EBX-Neuse I, LLC
3600 Glenwood Avenue, Suite 100
Raleigh, North Carolina 27612

Dear Mr. Breslow:

This correspondence is in reference to the Neu-Con UMBI, Bucher Mitigation Project,
located at 3132 Redwood Road, in Durham, Durham County, North Carolina. The
mitigation site is adjacent to and within the Neuse River Basin, Hydrologic Unit Code
(HUC) 03020201. The purpose of this letter is to confirm the as-built release of credits for
Section B, which includes all areas upstream of the breached impoundment.

Pursuant to the UMBI entitled, Agreement to Establish the Neu-Con Umbrella Wetland
Mitigation and Stream Restoration Bank, approved April 2, 2001 and amended April 10,
2009; the site-specific Bucher Mitigation Project Final Mitigation Plan (Plan) dated
September 2019; and the As-Built Baseline Monitoring Report-Section B dated June
2022, 15 percent of the mitigation site’s total restoration and enhancement credits (within
Section B) shall be available for sale immediately upon completion of the as-built survey,
successful completion of stream restoration and enhancement activities, and successful
completion of planting activities, as outlined in the September 2019 Plan.

By copy of this correspondence, we confirm that you have satisfied the above
requirements for the Section B as-built credit release, and 530.025 stream mitigation
units (SMUs) are now available for sale. To-date, 3719.96 SMUS (30 percent of the total
SMUs) have been released for sale.

As noted in previous correspondence, the Year 1 monitoring report will combine
Sections A & B. Please also note, the Bucher construction bond was to remain in place
until the Section B as-built credits were released.
DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
69 DARLINGTON AVENUE
WILMINGTON, NORTH CAROLINA 28403-1343

Thank you for your interest in restoring and protecting waters of the United States. If
you have questions regarding this letter, please contact Samantha Dailey, Raleigh
Regulatory Field Office at [e-mail] or telephone (919) 554-
4884, EXT. 22.

Sincerely,

Todd Tugwell
Mitigation Project Manager
Regulatory Division

Electronic Copies Furnished:
NCIRT Distribution List