Adaptive Management Plan Guidance 20210928

NCIRT Mitigation Site Adaptive Management Plan
Guidance
US Army Corps of Engineers — Wilmington District
September 28, 2021
Adaptive Management Plan (AMP)
An integral part of a successful compensatory mitigation project is early detection of
problems during implementation, determining the cause(s) of those problems, and
attempting to correct those problems so that the compensatory mitigation project
achieves its objectives and ecological performance standards. Interim performance
standards are crucial to ensuring compensatory mitigation performance follows a
trajectory to attain final compensatory mitigation success.
In the event the mitigation site or a specific component of the mitigation site fails to
achieve the necessary performance standards as specified in the mitigation plan, the
sponsor shall notify the members of the IRT and work with the IRT to develop
contingency plans and remedial actions. Large scale corrective measures may require
an Adaptive Management Plan. Large scale corrective measures may include, but are
not limited to, re -grading part of the mitigation site, replanting more than 20% of the site
to improve density or species diversity, substantial streambank repairs that exceed 75
linear feet, or the addition of stabilization structures not included in the final mitigation
plan. The Adaptive Management Plan review will follow Section 332.8(g)(2) of the 2008
Mitigation Rule, part of the streamlined review process, which requires an IRT review
period of 30 calendar days. The sponsor shall submit the AMP to the USACE Mitigation
Project Manager, and it will be sent to the IRT for review. Within 60 days of providing
the AMP to the IRT, the USACE project manager will notify the IRT of their intent to
approve this modification. This initiates the 15-day dispute resolution period. If no IRT
member objects to the approval, USACE will notify the sponsor of their decision to
approve the AMP at the conclusion of the dispute resolution period.
Submittal of the AMP should be sent to the USACE project manager for distribution to
the IRT prior to conducting any corrective measures on a mitigation site. NCDMS ILF
site AMPs should be submitted to the District Mitigation Team. AMPs may be submitted
independently or along with credit release requests/monitoring reports. If submitted
along with credit release requests, the 15-day review timeline for credit release may be
extended to allow for the AMP review.
Once the Adaptive Management plan is prepared, the sponsor will:
1. Notify the USACE as required by the Nationwide Permits (NWP) 3 or 27 general
conditions.

a. If the proposed AMP will cause impacts to streams or wetlands and will
not deviate significantly from the original design or result in changes to
impact/credit amounts, and the original NWP 27 is still valid, you may
operate under the original permit.
b. If the NWP 27 has expired, you may need to submit an ePCN for a NWP 3
(maintenance) if the impacts exceed the current NWP 3 notification
threshold. If the impacts do not exceed the current threshold, you may
meet the conditions for using a non -notifying NWP3 unless notification is
required by current NWP or Regional Conditions. The most current NWP
and Regional Conditions can be found on the Wilmington District Website
at https://www.saw.usace.army.miI/Missions/Regulatory-Permit-
Proaram/Permits/2017-Nationwide-Permits.
c. Activities permitted under the 2017 NWPs remain authorized for 12
months beyond the expiration date if the activities have commenced (i.e.,
are under construction) or are under contract reliant upon the NWP
authorization.
2. Notify NCDWR as necessary for compliance with the Water Quality GC #4134,
activity specific condition #1.
3. Revise performance standards, maintenance requirements, and monitoring
requirements as necessary.
4. Request a change in project credits, if applicable.
5. Obtain other permits as necessary.
6. Submit the Adaptive Management Plan for IRT review and approval.
7. Implement the Adaptive Management Plan.
8. Provide the IRT an AMP Completion Memo summarizing corrective actions
taken, including a Record Drawing/As-Built Plan as applicable.
9. Document the corrective measures, and results, in the annual monitoring report.
II. The Final Mitigation Plan should contain a section on Adaptive
Management, to include:
1. Identify responsible parties who will identify problems.
2. Potential problems that may arise during the monitoring period, particularly if
performance standards are not met.
3. Potential causes of those problems. (Potential risks and uncertainties)

4. Identify a process for determining measures to correct deficiencies in
compensatory mitigation projects, such as site modifications, design changes,
revisions to maintenance requirements, and revisions to monitoring requirements
(see 33 CFR § 332.7(c)(3))
III. An Adaptive Management Plan should include:
1. A Cover Page that includes:
a. The mitigation bank name or NCDMS ILF, and the site name
b. County
c. USACE Action ID Number
d. DMS ID Number (if applicable)
e. NCDWR ID Number
f. River Basin and HUC
g. Sponsor information and contact.
2. An Introduction that describes:
a. Mitigation Project type (DMS Full -Delivery, DBB, Bank, etc.)
b. Site location, to include county and coordinates in decimal degrees.
c. Current project status (As -Built, Monitoring)
d. Year of Final approved mitigation plan.
e. Description of problem causing the failure to meet performance standards.
f. Percentage of the site or features not meeting performance standards.
g. Identified cause of problem.
h. A list of performance standards, as established in the Final Approved
Mitigation Plan that fail to meet success.
i. Data Collection Period
i. Submission Date
3. A Summary of data from the current monitoring year pertaining to the identified
problem. This may include:
a. Vegetation monitoring table and summary.
b. Cross -sectional data.
c. Groundwater gauge data.
d. Rainfall data.
e. Visual Assessment data (Site photos and/or drone footage).
4. Description of proposed corrective measures, such as: Supplemental planting,
soil amendments, re -grading, stabilization structures, beaver removal, gauge
replacement or additional gauge installation.
a. *Note: AMPs for supplemental planting should include the originally
approved planting list and proposed species, including the wetland
indicator status. Planted trees should be tracked to make sure that they

are not counted toward success until they have been in the ground for 2
growing seasons per the 2016 NCIRT guidance.
5. Attachments to include, as applicable:
a. Proposed Planting Table, to include percent of each species, common
name, scientific name, and wetland indicator status.
b. Current Condition Plan View (CCPV)
c. Soils Map
d. Gauge Data
e. Vegetation Plot Data (as applicable), to include species mortality rates
f. Vegetation Plot Criteria Attainment Table
g. Performance Standards Summary Table
h. Invasive Species Treatment Plan
i. Design Plan Sheets from Final Approved Mitigation Plan
j. Planting Zones
k. Photo Documentation
I. Cross -Section Data
m. Grading Plans
6. Any change in assets or credits should be explained and approved as part of this
AMP.
7. Proposed Monitoring Revision.