20220439 Ver 1_Notice of As-Built Review / LCFUMB - Juniper Tract

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Corey,

I just wanted to give you more info on this. Unfortunately, we don’t really have an option but to send out the modification to the IRT again for review. I will do my best to expedite
the release as soon as we are able following the review process. To that end, I wanted to go ahead and give you some feedback on the repair plans for the rock ramp. From the design,
it looks like the ramp is proposed to be about 25 feet in length (including the 5 ft pool at the bottom), with a drop of about 4.5 feet. I’m wondering if this is too short a structure
to allow the channel to actually maintain any kind of flow and passage throughout, or if the drops should be spread out over a longer reach. I’m concerned that the repair is pretty
much going to look like what’s out there now, which doesn’t seem to have worked. My recollection is that the structure on the other tributary, which we all though looked more functional,
seemed to be a lot longer. Maybe it just didn’t have the same drop?

Also I noticed that the revised credit release schedule rounds off credit amounts to 1/10th. We’ve recently updated all our records to the 1/1000th for both streams and wetlands. So
for example, this coming release would be 5.070 Non-riverine wetland credits. (I know this seems way too precise, but we have to do it this way in order to match the credit requirements
from our permits, which are often to the 1/1000th.) Anyway, if you have a chance to adjust the release schedule, that would be helpful.

Please let me know your thoughts on the ramp design and let me know if you have any other questions in the meantime.

Todd Tugwell

Chief, Mitigation Branch

Regulatory Division

Wilmington District, USACE

[phone]

From: Tugwell, Todd J CIV USARMY CESAW (USA)
Sent: Friday, August 11, 2023 12:55 PM
To: Davis, Erin B CIV USARMY CESAW (USA) <[e-mail]>; Bowers, Todd <[e-mail]>; Matthews, Kathryn ([e-mail]) <[e-mail]>; Polizzi,
Maria <[e-mail]>; Haupt, Mac <[e-mail]>; Wilson, Travis W. <[e-mail]>; Maria Dunn <[e-mail]>; [e-mail];
Twyla Cheatwood <[e-mail]>; Sugg, Mickey T CIV USARMY CESAW (USA) <[e-mail]>; Shaver, Brad E CIV USARMY CESAW (USA) <[e-mail]>
Cc: Novak, Corey <[e-mail]>; Preziosi, Christian <[e-mail]>
Subject: RE: Notice of As-Built Review / LCFUMB - Juniper Tract / SAW-2019-01067 / Brunswick County

All,

During the on-site IRT meeting of July 13th, several issues were noted with the as-built, most notably including sections of road remaining withing credit generating areas in the easement
and a transition structure (rock ramp) at the end of a tributary that is failing. We asked the sponsor to prepare an addendum to address these issues and provide an updated credit
release schedule, which was provided to our office on July 31st. Please see the attached Mitigation Plan Addendum and repair plan, which are also available on the RIBITS cyber repository
for the bank. The addendum also includes minutes from the July 13th meeting, which identify other concerns noted by the IRT.

We have revised the review process for Juniper Track as-built review due to the attached request to modify the mitigation plan and credit totals for the project. The review of the proposed
modification will now follow the streamlined review process, as outlined in Section 332.8(g)(2) of the 2008 Mitigation Rule, which requires an IRT review period of 30 calendar days
from the date of this email notification. Please provide any comments regarding the as-built review and modification request by 5 PM on the 30-day comment deadline shown below. Comments
provided after the 30-day comment deadline (shown below) 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 and the credit release request. This notification will be followed by a 15-day Dispute Resolution
Period.

REVISED COMMENT TIMELINE

Field Review Date: July 13, 2023 (held previously to review the original as-built submittal)

30 Day Comment Start: August 11, 2023

30 Day Comment Deadline: September 10, 2023

60 Day DE Decision Deadline: October 10, 2023

Thank you and please let me know if you have any questions,

Todd Tugwell

Chief, Mitigation Branch

Regulatory Division

Wilmington District, USACE

[phone]

From: Davis, Erin B CIV USARMY CESAW (USA) <[e-mail] <mailto:[e-mail]> >
Sent: Thursday, June 1, 2023 8:46 AM
To: Tugwell, Todd J CIV USARMY CESAW (USA) <[e-mail] <mailto:[e-mail]> >; Isenhour, Kimberly T CIV USARMY CESAW (USA) <[e-mail]
<mailto:[e-mail]> >; Haywood, Casey M CIV USARMY CESAW (USA) <[e-mail] <mailto:[e-mail]> >; Kichefski, Steven L
CIV USARMY CESAW (USA) <[e-mail] <mailto:[e-mail]> >; Bowers, Todd <[e-mail] <mailto:[e-mail]> >; Matthews, Kathryn
([e-mail] <mailto:[e-mail]> ) <[e-mail] <mailto:[e-mail]> >; Polizzi, Maria <[e-mail] <mailto:[e-mail]
> >; Haupt, Mac <[e-mail] <mailto:[e-mail]> >; Wilson, Travis W. <[e-mail] <mailto:[e-mail]> >; Maria Dunn <[e-mail]
<mailto:[e-mail]> >; [e-mail] <mailto:[e-mail]> ; Twyla Cheatwood <[e-mail] <mailto:[e-mail]> >; Sugg, Mickey
T CIV USARMY CESAW (USA) <[e-mail] <mailto:[e-mail]> >
Cc: Novak, Corey <[e-mail] <mailto:[e-mail]> >; Preziosi, Christian <[e-mail] <mailto:[e-mail]> >
Subject: Notice of As-Built Review / LCFUMB - Juniper Tract / SAW-2019-01067 / Brunswick County

Good morning IRT,

The below referenced FINAL As-Built Report review and associated MY 0 Credit Release has been requested by the bank sponsor. The As-Built Report and associated documents have been posted
to the RIBITS site for this bank and are now available for download (see link to Cyber Repository below). Please contact the USACE Bank PM or Mitigation Specialist identified below
if you prefer to receive a hard copy. Per Section 332.8(o)(9) of the 2008 Mitigation Rule, this review follows the credit release approval process, which requires an IRT review period
with a comment deadline of 15 calendar days after the date of this email notification or from the date of a site visit, should it be required. Comments provided after the comment deadline
(shown below) 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
approval or disapproval of the credit release.

Field Review Date: Thursday, July 13, 2023 (site meeting information to follow)

15-Day Comment Start Date: June 5, 2023

15-Day Comment Deadline: July 28, 2023 (15 days following site review)

45-Day Credit Release Approval Deadline: August 27, 2023 (45 days following site review)

Project Information:

Project: Lower Cape Fear Umbrella Mitigation Bank (LCFUMB) – Juniper Tract

Sponsor: LCFUMB, LLC

Sponsor POC: Corey Novak [e-mail] <mailto:[e-mail]> , [phone]

Action ID: SAW-2019-01067

County: Brunswick

Location: 34.080872, -78.120502

HUC: 03030005, Cape Fear River Basin

USACE Bank PM: Todd Tugwell, [e-mail] <mailto:[e-mail]> , [phone]

USACE Bank Mit Specialist: Erin Davis, [e-mail] <mailto:[e-mail]> , [phone]

RIBITS Cyber Repository Link: https://ribits.ops.usace.army.mil/ords/f?p=107:278:12994437132662:::RP,278:P278_BANK_ID:5410 <https://ribits.ops.usace.army.mil/ords/f?p=107:278:12994437132662:::RP,278:
P278_BANK_ID:5410>

Please note that you must be logged in to access documents in the cyber repository.

Mitigation Plan Projected Credits

As-Built Credits

Mitigation Plan Projected Lengths/ Acreages

As-Built Lengths/ Acreages

5,486.000 SMUs (warm)

5,486.000 SMUs (warm)

5,486.000 ft

5,486.000 ft

34.800 WMUs (Riparian)

33.800 WMUs (Riparian)

37.100 ac

36.900 ac

323.800 WMUs (Non-Riparian)

315.200 WMUs (Non-Riparian)

492.700 ac

492.700 ac

Note: Changes from Mit Plan to As-built include a reduction in 1 Riparian WMUs and 8.6 Non-Riparian WMUs

Please reach out if you have questions.

Thank you,

Erin

Erin B. Davis

Mitigation Specialist, Regulatory Division I U.S. Army Corps of Engineers l [phone]

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Sugg, Mickey T CIV USARMY CESAW (USA) <[e-mail]>; Shaver, Brad E CIV USARMY CESAW (USA)
<[e-mail]>
Cc: Novak, Corey <[e-mail]>; Preziosi, Christian <[e-mail]>
Subject: RE: Notice of As-Built Review / LCFUMB - Juniper Tract / SAW-2019-01067 / Brunswick County

All,

th
During the on-site IRT meeting of July 13, several issues were noted with the as-built, most notably including sections
of road remaining withing credit generating areas in the easement and a transition structure (rock ramp) at the end of a
tributary that is failing. We asked the sponsor to prepare an addendum to address these issues and provide an updated
st
credit release schedule, which was provided to our office on July 31. Please see the attached Mitigation Plan
Addendum and repair plan, which are also available on the RIBITS cyber repository for the bank. The addendum also
th
includes minutes from the July 13 meeting, which identify other concerns noted by the IRT.

We have revised the review process for Juniper Track as-built review due to the attached request to modify the
mitigation plan and credit totals for the project. The review of the proposed modification will now follow the
streamlined review process, as outlined in Section 332.8(g)(2) of the 2008 Mitigation Rule, which requires an IRT review
period of 30 calendar days from the date of this email notification. Please provide any comments regarding the as-built
review and modification request by 5 PM on the 30-day comment deadline shown below. Comments provided after the
30-day comment deadline (shown below) 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 and the credit release request. This notification will be followed by a 15-day Dispute
Resolution Period.

REVISED COMMENT TIMELINE
Field Review Date: July 13, 2023 (held previously to review the original as-built submittal)
30 Day Comment Start: August 11, 2023
30 Day Comment Deadline: September 10, 2023
60 Day DE Decision Deadline: October 10, 2023

Thank you and please let me know if you have any questions,

Todd Tugwell
Chief, Mitigation Branch
Regulatory Division
Wilmington District, USACE
[phone]

From: Davis, Erin B CIV USARMY CESAW (USA) <[e-mail]>
Sent: Thursday, June 1, 2023 8:46 AM
To: Tugwell, Todd J CIV USARMY CESAW (USA) <[e-mail]>; Isenhour, Kimberly T CIV USARMY
CESAW (USA) <[e-mail]>; Haywood, Casey M CIV USARMY CESAW (USA)
<[e-mail]>; Kichefski, Steven L CIV USARMY CESAW (USA)
<[e-mail]>; Bowers, Todd <[e-mail]>; Matthews, Kathryn
([e-mail]) <[e-mail]>; Polizzi, Maria <[e-mail]>; Haupt, Mac
<[e-mail]>; Wilson, Travis W. <[e-mail]>; Maria Dunn <[e-mail]>;
[e-mail]; Twyla Cheatwood <[e-mail]>; Sugg, Mickey T CIV USARMY CESAW (USA)
<[e-mail]>
Cc: Novak, Corey <[e-mail]>; Preziosi, Christian <[e-mail]>
Subject: Notice of As-Built Review / LCFUMB - Juniper Tract / SAW-2019-01067 / Brunswick County

2

Good morning IRT,

The below referenced FINAL As-Built Report review and associated MY 0 Credit Release has been requested by the bank
sponsor. The As-Built Report and associated documents have been posted to the RIBITS site for this bank and are now
available for download (see link to Cyber Repository below). Please contact the USACE Bank PM or Mitigation Specialist
identified below if you prefer to receive a hard copy. Per Section 332.8(o)(9) of the 2008 Mitigation Rule, this review
follows the credit release approval process, which requires an IRT review period with a comment deadline of 15 calendar
days after the date of this email notification or from the date of a site visit, should it be required. Comments provided
after the comment deadline (shown below) 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 approval or disapproval of
the credit release.

Field Review Date: Thursday, July 13, 2023 (site meeting information to follow)
15-Day Comment Start Date: June 5, 2023
15-Day Comment Deadline: July 28, 2023 (15 days following site review)
45-Day Credit Release Approval Deadline: August 27, 2023 (45 days following site review)

Project Information:
Project: Lower Cape Fear Umbrella Mitigation Bank (LCFUMB) – Juniper Tract
Sponsor: LCFUMB, LLC
Sponsor POC: Corey Novak [e-mail], [phone]
Action ID: SAW-2019-01067
County: Brunswick
Location: 34.080872, -78.120502
HUC: 03030005, Cape Fear River Basin
USACE Bank PM: Todd Tugwell, [e-mail], [phone]
USACE Bank Mit Specialist: Erin Davis, [e-mail], [phone]
RIBITS Cyber Repository Link:
https://ribits.ops.usace.army.mil/ords/f?p=107:278:12994437132662:::RP,278:P278_BANK_ID:5410
Please note that you must be logged in to access documents in the cyber repository.

Mitigation Plan Projected Mitigation Plan Projected Lengths/ As-Built Lengths/
As-Built Credits
Credits Acreages Acreages
5,486.000 SMUs (warm) 5,486.000 SMUs (warm) 5,486.000 ft 5,486.000 ft
34.800 WMUs (Riparian) 33.800 WMUs (Riparian) 37.100 ac 36.900 ac
323.800 WMUs (Non-315.200 WMUs (Non-
492.700 ac 492.700 ac
Riparian) Riparian)
Note: Changes from Mit Plan to As-built include a reduction in 1 Riparian WMUs and 8.6 Non-Riparian WMUs

Please reach out if you have questions.

Thank you,
Erin

Erin B. Davis
Mitigation Specialist, Regulatory Division I U.S. Army Corps of Engineers l [phone]

3