20220439 Ver 1_Approval of As-Built Review and Release of Credits / LCFUMB - Juniper Tract

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Mr. Vincent,

The 15-Day Dispute Resolution Process for the As-Built/MY0 review and site modification request for the Lower Cape Fear Umbrella Mitigation Bank – Juniper Tract (SAW-2019-01067) ended
October 18, 2023. This process followed the review procedure outlined in Section 332.8(o)(9) of the 2008 Mitigation Rule. A site meeting was also conducted on July 13, 2023. Several
adjustments to the as-built site conditions were required prior to approval of the as-built, which were included in the modification request. No additional comments were received from
the NCIRT during the modification process. We have reviewed the plan addendum and as-built plans you submitted on July 31, 2023 and determined they have addressed the required actions.
Please see the attached the credit release and modification approval letter.

The Regulatory In-lieu Fee and Bank Information Tracking System ledger for the site has been updated to reflect this credit release. Also please note that we have adjusted the credit
release schedule due to an error in our initial release that approved an additional 9.6 non-riparian wetland credits – these were already accounted for in the total credit to be released
during annual monitoring. The attached adjusted credit release schedule has been updated to reflect the current and future releases.

This electronic copy is your official Department of the Army authorization. If you would like to receive a hard copy of this correspondence, please contact me and I will arrange for
a copy to be mailed to you. Please let me know if you have any questions.

Thank you,

Todd Tugwell

Chief, Mitigation Branch

Regulatory Division

Wilmington District, USACE

[phone]

From: Tugwell, Todd J CIV USARMY CESAW (USA)
Sent: Tuesday, October 3, 2023 1:42 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

Good Afternoon,

We received no comments in response to the proposed request to modify the mitigation plan for the Lower Cape Fear UMB – Juniper Tract, or for the proposed MY0/as-built credit release.
Accordingly, it is our intent to approve this modification and credit release unless a member of the NCIRT initiates the Dispute Resolution Process, as described in the Final Mitigation
Rule (33 CFR Section 332.8(e)). Please note that initiation of this process requires that a senior official of the agency objecting to the approval of the mitigation plan (instrument
amendment) notify the District Engineer by letter within 15 days of this email (by COB on October 18, 2023). Please notify me if you intend to initiate the Dispute Resolution Process.
Provided that we do not receive any objections, we will provide an approval letter to the sponsor at the conclusion of the 15-day Dispute Resolution window. As this modification was
submitted with the As-built, we will also provide as-built/credit release approval with the same correspondence.

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

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] <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:maria.polizzi@de
q.nc.gov> >; Haupt, Mac <[e-mail] <mailto:[e-mail]> >; Wilson, Travis W. <[e-mail] <mailto:[e-mail]> >; Maria Dunn <maria.dunn@ncwildli
fe.org <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]> >; Shaver, Brad E CIV USARMY CESAW (USA) <[e-mail] <mailto:Brad.E.Shaver@usace
.army.mil> >
Cc: Novak, Corey <[e-mail] <mailto:[e-mail]> >; Preziosi, Christian <[e-mail] <mailto:[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]

q.nc.gov