Loading...
HomeMy WebLinkAbout20220439 Ver 1_As-Built Credit Release_Juniper TractDEPARTMENT OF THE ARMY WILMINGTON DISTRICT, CORPS OF ENGINEERS 69 DARLINGTON AVENUE WILMINGTON, NORTH CAROLINA 28403-1343 November 1, 2023 Regulatory Division SUBJECT: As-built baseline monitoring report approval and credit release associated with the Lower Cape Fear UMB - Juniper Tract, Action ID SAW-2019-01067 Mr. Jon Vincent LCFUMB, LLC 1015 Ashes Drive, Suite 202 Wilmington, North Carolina 28403 Dear Mr. Vincent: This letter is to inform you that the Wilmington District, Corps of Engineers (Corps) has reviewed the as-built baseline monitoring report for the Lower Cape Fear Umbrella Mitigation Bank (UMB) - Juniper Tract, dated April 2023, and the subsequent Mitigation Plan Addendum (modification) dated July 31, 2023. The Juniper Tract is in the Cape Fear River Basin (Hydrologic Unit Code 03030005), located on the south side of Mill Creek Road SE and north of Danford Road, in Brunswick County, NC. In accordance with Sec. 332.8(o)(9) of the Federal Mitigation Rule, the baseline monitoring report was provided to the North Carolina Interagency Review Team (NCIRT) for review and comment on June 1, 2023. A site meeting was also held on July 13, 2023, to assess the as-built site conditions. During this meeting, the NCIRT noted several actions that had to be completed prior to the approval of the as-built plans and associated credit release, which resulted in a modification request. The two major items submitted with the modification included the removal of sections of road within the site from creditable areas and the submittal of a plan to repair a failing structure on a tributary. Both items were addressed with the July 31st submittal, and no additional comments were received during the IRT review of the project modification request. Pursuant to the UMB Instrument approved on January 23, 2013, and the site- specific Juniper Tract Final Mitigation Plan dated October 6, 2021, 15 percent of the mitigation site’s total restoration and enhancement credits shall be available for sale immediately after the completion of implementation of the mitigation plan and Corps approval of the baseline monitoring report and as-built survey. By copy of this -2- correspondence, we confirm that you have satisfied the above requirements for the as- built credit release, and 822.900 Stream Mitigation Units (SMUs), 5.000 Riparian Wetland Mitigation Units and 45.700 Non-Riparian WMUs are now available for sale. Please note that this correspondence corrects an error associated with our letter of December 15, 2022, that provided the initial release of credits for this site. The initial letter mistakenly released an additional 9.6 Non-Riparian WMUs; however, the approved mitigation plan incorporated these credits within the total to be released annually. Accordingly, with this release, 1,645.800 SMUs, 10.200 Riparian WMUs and 94.300 Non-Riparian WMUs (30 percent of the site’s total credit) are now available for sale. The attached credit release schedule has been updated to reflect all changes to the credit release schedule. Please ensure that future credit release requests utilize the updated credit release schedule. Please note that this electronic copy provided to you via email is your official copy. Should you wish to receive a paper copy of this correspondence, please contact us. Thank you for your time and cooperation. If you have any questions, please contact me by email at todd.tugwell@usace.army.mil or by phone at (919) 210-6265. Sincerely, Todd Tugwell Chief, Mitigation Branch Enclosure cc (by email): NCIRT Distribution List Juniper Tract – Final Mitigation Plan Lower Cape Fear Umbrella Mitigation Bank Lower Cape Fear River Basin (HUC 03030005) October 6, 2021 54 Task Project Milestone Projected Completion 1 Approval of Mitigation Plan December 2021 2 Recordation of Conservation Easement Deed January 2022 3 Initiation of Site Earthwork March 2022 4 Mitigation Site Earthwork Completed August 2022 5 Mitigation Site Planting and Installation of Monitoring Devices December 2022 or February 2023 6 Submittal of As-Built Report March 2023 7 First Year Annual Monitoring October 2023 8 Submittal of Monitoring Report #1 to IRT April 15, 2024 9 Submittal of Monitoring Report #2 to IRT April 15, 2025 10 Submittal of Monitoring Report #3 to IRT April 15, 2026 11 Submittal of Monitoring Report #4 to IRT April 15, 2027 12 Submittal of Monitoring Report #5 to IRT April 15, 2028 13 Submittal of Monitoring Report #6 to IRT April 15, 2029 14 Submittal of Monitoring Report #7 to IRT April 15, 2030 Table 18. Sample Credit Release Schedule (Non-Riparian Wetlands) Task Projected Completion Date Percentage of Wetland Credits Released (% Cumulative) Number of Credits Released 1. Recordation of Conservation Easement 12/2021 15 (15) 48.6 2.Completion of Physical and Biological Improvements 12/2022 15 (30) 48.6 3.Year 1 Monitoring Report 4/2024 10 (40) 32.4 4. Year 2 Monitoring Report 4/2025 10 (50) 32.4 5. Year 3 Monitoring Report 4/2026 15 (65) 48.5 6.Year 4 Monitoring Report *4/2026 5 (70) 16.2 7. Year 5 Monitoring Report 4/2028 15 (85) 48.5 8. Year 6 Monitoring Report *4/2029 5 (90) 16.2 9.Year 7 Monitoring Report 4/2030 10 (100) 32.4 Total 100% 323.8 *Vegetation plot data may not be required with monitoring reports submitted during these monitoring years unless directed by the IRT. 314.6 45.7 47.2 47.2 31.5 31.5 31.5 15.7 15.7 NOTE: PER AS-BUILT AND MIT PLAN ADDENDUM, CREDITS WERE REDUCED FROM MITIGATION PLAN DUE TO TREES NOT HARVESTED AND PLANTED AND ROAD NOT SUFFICIENTLY REMOVED. CREDIT RELEASE TABLES REVISED JULY 2023 Table 17. Project Timeline Juniper Tract – Final Mitigation Plan Lower Cape Fear Umbrella Mitigation Bank Lower Cape Fear River Basin (HUC 03030005) October 6, 2021 55 Table 19. Sample Credit Release Schedule (Riparian Non-Riverine Wetlands) Task Projected Completion Date Percentage of Wetland Credits Released (% Cumulative) Number of Credits Released 1.Recordation of Conservation Easement 01/2022 15 (15) 5.2 2. Completion of Physical and Biological Improvements 12/2022 15 (30) 5.2 3.Year 1 Monitoring Report 4/2024 10 (40) 3.5 4. Year 2 Monitoring Report 4/2025 10 (50) 3.5 5. Year 3 Monitoring Report 4/2026 15 (65) 5.2 6. Year 4 Monitoring Report *4/2026 5 (70) 1.8 7.Year 5 Monitoring Report 4/2028 15 (85) 5.2 8. Year 6 Monitoring Report *4/2029 5 (90) 1.7 9. Year 7 Monitoring Report 4/2030 10 (100) 3.5 Total 100% 34.8 *Vegetation plot data may not be required with monitoring reports submitted during these monitoring years unless directed by the IRT. Table 20. Sample Credit Release Schedule (Streams) Task Projected Completion Date Percentage of Stream Credits Released (% Cumulative) Number of Credits Released 1. Recordation of Conservation Easement 01/2022 15 (15) 822.9 2.Completion of Physical and Biological Improvements 12/2022 15 (30) 822.9 3.Year 1 Monitoring Report 4/2024 10 (40) 548.6 4. Year 2 Monitoring Report 4/2025 10 (50) 548.6 5.Year 3 Monitoring Report 4/2026 10 (60) 548.6 6. Year 4 Monitoring Report *4/2026 5 (65) (75**) 274.3 (822.9**) 7. Year 5 Monitoring Report 4/2028 10 (75) (85**) 548.6 8.Year 6 Monitoring Report *4/2029 5 (80) (90**) 274.3 9. Year 7 Monitoring Report 4/2030 10 (90) (100**) 548.6 Total 100% 5,486 *Vegetation plot data may not be required with monitoring reports submitted during these monitoring years unless directed by the IRT. **10% reserve of credits to be held back until the bankfull event performance standard has been met 33.8 5.0 5.0 5.0 3.4 3.4 3.4 1.7 1.7 NOTE: CREDITS REDUCED FROM MITIGATION PLAN DUE TO SPOIL AREA AND TREES NOT HARVESTED AND PLANTED.