[External] RE: Notice of As-Built Review/ NCDMS Pierce Terrace Site/ SAW-2020-00046/ Gates County

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Jeremiah,

The 30-Day As-Built/MY0 and Mitigation Plan Addendum review for the NCDMS Pierce Terrace Mitigation Site (SAW-2020-00046) ended August 30, 2023. Per Sections 332.8(g)(2) and 332.8(o)(9)
of the 2008 Mitigation Rule, this review followed the streamlined review process. All comments received from the NCIRT are incorporated in the attached letter and IRT field visit site
notes. There were no objections to approving the mitigation plan modification request or issuing the initial 30% credit release of 32.784 non-riparian wetland mitigation units. Please
find attached the mitigation plan addendum approval letter with the enclosed updated signed ledger.

Please reach out with any questions.

Thank you,

Todd Tugwell

Chief, Mitigation Branch

Regulatory Division

Wilmington District, USACE

[phone]

From: Tugwell, Todd J CIV USARMY CESAW (USA)
Sent: Monday, October 2, 2023 4:21 PM
To: Jeremiah Dow <[e-mail]>; Alex Baldwin <[e-mail]>
Cc: Cathy Brittingham - NC Division of Coastal Management ([e-mail]) <[e-mail]>; Crumbley, Tyler A CIV USARMY CESAW (USA) <[e-mail]>;
Edward Hajnos <[e-mail]>; Haywood, Casey M CIV USARMY CESAW (USA) ([e-mail]); Kathryn Matthews <[e-mail]>; Lastinger, James C CIV
USARMY CESAW (USA) <[e-mail]>; Mac Haupt <[e-mail]>; Maria Dunn <[e-mail]>; Maria Polizzi ([e-mail]) <[e-mail]>;
NCDCR - Environmental Review <[e-mail]>; Sue Homewood <[e-mail]>; Todd Bowers <[e-mail]>; Travis Wilson <[e-mail]>;
Twyla Cheatwood <[e-mail]>
Subject: RE: Notice of As-Built Review/ NCDMS Pierce Terrace Site/ SAW-2020-00046/ Gates County

All,

We received no comments in response to the proposed request to modify the mitigation plan for the Pierce Terrace NCDMS Site. (Correspondence was received from the SHPO; however, this
correspondence indicated that the SHPO has no comment.) Accordingly, it is our intent to approve this modification 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 17, 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 NCDMS 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: Monday, July 31, 2023 4:53 PM
To: Cathy Brittingham - NC Division of Coastal Management ([e-mail] <mailto:[e-mail]> ) <[e-mail] <mailto:[e-mail]>
>; Crumbley, Tyler A CIV USARMY CESAW (USA) <[e-mail] <mailto:[e-mail]> >; Edward Hajnos <[e-mail] <mailto:[e-mail]>
>; Haywood, Casey M CIV USARMY CESAW (USA) ([e-mail] <mailto:[e-mail]> ) <[e-mail] <mailto:[e-mail]>
>; Kathryn Matthews <[e-mail] <mailto:[e-mail]> >; Lastinger, James C CIV USARMY CESAW (USA) <[e-mail] <mailto:[e-mail]
l> >; Mac Haupt <[e-mail] <mailto:[e-mail]> >; Maria Dunn <[e-mail] <mailto:[e-mail]> >; Maria Polizzi ([e-mail]
<mailto:[e-mail]> ) <[e-mail] <mailto:[e-mail]> >; NCDCR - Environmental Review <[e-mail] <mailto:[e-mail]
> >; Sue Homewood <[e-mail] <mailto:[e-mail]> >; Todd Bowers <[e-mail] <mailto:[e-mail]> >; Travis Wilson <[e-mail]
<mailto:[e-mail]> >; Twyla Cheatwood <[e-mail] <mailto:[e-mail]> >
Subject: RE: Notice of As-Built Review/ NCDMS Pierce Terrace Site/ SAW-2020-00046/ Gates County

All,

We have revised the review process for Pierce Terrace 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 (as opposed to the 15 day credit release approval
process), 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. Please note that we will still be conducting a site visit later this week on Friday, Aug. 4, 2023
at 9 AM.

REVISED COMMENT TIMELINE

Field Review Date: August 4, 2023

30 Day Comment Start: July 31, 2023

30 Day Comment Deadline: August 30, 2023

60 Day DE Decision Deadline: September 29, 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: Tugwell, Todd J CIV USARMY CESAW (USA)
Sent: Monday, July 31, 2023 1:59 PM
To: Cathy Brittingham - NC Division of Coastal Management ([e-mail] <mailto:[e-mail]> ) <[e-mail] <mailto:[e-mail]>
>; Crumbley, Tyler A CIV USARMY CESAW (USA) <[e-mail] <mailto:[e-mail]> >; Edward Hajnos <[e-mail] <mailto:[e-mail]>
>; Haywood, Casey M CIV USARMY CESAW (USA) ([e-mail] <mailto:[e-mail]> ) <[e-mail] <mailto:[e-mail]>
>; Kathryn Matthews <[e-mail] <mailto:[e-mail]> >; Lastinger, James C CIV USARMY CESAW (USA) <[e-mail] <mailto:[e-mail]
l> >; Mac Haupt <[e-mail] <mailto:[e-mail]> >; Maria Dunn <[e-mail] <mailto:[e-mail]> >; Maria Polizzi ([e-mail]
<mailto:[e-mail]> ) <[e-mail] <mailto:[e-mail]> >; NCDCR - Environmental Review <[e-mail] <mailto:[e-mail]
> >; Sue Homewood <[e-mail] <mailto:[e-mail]> >; Todd Bowers <[e-mail] <mailto:[e-mail]> >; Travis Wilson <[e-mail]
<mailto:[e-mail]> >; Twyla Cheatwood <[e-mail] <mailto:[e-mail]> >
Subject: Notice of As-Built Review/ NCDMS Pierce Terrace Site/ SAW-2020-00046/ Gates County

Hello IRT,

The below referenced FINAL As-Built/Record Drawing review has been requested by NCDMS. Per Section 332.8(o)(9) of the 2008 Mitigation Rule, this review follows the credit release approval
review process, which requires an IRT review period of 15 calendar days from the date of this email notification or a scheduled site visit, if requested. Please provide any comments
by 5 PM on the 15-day comment deadline shown below. When providing comments please indicate if your concerns are great enough that you recommend not issuing the credit release as proposed.
Comments provided after the 15-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 NCDMS
and the NCIRT along with District Engineer's decision to approve or disapprove this Final Record Drawing and initial credit release.

Please note that a site visit has been scheduled for August 4, 2023 at 9 AM to review the as-built conditions.

15-Day IRT Comment Start Date: July 31, 2023

15-Day IRT Comment Deadline: August 19, 2023 (15 days after the scheduled site visit)

45-Day Credit Release Approval Deadline: September 18, 2023

Project information and location of the FINAL As-Built Baseline Monitoring Report (MY0):

Pierce Terrace Mitigation Site

DMS Project# 100139

16‐007907—Issued 5/6/2019

Institution Date: 11/12/2019—Full Delivery

SAW-2020-00046

DWR# 2020034

Chowan River Basin

Cataloging Unit 03010203 & 03010204

Gates County, North Carolina

Provider: Restoration Systems, LLC, Ray Holz, 919-604-9314

NCDEQ - DMS PM: Jeremiah Dow, 919-218-0226

Mitigation Plan Credits:

108.401 WMUs (Non-Riparian)

As-built Credits (if different from the Mitigation Plan):

109.280 WMUs (Non-Riparian)*

As-Built-MY0 Credits:

32.784 WMUs (Non-Riparian)

Please note:

*Construction was completed in August 2022 and planting was completed on March 3, 2023. 2023 will be monitoring year 1 for this project. The as-built wetland area is 0.373 acres less
than the mitigation plan area due to a decrease of 1.878 acres of proposed wetland creation. There was an increase of 1.505 acres of re-establishment surveyed. We are requesting a
change of project credits from the mitigation plan amount of 108.401 to the as-built amount of 109.280. A mitigation plan modification request has been submitted with the as-built
report.

RIBITS Link:

https://ribits.ops.usace.army.mil/ords/f?p=107:10:7745536131484::::P10_BANK_ID:5586

Thank you,

Todd Tugwell

Chief, Mitigation Branch

Regulatory Division

Wilmington District, USACE

[phone]

haringService.svc
([e-mail]); Kathryn Matthews <[e-mail]>; Lastinger, James C CIV
USARMY CESAW (USA) <[e-mail]>; Mac Haupt <[e-mail]>; Maria Dunn
<[e-mail]>; Maria Polizzi ([e-mail]) <[e-mail]>; NCDCR -
Environmental Review <[e-mail]>; Sue Homewood <[e-mail]>; Todd
Bowers <[e-mail]>; Travis Wilson <[e-mail]>; Twyla Cheatwood
<[e-mail]>
Subject: RE: Notice of As-Built Review/ NCDMS Pierce Terrace Site/ SAW-2020-00046/ Gates County

All,
We received no comments in response to the proposed request to modify the mitigation plan for the Pierce Terrace
NCDMS Site. (Correspondence was received from the SHPO; however, this correspondence indicated that the SHPO has
no comment.) Accordingly, it is our intent to approve this modification 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 17,
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 NCDMS 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: Monday, July 31, 2023 4:53 PM
To: Cathy Brittingham - NC Division of Coastal Management ([e-mail])
<[e-mail]>; Crumbley, Tyler A CIV USARMY CESAW (USA) <[e-mail]>;
Edward Hajnos <[e-mail]>; Haywood, Casey M CIV USARMY CESAW (USA)
([e-mail]) <[e-mail]>; Kathryn Matthews
<[e-mail]>; Lastinger, James C CIV USARMY CESAW (USA) <[e-mail]>;
Mac Haupt <[e-mail]>; Maria Dunn <[e-mail]>; Maria Polizzi
([e-mail]) <[e-mail]>; NCDCR - Environmental Review
<[e-mail]>; Sue Homewood <[e-mail]>; Todd Bowers
<[e-mail]>; Travis Wilson <[e-mail]>; Twyla Cheatwood
<[e-mail]>
Subject: RE: Notice of As-Built Review/ NCDMS Pierce Terrace Site/ SAW-2020-00046/ Gates County

All,

We have revised the review process for Pierce Terrace 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 (as opposed to the 15 day
credit release approval process), 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
2

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. Please note that we will still be
conducting a site visit later this week on Friday, Aug. 4, 2023 at 9 AM.

REVISED COMMENT TIMELINE
Field Review Date: August 4, 2023
30 Day Comment Start: July 31, 2023
30 Day Comment Deadline: August 30, 2023
60 Day DE Decision Deadline: September 29, 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: Tugwell, Todd J CIV USARMY CESAW (USA)
Sent: Monday, July 31, 2023 1:59 PM
To: Cathy Brittingham - NC Division of Coastal Management ([e-mail])
<[e-mail]>; Crumbley, Tyler A CIV USARMY CESAW (USA) <[e-mail]>;
Edward Hajnos <[e-mail]>; Haywood, Casey M CIV USARMY CESAW (USA)
([e-mail]) <[e-mail]>; Kathryn Matthews
<[e-mail]>; Lastinger, James C CIV USARMY CESAW (USA) <[e-mail]>;
Mac Haupt <[e-mail]>; Maria Dunn <[e-mail]>; Maria Polizzi
([e-mail]) <[e-mail]>; NCDCR - Environmental Review
<[e-mail]>; Sue Homewood <[e-mail]>; Todd Bowers
<[e-mail]>; Travis Wilson <[e-mail]>; Twyla Cheatwood
<[e-mail]>
Subject: Notice of As-Built Review/ NCDMS Pierce Terrace Site/ SAW-2020-00046/ Gates County

Hello IRT,

The below referenced FINAL As-Built/Record Drawing review has been requested by NCDMS. Per Section 332.8(o)(9) of
the 2008 Mitigation Rule, this review follows the credit release approval review process, which requires an IRT review
period of 15 calendar days from the date of this email notification or a scheduled site visit, if requested. Please provide
any comments by 5 PM on the 15-day comment deadline shown below. When providing comments please indicate if
your concerns are great enough that you recommend not issuing the credit release as proposed. Comments provided
after the 15-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 NCDMS and the NCIRT along with District Engineer's decision to approve or
disapprove this Final Record Drawing and initial credit release.

Please note that a site visit has been scheduled for August 4, 2023 at 9 AM to review the as-built conditions.

15-Day IRT Comment Start Date: July 31, 2023
15-Day IRT Comment Deadline: August 19, 2023 (15 days after the scheduled site visit)
45-Day Credit Release Approval Deadline: September 18, 2023

Project information and location of the FINAL As-Built Baseline Monitoring Report (MY0):
3

Pierce Terrace Mitigation Site
DMS Project# 100139
16‐007907—Issued 5/6/2019
Institution Date: 11/12/2019—Full Delivery
SAW-2020-00046
DWR# 2020034
Chowan River Basin
Cataloging Unit 03010203 & 03010204
Gates County, North Carolina
Provider: Restoration Systems, LLC, Ray Holz, 919-604-9314
NCDEQ - DMS PM: Jeremiah Dow, 919-218-0226

Mitigation Plan Credits:
108.401 WMUs (Non-Riparian)

As-built Credits (if different from the Mitigation Plan):
109.280 WMUs (Non-Riparian)*

As-Built-MY0 Credits:
32.784 WMUs (Non-Riparian)

Please note:
*Construction was completed in August 2022 and planting was completed on March 3, 2023. 2023 will be monitoring
year 1 for this project. The as-built wetland area is 0.373 acres less than the mitigation plan area due to a decrease of
1.878 acres of proposed wetland creation. There was an increase of 1.505 acres of re-establishment surveyed. We are
requesting a change of project credits from the mitigation plan amount of 108.401 to the as-built amount of 109.280. A
mitigation plan modification request has been submitted with the as-built report.

RIBITS Link:
https://ribits.ops.usace.army.mil/ords/f?p=107:10:7745536131484::::P10_BANK_ID:5586

Thank you,

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

4