20160981 Ver 1_Uzzle Year 5 Monitoring Credit Release

November 29, 2023

Regulatory Division

Subject: Year 5 Monitoring Report Review and Credit Release associated with Neu-Con
Umbrella Mitigation Bank – Uzzle Mitigation Site (AID SAW-2016-01973)

Mr. Heath Hidlay
EBX-Neuse I, LLC
3600 Glenwood Avenue, Suite 100
Raleigh, North Carolina 27612

Dear Mr. Hidlay:

This correspondence is in reference to the monitoring report and credit release
request submitted for the RES Neu-Con Umbrella Mitigation Bank, Uzzle Mitigation Site,
Action ID SAW-2016-01973. The purpose of this letter is to transmit comments provided
by the NC Interagency Review Team (NCIRT) during the review of the monitoring report
and to confirm the annual credit release.

The review of the annual monitoring report followed procedures outlined in Section
332.8(o)(9) of the Mitigation Rule. The comments listed below were provided by the
NCIRT during this process. While it is not necessary to provide a response to specific
comments at this time, please be sure to address the issues raised in future monitoring
report submittals.

Maria Polizzi, NCDWR
1. Overall, the monitoring data looks good, with nice stem counts, diversity, and heights.
DWR appreciates the continued treatment of invasive species.
2. On XS 2, the bank height ratio is right on the success criteria line, but has been stable
since MY3. DWR is interested in continuing to watch that reach to make sure the ratio
does not increase further.
3. Groundwater Well 1 has been at a very low hydroperiod for multiple years. DWR is
glad to see the installation of an additional well to account for this, but in the future it is
recommended to replace this well earlier than year 5 to allow for more time to record
new data.
DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
69 DARLINGTON AVENUE
WILMINGTON, NORTH CAROLINA 28403-1343

4. Please make section 1.7 “Year 5 Monitoring Performance” either the first or last
section in the report, rather than in the middle. This will allow DWR staff to more
easily see what is new in the current monitoring year and review monitoring reports
quicker.
a. Additionally, it is recommended that Easement boundary conditions be its own
subsection within section 1.7, rather than within the “vegetation” subsection.

Casey Haywood, USACE
1. Overall, the site appears to be performing as intended. I appreciate that RES is
diligently monitoring the easement boundary where the Highway 70 expansion is
occurring to ensure there are no impacts to the easement.
2. We support the addition of another gauge; however, it would’ve been helpful to have
additional hydrology data earlier in monitoring (MY4) since GWG1 has consistently
shown a low hydroperiod throughout monitoring. The report stated that the low
hydrology is because of a localized issue and proximity to the stream channel- do you
believe the location of the gauge is representative of the surrounding area?

Based on our review of the monitoring report and the results of the NCIRT review, we
confirm that you have satisfied requirements included in the approved banking instrument
and mitigation plan for this site. Accordingly, with this correspondence we confirm the
release of credits as shown on the attached credit release schedule.

Additionally, per the request included in your monitoring report submittal, we confirm
that you may release the bond (#K15480415) in the amount of $61,995.00.

Thank you for your interest in restoring and protecting waters of the United States. If
you have questions regarding this letter, please contact me by email at
[e-mail] or telephone [phone].

Sincerely,

Casey Haywood
Project Manager, Mitigation Branch
Enclosure

cc (by email):
NCIRT Distribution List
Project Name:
Sponsor Name:
USACE Action ID:
NCDWQ Action ID:
Non-Forested
Wetland
CreditsWarm
Water
Cool
Water
Cold
Water
Riparian
Riverine
Riparian
Non-Riverine Non-Riparian Coastal
2,876
2,876
Scheduled
Releases
Warm
Water
Cool
Water
Cold
Water
Scheduled
Releases
Riparian
Riverine
Riparian
Non-Riverine Non-Riparian Scheduled
Releases Coastal
1 (Bank/Site Establishment)1, 2 15%431.40 15%15%6/6/2019
2 (Year 0/As-Built)3 15%431.40 15%15%8/19/2019
3 (Year 1 Monitoring)10%287.60 10%10%2/25/2020
4 (Year 2 Monitoring)10%287.60 10%15%11/20/2020
5 (Year 3 Monitoring)10%287.60 15%20%12/1/2021
6 (Year 4 Monitoring)5%143.80 5%10%11/17/2022
7 (Year 5 Monitoring)10%287.60 15%15%12/15/2023
8 (Year 6 Monitoring)5%143.80 5%NA NA
9 (Year 7 Monitoring)10%287.60 10%NA NA 11/17/2022
Stream Bankfull Standard4 10%287.60 NA NA NA NA NA NA Varies4
Total Credits Release to Date 75%2157.00
Date
Wilmington District Mitigation Bank Credit Release Schedule
4 - A 15% reserve of credits to be held back until the bankfull event performance standard has been met.
1 - The first credit release milestone is based on the potential credits stated in the approved mitigation plan.
2 - The first credit release shall occur upon establishment of the mitigation bank, which includes the following criteria:
1) Execution of the MBI or UMBI by the Sponsor and the USACE;
2) Approval of the final Mitigation Plan;
3) Mitigation bank site must be secured;
4) Delivery of the financial assurances described in the Mitigation Plan;
5) Recordation of the long-term protection mechanism and title opinion acceptable to the USACE;
6) 404 permit verification for construction of the site, if required.
3 - The second credit release is based on the credit totals from the as-built survey, and may differ slightly from the credit totals stated in the mitigation plan.
Contingencies (if any): None
Signature of Wilmington District Official Approving Credit Release
Uzzle Stream Mitigation Project
EBX-Neuse I
SAW-2016-01973
2016-0981v1
Potential Credits from Mitigation Plan
Forested Wetland Credits
Total Potential Credits
Projected
Release Date
Actual Release
Date
Potential Credits from As-Built Survey
Stream Credits
Credit Classification
Non-Forested Wetland
CreditsForested Wetland CreditsStream Credits
Current and Future Credit Releases
Credit Release Milestone
Johnston
03020201
2/1/2019
10/11/2023
County:
8-Digit HUC:
Year Project Instituted:
Date Prepared:
29 November 2023