20180066 Ver 1_Dead Oak MY2 IRT Comments and Credit Release

Fw: [External] Notice of Year 2 Credit Release/ RES French Broad 05 UMB - Dead Oak Mitigation Site/ SAW-2018-00095/
Buncombe County
Polizzi, Maria <[e-mail]>
Tue 1/2/2024 10:06 AM
To:Friedman-Herring, Andrew <[e-mail]>
0 2 attachments (443 KB)
2018-00095 Dead Oak Year 2 Monitoring Credit Release.pdf; RES_F1305_Dead Oak_MY2 CR Schedule.pdf;
Last one- thank you!!
Maria Polizzi
Stream and Wetland Mitigation Coordinator
401 & Buffer Permitting Branch
Division of Water Resources, NCDEQ
Office: (919)-707-9083 Cell: (919)-815-4586
Email: [e-mail]
Address: 512 N. Salisbury St., Archdale Building 942-H, Raleigh, NC
US Mail: 1617 Mail Service Center, Raleigh, NC 27699-1617
i:i'J� � �mM'1 83 FIIYYRtlrtrrj� 4L.1���
From: Kichefski, Steven L CIV USARMY CESAW (USA) <[e-mail]>
Sent: Wednesday, December 27, 2023 3:50 PM
To: Daniel Ingram<[e-mail]>; Jamey McEachran <[e-mail]>
Cc: Leslie, Andrea J <[e-mail]>; Wilson, Travis W. <[e-mail]>; Polizzi, Maria <[e-mail]>; Bowers,
Todd <[e-mail]>; Hamstead, Byron A <[e-mail]>; Davis, Erin B CIV USARMY CESAW (USA) <[e-mail]>;
Haywood, Casey M CIV USARMY CESAW (USA) <[e-mail]>; Tugwell, Todd J CIV USARMY CESAW (US)
<[e-mail]>
Subject: [External] Notice of Year 2 Credit Release/ RES French Broad 05 UMB - Dead Oak Mitigation Site/ SAW-2018-00095/ Buncombe County

CAUTION: External email. Do not click links or open attachments unless verified. Report suspicious emails with the Report Message button located on your Outlook menu
bar on the Home tab.
Good afternoon Daniel,
Attached is the Year 2 monitoring credit release letter and the signed credit release schedule for the: SAW-2018-00095 /EBX, LLC/RES French Broad 05
UMBI/Dead Oak Year Monitoring Report. IRT comments on the MY2 Report are incorporated in the letter.
This electronic copy is an official Department of the Army Notification. If you wish to receive a paper copy, one will be mailed upon request. Please let me
know if you have any questions.
Regards,
Steve Kichefski
Regulatory Project Manager
U.S. Army Corps of Engineers
Wilmington District, Mitigation Branch
(828)-271-7980 Ext. 4234
(828)-933-8032 cell
The Wilmington District is committed to providing the highest level of support to the public. To help us ensure we continue to do so, please complete the
Customer Satisfaction Survey located at our website at https://regulatory.ops.usace.army.mil/customer-service-survey/ to complete the survey online.
Thank you,
From: Davis, Erin B CIV USARMY CESAW (USA)
Sent: Thursday, November 9, 2023 7:29 AM
To: Tugwell, Todd J CIV USARMY CESAW (USA) <[e-mail]>; Kichefski, Steven L CIV USARMY CESAW (USA)
<Steven. L. Kichefski @ usace.a rmy. mil>; Isenhour, Kimberly T CIV USARMY CESAW (USA) <[e-mail]>; Haywood, Casey M CIV
USARMY CESAW (USA) <[e-mail]>; Bowers, Todd <[e-mail]>; Hamstead, Byron <[e-mail]>;
Polizzi, Maria <[e-mail]>; Leslie, Andrea J <[e-mail]>; Wilson, Travis W. <[e-mail]>; Dave
McHenry <[e-mail]>
Cc: Daniel Dixon <[e-mail]>; Jamey McEachran <[e-mail]>
Subject: Notice of Year 2 Monitoring Report Review/ RES French Broad 05 UMB - Dead Oak Mitigation Site/ SAW-2018-00095/ Buncombe County
Hello IRT,

The below referenced Annual Monitoring Report review and associated MY 2 Credit Release has been requested by the bank sponsor. The Annual
Monitoring Report has been posted to the RIBITS site for this bank and are now available for download (see link to Cyber Repository below). 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. Within 30 days of the conclusion of the IRT review 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.
15-Day Comment Start Date: November 13, 2023
15-Day Comment Deadline: November 28, 2023
45-Day Credit Release Approval Deadline: December 28, 2023
Project Information:
Bank Name: RES French Broad 05 UMB
Site Name: Dead Oak Mitigation Site
Sponsor:
RES
Sponsor POC:
Daniel Dixon, Project Ecologist, [e-mail], [phone]
USACE ID:
SAW-2018-00095
Location:
35.71 N, -82.66 W
County:
Buncombe
HUC:
6010105
River Basin:
French Broad
USACE Bank PM: Steve Kichefski Steven. [e-mail] (828)-933-8032
USACE Bank Mit Specialist: Erin Davis, Erin. [e-mail], [phone]
Credit Release Activities: Year 2 Annual Monitoring (10% SMUs)
Credit Release Requested: 636.194 Cool Water Stream Credits
RIBITS Cyber Repository Link: https://ribits.ops.usace.army.mil/ords/f?p=107:278:1326252822646 -.-RP,278:P278 BANK ID:4911
Please note that you must be logged in to access documents in the cyber repository.
When submitting comments please indicate if you are requesting a site visit. Please reach out if you have any questions.
Thank you,
Erin
Erin B. Davis
Mitigation Specialist, Regulatory Division
U.S. Army Corps of Engineers, Wilmington District
[phone] work cell

Email correspondence to and from this address may be subject to the North Carolina Public Records Law and may be disclosed to third parties by an authorized state official.

DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
69 DARLINGTON AVENUE
WILMINGTON, NORTH CAROLINA 28403-1343
December 27, 2023
Regulatory Division
Subject: Year 2 Monitoring Report Review and Credit Release associated with RES
French Broad 05 Umbrella Mitigation Bank — Dead Oak Mitigation Site (AID SAW-2018-
00095)
Mr. Daniel Dixon
EBX-Neuse I, LLC
3600 Glenwood Avenue, Suite 100
Raleigh, North Carolina 27612
Dear Mr. Dixon:
This correspondence is in reference to the monitoring report and credit release
request submitted for the RES French Broad 05 Umbrella Mitigation Bank — Dead Oak
Mitigation Site, Action ID SAW-2018-00095. 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.
Andrew Fried man-Herrina. NCDWR
1. Page 9, Stream Geomorphology Section: RES describes a boulder sill that may be
preventing aquatic life passage due to height of the structure but indicated that no
repairs are needed currently. Is sediment expected to accumulate in this area, raising
the elevation? Please provide more detail about why RES has elected to wait on this
repair and an estimate on when a decision will be made to adjust, if needed. It would
be ideal to remedy this sooner rather than later, unless the situation is already
corrected or is likely to self -correct in the near future.
2. A few of the plots have a very high proportion of sycamore stems, but sitewide plot
diversity looks good.

3. Overall, the site seems great, and DWR supports the proposed credit release.
Dave McHenry, NC WRC
1. 1 do recall some concerns were raised regarding an unstable access road along a
preservation or maybe enhancement reach, but I believe as noted in the report they
addressed that with the wattles and perhaps matting?
Steve Kichefski/Erin Davis, USACE
1. With livestock now actively grazing outside of the project, please closely monitor
previously identified areas with erosional features where vegetative stabilization
measures were taken. The 2023 repairs included waddles for spreading flow which is
a temporary solution. Update annually on these areas so we can track whether
vegetation is able to more permanently resolve the concentrated runoff issues.
2. Discussing the status of specific cross sections in the Stream Geomorphology section
was helpful since these areas did stand out in the Appendix D tables and plots. The
riffle narrowing at cross sections 29 and 33 are a bit concerning, as is the pool depth
at cross section 11. Is the presence of in -channel vegetation an issue along any
reaches?
3. In the MY1 report, stream repairs were proposed for FC6, FC4-A and the FC7-A
crossing. However, the completed stream repairs discussion in the MY2 report
doesn't mention addressing the previously noted scour and headcuts along FC4-A.
What is the current condition of this reach? In addition to the aquatic passage concern
of the FC7 crossing, high drop structures were noted along FC2 and FC5 during the
IRT as -built site walk. What is the current aquatic passage risk assessment for these
structures?
4. CCPV — This is likely a product of map scaling, but please make sure all reach labels
are visible (e.g., FC6-A, FC8, FC10, FC11).
5. Thank you for including crossing photos. The purpose of requesting these photos is to
check that the crossing appears to be functioning properly, culverts aren't perched,
adjoining banks aren't showing signs of scour/destabilization, and encroachments
aren't visible. Please consider these items when taking future crossing photos.
6. Table 7 —
a. The narrative mentions that no volunteers were noted within the veg plots.
However, common hackberry, green ash and swamp chestnut oak are not
included in the Table 5 planted species summary. Please explain.
b. Comment #5 response from last years monitoring report review had a similar
comment and the response stated, "We believe this was a mistake in data
processing and was inadvertently included." When providing response to this
question please consider last years data and provide an update clarifying this
issue.
7. Please confirm all appropriate lines are shown on all cross section plots (i.e., low
bank, floodprone area).
8. The FC5-A flow gauge graph shows multiple dips below the stream bed that were still
counted towards consecutive days flow. The response to the MY1 IRT comment was
that these drops were for less than 24 hours and therefore not considered loss of flow.
Typically the IRT has considered any drop below stream bed elevation as a loss of
flow that should not continue the consecutive flow days count. Please provide more

information about this issue and why those dips should count toward consecutive
flow. Is this related to the times measured per day, to incorrect elevations, or very low
flowing stream heights... would a camera help resolve this issue?
9. Please add the stream bed line to the stage recorder graphs.
10. Please include sampling dates to Table 14 Nutrient/Bacteria Water Quality Summary.
11. This would be a good site to visit next year during the MY3 review.
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 agree to
the M&M bond reduction for Bond No. 9409248 in conjunction with the Year 2 credit
release. The penal sum at Year 2 should be $184,285.71 for a reduction of $36,857.14,
per the bond reduction schedule.
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
Steven. L.Kichefski(5)usace.army. miI or telephone [phone].
Sincerely,
Steve Kichefski
Project Manager, Mitigation Branch
Enclosure
cc (by email):
NCIRT Distribution List

Project Name:
Sponsor Name:
USACE Action ID:
NCDWQ Action ID:
Wilmington District Mitigation Bank Credit Release Schedule
Dead Oak Stream Mitigation Site
EBX
SAW-2018-00095
DWR # 2018-0066v1
County:
8-Digit HUC:
Year Project Instituted:
Date Prepared:
Total Potential Credits
Non -Forested
Stream Credits
Forested Wetland Credits
Wetland Credits
Credit Classification
Warm
Riparian
Riparian
Cool Water
Cold Water
Non -Riparian
Coastal
Water
Riverine
Non-Riverine
Potential Credits from Mitigation Plan
6,464.332
Potential Credits from As -Built Survey
6,464.332
Buncombe
06010105
2021
10/25/2023
Current and Future Credit Releases
Stream Credits
Forested Wetland Credits
Non -Forested Wetland
Credits
Projected
Actual Release
Credit Release Milestone
Scheduled
Releases
Warm
Water
Cool Water
Cold Water
Scheduled
Releases
Riparian
Riverine
Riparian
Non-Riverine
Non -Riparian
Scheduled
Releases
Coastal
Release Date
Date
1 (Bank/Site Establishment)1'z
15%
1044.916
15%
15%
12/30/2020
12/30/2020
2 (Year 0/As-Built)'
15%
942.410
15%
15%
11/15/2022
9/30/2022
3(Year 1 Monitoring)
10%
659.900
10%
10%
3/30/2023
6/30/2023
4(Year 2 Monitoring)'
10%
636.194
10%
15%
12/31/2023
12/27/2023
5 (Year 3 Monitoring)
10%
636.183
15%
20%
6 (Year 4 Monitoring)
5%
326.001
5%
10%
7 (Year 5 Monitoring)
10%
636.183
15%
15%
8 (Year 6 Monitoring)
5%
318.091
5%
NA
NA
9 (Year 7 Monitoring)
10%
636.183
10%
NA
NA
Stream Bankfull Standard
10%
628.271
NA
NA
NA
NA
NA
NA
1 Varies°
Total Credits Release to Date
2647.226
Signature of Wilmington District
5 h-
Approving Credit Release
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.
4 - A 10% reserve of credits to be held back until the bankfull event performance standard has been met.
5 -<< Adjusted based on "0.011" missing from MY1 credit release letter.
12/27/2023
Date