[External] Notice of Credit Release and As-Built Approval/WLS Upper Rocky UMBI- Upper Rocky Mitigation Site/SAW-2015-01816/Mecklenburg County

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Good morning Cara,

This correspondence is in reference to the monitoring report and credit release request submitted for the WLS Upper Rocky Umbrella Mitigation Banking Instrument, Upper Rocky Mitigation
Site, Action ID SAW-2015-01816. 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. Thank you for completing and documenting the repair activities this year. Please continue to update the IRT about the progress and/or stability of these areas in next year’s monitoring
report.
2. DWR recommends that repairs be planned for the piping structure documented at SPA4. Although there may not be significant issues arising from this yet, it is important to fix known
problems areas before they get to a point of failure.
3. Thank you for including the comparison photographs between MY0 and this year, those are a great visual! The streamside veg appears to be developing well.
4. Based on the photo “PS-6 R2 Culvert- Upstream”, it appears that the log drop-structure below the culvert may be impeding aquatic passage based on the height / large size of the log.
If this is the case, would it be possible to add another small structure to step this down more gradually?
5. The majority of the wetland hydrology looks good, however, gauges 8, 13 and 15 are concerning (gauge 12 is also low, but looks more promising than the other 3). DWR is glad to see
that additional groundwater wells will be installed near gauges 8 and 13, but also recommends an additional well near gauge 15, perhaps on the other side of the easement break. Since
these wells are located within larger wetlands with other wells in the same wetland unit showing good hydrology it makes it difficult to determine the exact scope of drier areas.

Steve Kichefski, USACE

1. Please ensure the most current CE boundary is utilized for project figures.
2. We appreciate the clear tracking of problem areas. Continue this through the monitoring period.
3. Table 5a labels the random veg plots #13-15. Please change those numbers to be consistent with Table 5b and figures.
4. USACE supports the additional groundwater well installation near gauges 8 and 13. Additional gauging within wetland areas may be requested depending on the outcome of the proposed
utility/greenway modification.
5. USACE is also concerned about the piping documented at SPA4 and briefly visited a portion of this site on 2/27/2024 (including this structure). On the day of my visit it was raining
and a small portion of flow was going over the edge of the log structure demonstrating the ability for at least occasional aquatic life passage. Please continue to monitor closely for
piping to correct itself or any signs of instability. Is any regular flow (base flow) going over the log structure in order to slow down its decay?
6. During the site visit a portion of R2 downstream of SPA4 was showing signs of destabilization. Please confirm and update the IRT with status and recommendations.
7. Also, during the site visit, there were encroachment concerns along the greenway and behind the houses on Quiet Brook Lane. Please address these encroachments and update the IRT.
Additional CE markings are needed in the area of Quiet Brook Lane.

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 table below and on the attached credit release schedule. The District ledger
on the Regulatory In-lieu Fee and Bank Information Tracking System has also been updated to reflect this transaction.

Release Activity

Date of Release

Credit Classification

Stream Credits

Wetland Credits

Warm Water

Cool Water

Cold Water

Riparian Riverine

Riparian
Non-Riverine

Non-Riparian

Coastal

Current Credit Release Request

900.100

-

-

0.857

-

-

-

Approved Credit Release

900.100

-

-

0.857

-

-

-

Credits Not Released (if any)

-

-

-

-

-

-

-

Total Credits Released to Date

4500.500

-

-

4.786

-

-

-

Thank you for your interest in restoring and protecting waters of the United States. Please note that this electronic copy is an official Department of Army notification regarding this
transaction. If you have questions regarding this email, please contact me by email at [e-mail] or telephone [phone].

Steve Kichefski

Regulatory Project Manager

U.S. Army Corps of Engineers

Wilmington District, Mitigation Branch

(828)-271-7980 Ext. 4234

(828)-933-8032 cell

Enclosure

cc (by email):

NCIRT Distribution List

From: Davis, Erin B CIV USARMY CESAW (USA) <[e-mail]>
Sent: Monday, December 4, 2023 8:03 AM
To: Tugwell, Todd J CIV USARMY CESAW (USA) <[e-mail]>; Kichefski, Steven L CIV USARMY CESAW (USA) <[e-mail]>; 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]
v>; Polizzi, Maria <[e-mail]>; Munzer, Olivia <[e-mail]>; Wilson, Travis W. <[e-mail]>; Dave McHenry <[e-mail]>
Cc: Cara Conder <[e-mail]>
Subject: Notice of Year 2 Monitoring Report Review / WLS Upper Rocky UMB - Upper Rocky/ SAW-2015-01816/ Mecklenburg County

Good morning IRT,

The below referenced bank Sponsor has submitted an Annual Monitoring Report for NCIRT review and is requesting a release of credits. The Annual Monitoring Report has been posted to
the RIBITS Cyber Repository.

This review will follow the process outlined for Credit Release Approval in the 2008 Mitigation Rule (Section 332.8(o)(9)), which requires an IRT review period of 15 calendar days from
the date of this email notification. Please provide any comments by 5 PM on the comment deadline shown below. Comments provided after the 15-day comment deadline may not be considered.
Within 30 days of the conclusion of the IRT review period (comment deadline), a copy of all comments will be provided to the bank Sponsor and the IRT along with District Engineer's
intent to approve or disapprove this credit release.

15-Day Comment Start Date: December 8, 2023

15-Day Comment Deadline: December 22, 2023

45-Day Credit Release Approval Deadline: January 21, 2024

NOTE: Deadlines will be extended if an on-site meeting is requested, and comments will be due 15-days following the site visit.

Project Information:

Sponsor: Water & Land Solutions, LLC

Bank Name: Upper Rocky UMB

Site Name: Upper Rocky Mitigation Site

USACE ID: SAW-2015-01816

River Basin: Yadkin

HUC: 03040105

County: Mecklenburg

Sponsor POC: Cara Conder, [e-mail] <mailto:[e-mail]>

USACE PM: Steve Kichefski [e-mail] <mailto:[e-mail]>

USACE Mit Specialist: Erin Davis, [e-mail] <mailto:[e-mail]>

Credit Release Activities: Year 2 Annual Monitoring (10% SMUs)

Credit Release Requested: 900.10 warm water stream credits and 0.857 riparian wetland credits

RIBITS Cyber Repository Link: https://ribits.ops.usace.army.mil/ords/f?p=107:278:3640608239291:::RP,278:P278_BANK_ID:4396 <https://gcc02.safelinks.protection.outlook.com/?url=https%3A%2F%2Fribits.ops
.usace.army.mil%2Fords%2Ff%3Fp%3D107%3A278%3A3640608239291%3A%3A%3ARP%2C278%3AP278_BANK_ID%3A4396&data=05%7C02%7Cmaria.polizzi%40deq.nc.gov%7Cf176856798534dfe418708dc3c56ad08%7C7a7681dcb9d0449a85c3ec
c26cd7ed19%7C0%7C0%7C638451590648606485%7CUnknown%7CTWFpbGZsb3d8eyJWIjoiMC4wLjAwMDAiLCJQIjoiV2luMzIiLCJBTiI6Ik1haWwiLCJXVCI6Mn0%3D%7C0%7C%7C%7C&sdata=QdUlRxF%2FUI7XjorohL0QUs9FF9IrdVz%2BVesrcFXrpX4%3
D&reserved=0>

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

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4. USACE supports the additional groundwater well installation near gauges 8 and 13. Additional gauging within
wetland areas may be requested depending on the outcome of the proposed utility/greenway modification.
5. USACE is also concerned about the piping documented at SPA4 and briefly visited a portion of this site on
2/27/2024 (including this structure). On the day of my visit it was raining and a small portion of flow was going
over the edge of the log structure demonstrating the ability for at least occasional aquatic life passage. Please
continue to monitor closely for piping to correct itself or any signs of instability. Is any regular flow (base flow)
going over the log structure in order to slow down its decay?
6. During the site visit a portion of R2 downstream of SPA4 was showing signs of destabilization. Please confirm
and update the IRT with status and recommendations.
7. Also, during the site visit, there were encroachment concerns along the greenway and behind the houses on
Quiet Brook Lane. Please address these encroachments and update the IRT. Additional CE markings are needed
in the area of Quiet Brook Lane.

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 table below and on the attached credit release
schedule. The District ledger on the Regulatory In-lieu Fee and Bank Information Tracking System has also been updated
to reflect this transaction.

Release Activity Date of Release
Stream Credits Wetland Credits
Riparian
Credit Classification
Warm Cool Cold Riparian Non-
Non-Coastal
Water Water Water Riverine Riparian
Riverine
- - - -
Current Credit Release Request 900.100 - 0.857
- - - - -
Approved Credit Release 900.100 0.857
- - - - -
Credits Not Released (if any) - -
- - - - -
Total Credits Released to Date 4500.500 4.786

Thank you for your interest in restoring and protecting waters of the United States. Please note that this electronic copy
is an official Department of Army notification regarding this transaction. If you have questions regarding this email,
please contact me by email at [e-mail] or telephone [phone].

Steve Kichefski
Regulatory Project Manager
U.S. Army Corps of Engineers
Wilmington District, Mitigation Branch
(828)-271-7980 Ext. 4234
(828)-933-8032 cell

Enclosure

cc (by email):
NCIRT Distribution List

From: Davis, Erin B CIV USARMY CESAW (USA) <[e-mail]>
Sent: Monday, December 4, 2023 8:03 AM
To: Tugwell, Todd J CIV USARMY CESAW (USA) <[e-mail]>; Kichefski, Steven L CIV USARMY
CESAW (USA) <[e-mail]>; Isenhour, Kimberly T CIV USARMY CESAW (USA)
2

<[e-mail]>; Haywood, Casey M CIV USARMY CESAW (USA)
<[e-mail]>; Bowers, Todd <[e-mail]>; Hamstead, Byron
<[e-mail]>; Polizzi, Maria <[e-mail]>; Munzer, Olivia
<[e-mail]>; Wilson, Travis W. <[e-mail]>; Dave McHenry
<[e-mail]>
Cc: Cara Conder <[e-mail]>
Subject: Notice of Year 2 Monitoring Report Review / WLS Upper Rocky UMB - Upper Rocky/ SAW-2015-01816/
Mecklenburg County

Good morning IRT,

The below referenced bank Sponsor has submitted an Annual Monitoring Report for NCIRT review and is requesting a
release of credits. The Annual Monitoring Report has been posted to the RIBITS Cyber Repository.

This review will follow the process outlined for Credit Release Approval in the 2008 Mitigation Rule (Section 332.8(o)(9)),
which requires an IRT review period of 15 calendar days from the date of this email notification. Please provide any
comments by 5 PM on the comment deadline shown below. Comments provided after the 15-day comment deadline
may not be considered. Within 30 days of the conclusion of the IRT review period (comment deadline), a copy of all
comments will be provided to the bank Sponsor and the IRT along with District Engineer's intent to approve or
disapprove this credit release.

15-Day Comment Start Date: December 8, 2023
15-Day Comment Deadline: December 22, 2023
45-Day Credit Release Approval Deadline: January 21, 2024

NOTE: Deadlines will be extended if an on-site meeting is requested, and comments will be due 15-days following the
site visit.

Project Information:
Sponsor: Water & Land Solutions, LLC
Bank Name: Upper Rocky UMB
Site Name: Upper Rocky Mitigation Site
USACE ID: SAW-2015-01816
River Basin: Yadkin
HUC: 03040105
County: Mecklenburg

Sponsor POC: Cara Conder, [e-mail]
USACE PM: Steve Kichefski [e-mail]
USACE Mit Specialist: Erin Davis, [e-mail]

Credit Release Activities: Year 2 Annual Monitoring (10% SMUs)
Credit Release Requested: 900.10 warm water stream credits and 0.857 riparian wetland credits

RIBITS Cyber Repository Link:
https://ribits.ops.usace.army.mil/ords/f?p=107:278:3640608239291:::RP,278:P278_BANK_ID:4396
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
3

Erin B. Davis
Mitigation Specialist, Regulatory Division
U.S. Army Corps of Engineers, Wilmington District
[phone] work cell

4