20081143 Ver 1_Corps of Engineer Correspondence_20151203

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RcCEIVED
N C Dept of ENR
DEPARTMENT OF THE ARMY DEC 0 k
WILMINGTON DISTRICT, CORPS OF ENGINEERS
69 DARLINGTON AVENUE Winston-Salem
WILMINGTON, NORTH CAROLINA 28403-1343 Regional Office ,
December 3, 2015
Regulatory Division/1200A
Action ID: SAW -2007-01188
Ms. Tiffani Bylow
Restoration Systems, LLC
1101 Haynes Street, Suite 211
Raleigh, North Carolina 27604
Dear Ms. Bylow:
This correspondence is in reference to the Cripple Creek Stream and Wetland Mitigation
Bank you are developing located east of Roney -Lineberry Road, north of Woodbrooke Drive,
south of Deep Creek Church Road and west of North Fonville Road, in northeast Alamance
County, North Carolina, within the Cape Fear River Basin, Hydrologic Unit Code (HUC)
03030002. The purpose of this letter is to confirm the release of credits from this Bank upon
___--completion of Task 7 (5th Year Monitoring), as described in General Provision 19, of the
Mitigation Banking Instrument (MBI) for this project.
Pursuant to the Mitigation Banking Instrument (MBI) entitled, Cripple Creek Stream and
Wetland Mitigation Bank, dated December 1, 2009, ten percent (10%) of the Bank's wetland
restoration credits and fifteen percent (15%) of the Bank's stream restoration credits shall be
available for sale immediately upon completion of all of the following:
a. Submission of the 5th year monitoring report
b. Sponsor documents acceptable survival and growth of planted vegetation, and
attainment of acceptable wetland hydrology as described under the success criteria in the
monitoring section of the mitigation plan.
The Year 5 Annual Monitoring Report for the Cripple Creek Mitigation Bank was submitted
on October 19, 2015, and a site inspection of the Bank was conducted on November 9, 2015.
The report indicated that all six (6) groundwater gauges were operational through the year and
met the success criteria.
The report and site inspection also revealed that, overall; the planted vegetation plots did
meet the established success criteria. Specifically, the report indicates that Liquidambar
styraciflua (Sweetgum) comprises 15.4% of the total composition of the eleven (11) sample
vegetation plots. Section 6.2 of the Mitigation Plan states, no single volunteer species (most

notably red maple, loblolly pine and sweet gum) will comprise more than 20% of the total
composition at years 3, 5, or 7. As such, the vegetative success criteria have been achieved.
However, a review of each individual sample vegetation plot revealed that five (5) of the
eleven (11) plots had either Liquidamber styraciflua (Sweetgum) or Acer rubrum (red maple)
comprising greater than 20% of the total composition within the respective plots. Specifically,
Sweetgum comprised 61% of plot 3, and 66% of plot 6. Red Maple comprised 37% of plot 5,
26% of plot 9 and 27% of plot 10. As such, we recommend that you continue to monitor the
vegetation as required by the Mitigation Plan. Furthermore, should the site require any remedial
procedures, those procedures should be submitted to the Corps of Engineers as required by the
Mitigation Plan.
By copy of this correspondence, we confirm that you have satisfied the above requirements
and 673.05 linear feet of stream mitigation credits (SMCs) constituting 15% of the total stream
credits, are now available for sale. Additionally, 0.64 riparian wetland mitigation credits
(rWMCs) and 0.145 non -riparian wetland mitigation credits (nrWMCs) constituting 10% of the
Bank's wetland restoration credits are now available for sale. To date, 85 percent of the total
stream credits (3813.95 SMCs,) have been released and 80% of the total wetland credits (5.12
rWMCs and 1.16 nrWMCs) have been released. Our records indicate that 3140.5 SMCs, 4.14
rWMCs and 0.67 nrWMCs have been debited from the Bank. Therefore, the current total amount
of credits available is 673.45 SMCs, 0.98 rWMCs and 0.49 nrWMCs. Please confirm all of these
totals_on_y_our_mitigation bank -ledger.— —
Thank you for your time and cooperation. If you have any questions, please contact either
me at [phone], Extension 24 or Mr. Andrew Williams, telephone [phone],
extension 26.
Sincerely,
Jean B. Gibby
Chief, Raleigh Regulatory
Field Office
DISTRIBUTION:
Mr. Todd Allen Bowers
Wetlands Regulatory Section
US EPA Region 4
61 Forsyth Street, SW
Atlanta, GA 30303-8960
r
notably red maple, loblolly pine and sweet gum) will comprise more than 20% of the total
composition at years 3, 5, or 7. As such, the vegetative success criteria have been achieved.
However, a review of each individual sample vegetation plot revealed that five (5) of the
eleven (11) plots had either Liquidamber styraciflua (Sweetgum) or Acer rubrum (red maple)
comprising greater than 20% of the total composition within the respective plots. Specifically,
Sweetgum comprised 61% of plot 3, and 66% of plot 6. Red Maple comprised 37% of plot 5,
26% of plot 9 and 27% of plot 10. As such, we recommend that you continue to monitor the
vegetation as required by the Mitigation Plan. Furthermore, should the site require any remedial
procedures, those procedures should be submitted to the Corps of Engineers as required by the
Mitigation Plan.
By copy of this correspondence, we confirm that you have satisfied the above requirements
and 673.05 linear feet of stream mitigation credits (SMCs) constituting 15% of the total stream
credits, are now available for sale. Additionally, 0.64 riparian wetland mitigation credits
(rWMCs) and 0.145 non -riparian wetland mitigation credits (nrWMCs) constituting 10% of the
Bank's wetland restoration credits are now available for sale. To date, 85 percent of the total
stream credits (3813.95 SMCs,) have been released and 80% of the total wetland credits (5.12
rWMCs and 1.16 nrWMCs) have been released. Our records indicate that 3140.5 SMCs, 4.14
rWMCs and 0.67 nrWMCs have been debited from the Bank. Therefore, the current total amount
of credits available is 673.45 SMCs, 0.98 rWMCs and 0.49 nrWMCs. Please confirm all of these
totals_on_y_our_mitigation bank -ledger.— —
Thank you for your time and cooperation. If you have any questions, please contact either
me at [phone], Extension 24 or Mr. Andrew Williams, telephone [phone],
extension 26.
Sincerely,
Jean B. Gibby
Chief, Raleigh Regulatory
Field Office
DISTRIBUTION:
Mr. Todd Allen Bowers
Wetlands Regulatory Section
US EPA Region 4
61 Forsyth Street, SW
Atlanta, GA 30303-8960

Mr. William Cox, Chief
Wetlands and Marine Regulatory Section
US EPA — Region 4
61 Forsyth Street, SW
Atlanta Georgia 30303-8
Mr. Pete Benjamin
U.S. Fish and Wildlife Service
Fish and Wildlife Enhancement
Post Office Box 33726
Raleigh North Carolina 27636-3726
Mr. Fritz Rohde
Fishery Biologist
National Marine Fisheries Service
Habitat Conservation Division
101 Pivers Island Road
Beaufort, North Carolina 28516-9722
Ms. Sue Homewood
NC DENR Winston-Salem Regional Office
Division of Water Resources - Water Quality Programs
450 W. Hanes Mill Rd, Suite 300
Winston Salem NC 27105
Ms. Shari Bryant
NC Wildlife Resources Commission
Post Office Box 129
Sedalia, North Carolina 27342-0129
Mr. Todd Tugwell
US Army Corps of Engineers
11405 Falls of Neuse Road
Wake Forest, North Carolina 27587