CEModificationApproval_WLS Upper Rocky UMB_SAW-2015-01816_8August2024

August 7, 2024

Regulatory Division

Re: WLS Upper Rocky Umbrella Mitigation Bank (Action ID # SAW-2015-01816)
Conservation Easement Modification request associated with the proposed Mayes
Meadow Development and Town of Cornelius Greenway

Mr. Daniel Ingram
Water & Land Solutions, LLC
7721 Six Forks Road, Suite 130
Raleigh, North Carolina 27615

Dear Mr. Ingram:

Please reference the correspondence received by the United States Army Corps of
Engineers (USACE) on October 4, 2023, regarding the proposal to modify the Upper
Rocky Conservation Easement to accommodate the proposed Mayes Meadows
subdivision and Town of Cornelius greenway. The submittal package was prepared by
Bayard (developer) in coordination with Water & Land Solutions, LLC (WLS) and Unique
Places to Save (UP2S). Also please reference the updated modification proposal
submitted by WLS on June 10, 2024.

Based on the information submitted with this request, the direct impacts to the
mitigation site will include a sewer line and a greenway crossing both wetlands and
streams within the current conservation easement. Both impacts will require right of way
easements which must be removed from the conservation easement for the mitigation
site. Combined the projects will result in the direct removal of 176.75 linear feet (lf) of
restored stream, 0.363 acre (ac) of wetland and 1.272 ac of easement from the WLS
Upper Rocky Umbrella Mitigation Bank (Bank) and its conservation easement. This will
result in the removal of 322.06 SMU’s and 0.361 WMU’s from the Bank. Since this project
is still in monitoring, the credit associated with these areas will be removed from the
schedule for future releases. In addition, Bayard has committed to adding 597 lf of
stream, 0.412 ac of wetland and 1.288 ac of buffer to the Bank Conservation Easement.
These additions to the Bank are intended to help offset Bank losses but are not earning
additional bank credit.

DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
69 DARLINGTON AVENUE
WILMINGTON, NORTH CAROLINA 28403-1343

It is our understanding that UP2S is the long-term steward and easement holder for
the Upper Rocky Mitigation Bank and they require approval from the USACE in order to
release the affected property within the conservation easement. With this
correspondence, we confirm that the easement may be amended to remove the portion
associated with the Mayes Meadow subdivision and the Town of Cornelius Greenway in
accordance with the revised project request received from WLS on June 10, 2024.

Please note that this correspondence does not provide approval for any direct impacts
to Waters of the U.S. associated with the proposed Mayes Meadow Development. Any
local, state or federal permit authorizations (such as 404) required for construction of the
project must be obtained by the project proponents prior to conducting the work.

Thank you for bringing this project to our attention, and for the efforts you have made
to coordinate responses between the District, NCIRT and project proponents. If you have
questions regarding this letter, please contact me by email at
[e-mail] or telephone [phone].

Sincerely,

Steve Kichefski
Project Manager
Wilmington District Mitigation Branch

Enclosure

cc (by email):
NCIRT Distribution List
Ken Holbrooks – Bayard Development LLC
Michael Scisco – Unique Places to Save
Sue Homewood – NCDWR
Swade Hammond – USACE
Christopher Hopper - USACE
Carmela Stock - USACE