2024-10-07 SAW-2015-01815 Lowlands Site-Credit Release Request (MY-5) & Support Docs

October 7, 2024
US Army Corps of Engineers: Wilmington District
Mitigation Branch
Attn: Ms. Casey Haywood
3331 Heritage Trade Drive, Suite 105
Wake Forest, NC 27587
RE: Lowlands Site SAW #2015-01815- (MY 5) Credit Release Request
Dear Ms. Haywood:
Clearwater Mitigation Solutions respectfully request the Monitoring Year -5 credit
release for the Lowlands Mitigation Site pursuant to the Clearwater Neuse 01 UMBI
and approved mitigation plan for 5% of the total wetland credits. This credit release
amount would be 1.33 riparian wetland credits and 0.157 non-riparian wetland
credits. Also included in this letter is the bank credit release schedule per the USACE-
Wilmington template, the Lowlands Wetland Mitigation Site wetland credit ledgers,
and Year-5 Monitoring Report.
Pursuant to the Mitigation Banking Instrument (UMBI) entitled, Clearwater Neuse
01 Umbrella Mitigation Banking Instrument, 65 % of the mitigation site’s total
riparian wetland credits and non-riparian wetland credits were released on October
31, 2023, per the attached credit release schedule template. Subsequent credit release
request will follow the traditional credit release schedule beginning with the Year 5
Monitoring Report.

Let me know if you have any questions. Please do not hesitate to contact me with any
questions at [phone].
Sincerely,

Kevin Yates

Clearwater Mitigation Solutions
604 Macon Place, Raleigh, NC 27609
919-624-6901
[e-mail]
_____________________________________________________________________________________________
Page 21
Lowlands Mitigation Site Clearwater Mitigation Solutions
Amended Mitigation Plan July 2023
Neuse 01 - Johnston County, North Carolina
Table 8. Proposed Wetland Credit Release Schedule
Milestones Tasks
Mitigation
Bank
Release
(%)
Riparian
Credits
Non-
Riparian
Credits
Completion
/Anticipated
Release Date
Original Site
Establishment
1)Approval of the final Mitigation Plan;
2)Mitigation Site secured;
3)Delivery of the financial assurances;
4)Long-term protection mechanism and title
opinion accepted by the USACE
5)Issuance of the 404 permit.
15%
(15%)
---
Original Mitigation
Plan Implementation
1)Completion of earthwork, if required;
2)Completion of riparian plantings;
3)Approval of As-Built Survey by the Corps.
15%
(30%)
---
MY 1 – MY 4
Monitoring
1)Interim Performance Standards met;
2)Approval of Monitoring Report by the
Corps.
10%
(40%)
---
10%
(50%)
---
Conversion to
Mitigation Bank
1) Execution of UMBI
2) Approval of Amended Mit. Plan
3) Approval of most recent
Monitoring Report by the Corps.
4) Complete Planting of ACP ROW
5) Transfer of CE to LTM Steward
and fully fund endowment.
15%
(65%)17.23*2.041*2023
Year (5) - 2023
Monitoring
1)Visual Assessment;
2)Interim Performance Standards met;
3)Approval of Monitoring Report
by the Corps.
5 %
(70%)
1.33
(18.56)
0.157
(2.198)
April-24
Year (6) - 2024
Monitoring
1 Visual Assessment;
2) Interim Performance Standards met;
3) Approval of Monitoring Report
by the Corps.
15%
(85%)
3.97
(22.53)
0.471
(2.669)April-25
Year (7) - 2025
Monitoring
1)Visual Assessment;
2)Interim Performance Standards met;
3)Approval of Monitoring Report
by the Corps.
5%
(90%)
1.33
(23.86)
0.157
(2.826)
April-26
Year (8) - 2026
Monitoring
1) Final Performance Standards met;
2) Approval of Monitoring Report
by the Corps
10%
(100%)
2.65
(26.51)
0.314
(3.14)
April-27
Totals 100%26.51 3.14
*Agreed to Credit Release upon approval of UMBI and Mitigation Plan per discussions with IRT on 12/09/20
and 02/2022.
Bank Name/Site Name:Clearwater Neuse 01 UMBI - Lowlands Site
Sponsor Name:Clearwater Mitigaiton Solutions
USACE Action ID:SAW-2015-01815
Warm Water Cool Water Cold Water
Riparian
Riverine
Riparian
Non-Riverine Non-Riparian Coastal
Potential Credits from Mitigation Plan 26.510 3.140
Potential Credits From As-Built 26.510 3.140
1 (Bank/Site Establishment)1, 2 15%
2 (Year 0/As-Built)3 15%
3 (Year 1 Monitoring)10%
4 (Year 2 Monitoring)15%
5 (Year 3 Monitoring)20%
6 (Year 4 Monitoring)10%
7 (Year 5 Monitoring)15%
8 (Year 6 Monitoring)NA
9 (Year 7 Monitoring)NA
Stream Bankfull Standard4 NA
Warm Water Cool Water Cold Water
Riparian
Riverine
Riparian
Non-Riverine Non-Riparian Coastal
1 (Bank/Site Establishment)1, 2
2 (Year 0/As-Built)3
3 (Year 1 Monitoring)
4 (Year 2 Monitoring)
5 (Year 3 Monitoring)
6 (Year 4 Monitoring)17.230 2.041 10/31/2023
7 (Year 5 Monitoring)1.330 0.157
8 (Year 6 Monitoring)NA
9 (Year 7 Monitoring)NA
Stream Bankfull Standard4 NA NA NA
NA
Warm Water Cool Water Cold Water
Riparian
Riverine
Riparian
Non-Riverine Non-Riparian Coastal
Current Credit Release Request
Approved Credit Release
Credits Not Released (if any)6
Total Credits Released to Date
Signature of Wilmington District Official Approving Credit Release Date
Johnston
Neuse 03020201
MY-5
County:
Geographic Service Area:
Monitoring Year:
3 - The second credit release is based on the as-built survey, and may differ slightly from the credit totals stated in the mitigation plan.
Any discrepancy (either positive or negative) is accounted for during the second credit release.
4 - A 10% reserve of credits to be held back until the bankfull event performance standard has been met.
Signature above confirms that the sponsor has satisfied the monitoring requirements as provided in the mitigaiton plan, and constitues USACE approval
of credit release per Section 3332.8(0)(9) of the Mitigation Rule. Once signed, these credits are available for sale and should be updated on the credit
ledger for the site.
Comments and/or Conditions of 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.
7) Documentation of the establishment of the long-term endowment/escrow account.
Annual Credit Release Approval (to be completed by USACE Project Manager)
Stream Credits Wetand Credits
Credit Classification
Stream Credits Wetland Credits
10%
5%
10%
10%
5%
10%
NA
15%
15%
10%
10%
15%
Wilmington District Mitigation Bank Annual Credit Release Schedule and Approval
Total Potential Credits & Approved Release Schedule
Credit Classification
15%
Date of Credit
Release5
Stream Credits
Credit Classification
Wetland Credits
Scheduled Credit Release Amounts and Approval Dates
15%
10%
10%
10%
5% 5%
15%
Sale/ Release
Date
Transaction
Type
Released
Credits
Debited
Credits
Available
Credits Permittee Project Name Permit (SAW#) Impact HUC Comments
10/31/2023 Credit Release 17.230 17.230
Initial Credit Release - Bank Establishment 65%
2/9/2024 Withdrawl 0.854 16.376
JMS Investment
GroupLLC JMS Storage SAW-2023-01351 3020201
3/20/2024 Withdrawl 0.64 15.736 Meritage Homes Marshburn Manor SAW-2023-02104 3020201
9/19/2024 Withdrawl 2.261 13.475
South Granville Water
and Sewer Authority
I-85 Sewer
Improvements SAW-2023-00464 3020201
9/19/2024 Withdrawl 2.16 11.315
Raleigh-Durham
Airport Authority
Runway 5L/23R
Replacement Project SAW-2022-01559 3020201
9/19/2024 Withdrawl 2.83 8.485
Raleigh-Durham
Airport Authority
Runway 5L/23R
Replacement Project SAW-2022-01559 3020201
Executive Order 11990 and FAA FONSI & ROD
issued August 31, 2023
10/1/2024 Withdrawl 1.43 7.055 BCUS Acquisitions LLC
Ammons Property
Phase 1 of 4 SAW-2022-00367 3020201
Total:10.175 7.055
Clearwater Neuse 01 UMBI -Lowlands Wetland Mitigation Site
Neuse River Basin HUC 03020201
USACE AID#: 2015-1815
Riparian Wetland Ledger
Date Last Updated: 09/19/2024
Sale/ Release
Date
Transaction
Type
Released
Credits
Debited
Credits
Available
Credits Permittee Project Name Permit (SAW#) Impact HUC Comments
10/31/2023 Credit Release 2.040 2.040
Initial Credit Release - Bank Establishment 65%
Total:0 2.040
Clearwater Neuse 01 UMBI -Lowlands Wetland Mitigation Site
Neuse River Basin HUC 03020201
USACE AID#: 2015-1815
Non-Riparian Wetland Ledger
Date Last Updated: 07/09/2024
DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
69 DARLINGTON AVENUE
WILMINGTON, NORTH CAROLINA 28403-1343

October 31, 2023

Regulatory Division

SUBJECT: Initial Credit Release for the Clearwater Neuse 01 Umbrella Mitigation Bank
Instrument and Lowlands Wetland Site, Action ID SAW-2015-01815

Mr. Kevin Yates
Clearwater Mitigation
604 Macon Place
Raleigh, NC 27609

Dear Mr. Yates:

Please reference your correspondence of October 30, 2023, regarding the
Clearwater Neuse 01 Umbrella Mitigation Bank (UMB) and Lowlands Wetland Mitigation
Site, Action ID SAW-2015-01815. Your letter requested the initial release of credits for
this bank and transmitted documents required for our review.

The approved UMBI for the Clearwater Neuse 01 Umbrella Mitigation Bank
included the following requirements associated with the initial release of credits:
1. Execution of this UMBI by the Sponsor, the DE, and other agencies eligible for
membership in the IRT who choose to execute this agreement, to include the
approval of any modifications to this agreement when new sites are added to it;
2. Approval of a final Mitigation Plan;
3. Confirmation that the mitigation bank site has been secured;
4. Delivery of executed financial assurances as specified in the site-specific Mitigation
Plan;
5. Delivery of a copy of the recorded long-term protection mechanism as described in
as specified in the site-specific Mitigation Plan, as well as a title opinion covering the
property acceptable to the DE; and
6. Issuance of any DA permits necessary for construction of the mitigation site (if
necessary);
7. Documentation of the establishment of the long-term endowment/escrow account.
With this correspondence, we confirm that you have provided the necessary
documentation to demonstrate that you have successfully met the above requirements.

-2-

Additionally, because the Lowlands Wetland Mitigation Site was converted from an
existing permittee-responsible mitigation site to a mitigation bank site, the initial credit
release associated with this site does not follow the standard release schedule. The
site has already been constructed and monitored for four years, so the Final Approved
Mitigation Plan providers for an initial credit release of 65% of the total credits from the
site upon completion of the following additional milestones:
1. Execution of UMBI;
2. Approval of Amended Mitigation Plan;
3. Approval of most recent Monitoring Report by the Corps;
4. Complete Planting of ACP ROW; and
5. Transfer of the conservation easement to the long-term steward and fully funding the
endowment.
With this correspondence, we also confirm that you have provided the necessary
documentation to demonstrate that you have successfully completed these additional
actions. Accordingly, we confirm that 17.230 Riparian Wetland Credits and 2.041 Non-
Riparian Wetland Credits, constituting 65% of the site’s total credits, are now released
and available for sale.

Please remember that as the bank sponsor you accept all risk, liability, and
responsibility for the success of all mitigation activities associated with the approved
mitigation bank site. Additionally, you must submit annual monitoring reports in
accordance with the approved mitigation plan to demonstrate that the site is meeting the
approved performance standards to receive future releases of credits. Further, it is your
responsibility as the bank sponsor to provide the Corps with signed Mitigation
Responsibility Transfer Forms promptly following all credit sales, and to update the
ledger for the bank site on the Regulatory In-lieu Fee and Bank Information Tracking
System (RIBITS). When all wetland credits have been consumed, no more credits may
be sold from this mitigation site.

Please note that this electronic copy provided to you via email is your official
copy. Should you wish to receive a paper copy of this correspondence, please contact
us. Thank you for your time and cooperation. If you have any questions, please contact
me by email at [e-mail] or by phone at [phone].

Sincerely,

Todd Tugwell
Chief, Mitigation Branch

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