20111022 Ver 1_Year 4 credit release (SAW-2011-01930)_20190905

Strickland, Bev
From: Kichefski, Steven L CIV USARMY CESAW (US) <Steven. [e-mail]>
Sent: Thursday, September 05, 2019 12:38 PM
To: Brent Manning
Cc: Price, Zan (George); Haupt, Mac; Davis, Erin B; Tugwell, Todd J CIV USARMY CESAW
(US); Kim Browning; Leslie, Andrea J; Bowers, Todd; [e-mail]; Jones,
M Scott (Scott) CIV USARMY CESAW (USA)
Subject: [External] Anderson Farm Year 4 credit release (SAW -2011-01930)
Attachments: SAW-2011-01930_AndersonFarms_YR4CreditRelease.pdf
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Good afternoon Brent,
Please find attached the Year4 Credit Release letter for the Site (SAW -2011-01930). As discussed during our March 12,
2019 site visit and as requested in your March 16, 2019 email request, 10% credit (366.3 SMU's) is being released for the
Year 4 performance/monitoring objectives. Also discussed during our March 12, 2019 site visit and subsequent emails, a
portion of the remaining site credit will be held pending correction of the invasive species issues and the site closeout
will be delayed a minimum of two growing seasons until these treatments show significant progress. During this time the
monoculture of pine will continue being managed on the downstream portion of UT3 and visual/photographic
monitoring of the site will continue to be reported at least annually, but other monitoring activities laid out in the final
plan can be discontinued.
I would like to visit the site prior to the kudzu dying back this fall, are you available for a visit Sept 9-12 or 16-20? How
soon do you anticipate submitting the status update for this site ... would it be available prior to a September visit?
Feel free to contact me with any questions.
This electronic copy is an official Department of the Army Notification. However, if you wish to receive a paper copy, one
will be mailed upon request.
Regards,
Steve Kichefski
Regulatory Project Manager
U.S. Army Corps of Engineers
Wilmington District, Asheville Field Office
151 Patton Avenue, Suite 208
Asheville, NC 28801
(828)-271-7980 Ext. 4234
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
http://corpsmapu.usace.army.mil/cm_apex/f?p=136:4:0 to complete the survey online.

-----Original Message -----
From: Brent Manning [mailto:[e-mail]]
Sent: Monday, March 25, 2019 4:46 PM
To: Kichefski, Steven L CIV USARMY CESAW (US) <[e-mail]>
Cc: P. E. Zan Price ([e-mail]) <[e-mail]>; Haupt, Mac <[e-mail]>; Tugwell,
Todd J CIV USARMY CESAW (US) <[e-mail]>; Andrea Leslie (Andrea. [e-mail])
<[e-mail]>
Subject: Re: [Non-DoD Source] Anderson Farm credit ledger/financials
All,
Thanks for agreeing to release 10% of the credits. As I mentioned at our meeting, the on-site removal is underway and
will continue until conditions are satisfactory.
By my records, 1,404 credits have been sold. Based on average price of $350 each, the account should have been funded
with $9,828 (2% of sales revenue). The attached account statement shows a balance of $9,851.53 as of 2/28/19.
Appreciate everyone's time and effort on this project. I'll keep you posted on the invasive work as things progress.
Please let me know if you need any additional information from me.
Thanks
Brent
On Mon, Mar 25, 2019 at 8:18 AM Kichefski, Steven L CIV USARMY CESAW (US) <Steven. L. Kichefski @usace.army. miI
<mailto:Steven. L. Kichefski @ usace.army.mil> > wrote:
Brent,
I verified that 2,197.8 SMU's have been released as of Monitoring Year 3 (MY3) in 2017. This is 60% of the total
potential bank credit and correct in RIBITS. The IRT is very concerned about the invasives present on the site degrading
the overall project success, however are putting trust in the Sponsor's commitment to resolving these issues. Therefore,
we agree with your request to release the 10% credit for MY4, which will leave a balance of 30% credit unreleased until
successful completion of the project. Once you have had a chance to send the verification that the appropriate amount
of money has been going towards funding the long term stewardship, the Corps will send the credit release letter for
366.3 SMU's as requested. Feel free to contact me with any questions or concerns.
Regards,
Steve Kichefski
Regulatory Project Manager
U.S. Army Corps of Engineers
Wilmington District, Asheville Field Office
151 Patton Avenue, Suite 208
Asheville, NC 28801
(828)-271-7980 Ext. 4234
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
Blockedhttp://corpsmapu.usace.army.mil/cm_apex/f?p=136:4:0 to complete the survey online.

-----Original Message -----
From: Brent Manning [mailto:[e-mail]<maiIto: [e-mail]> ]
Sent: Saturday, March 16, 2019 4:44 PM
To: Kichefski, Steven L CIV USARMY CESAW (US) <[e-mail]
<mailto:Steven. L. Kichefski @ usace.army.mil> >
Subject: [Non-DoD Source] Anderson Farm credit ledger/financials
Steve,
I've attached the latest credit ledger that you requested. The airport has reserved 527 of the 793.8 available, but
that purchase has not been finalized yet.
After reviewing the ledger and MBI, 60% of the credits have been released as of today. The list below represents the
remaining 40%.
Year 4 AMR - 10%
Year 5 AMR - 15%
IRT Reserve - 15%
We discussed a 25% withholding on-site as a sufficient amount to drive the requested remedial actions. Based on
this, I would like to request that the credits associated with Year 4 (366.3) be released.
I will check in with the sponsor regarding the escrow account payments and get a statement to you shortly.
I will also instruct them to close the two escrow accounts associated with construction and monitoring.
Please let me know if you have any questions.
Thanks much.
Brent
Brent Manning
Headwaters Restoration, PLLC
76 Starnes Avenue
Asheville,NC
p:828.450.1081

Brent Manning
Headwaters Restoration, LLC
76 Starnes Avenue
Asheville,NC
p:828.450.1081
Blockedwww.hwrestoration.com <Blockedhttp://www.hwrestoration.com>

REPLY TO
ATTENTION OF:
DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
151 PATTON AVENUE
ROOM 208
ASHEVILLE, NORTH CAROLINA 28801-5006
September 5, 2019
Regulatory Division
Action ID. 2011-01930
Ms. Kristy Urquhart
AFFP, LLC
34 Wall Street, Suite 502
Asheville, North Carolina 28801
Dear Ms. Urquhart:
This correspondence is in reference to the Year's 4 & 5Annual Monitoring Report,
dated March 2018 and January 19, 2019 respectively, for the Anderson Farm Mitigation Bank
(Bank). The Bank is located near Leicester, Buncombe County, North Carolina, within the
French Broad River Basin, Hydrologic Unit Code (HUC) 06010105. The purpose of this
letter is to provide comments on the reports and to confirm the release of credits from the
Bank pursuant to the completion the required tasks, as described in Section VII, of the
Mitigation Banking Instrument (MBI) for this project.
We reviewed both the Year 4 and 5 Monitoring Reports, coordinated with your agent
Brent Manning and visited the site on September 24, 2018 and March 12, 2019. During
the field visits on September 28, 2017 and September 24, 2018, as well as in the Year 3 credit
release letter dated November 22, 2017, concern was expressed over a few issues, most
urgently being the invasive species presence and growth at the site. As of our March 13, 2019
site visit, Chinese privet, multiflora rose and kudzu were still present and the kudzu was
aggressively spreading to the detriment of the surrounding ground cover and species diversity.
During that meeting we discussed adaptive management needs of invasive treatments for these
species, the withholding of a portion of the remaining site credit pending correction of the
issues and delaying site closeout until a minimum of two growing seasons of treatments
showed progress on the invasive treatments. During this time the monoculture of pine will
continue being managed on the downstream portion of UT3 and visual/photographic
monitoring of the site will continue to be reported at least annually, but other monitoring
activities laid out in the final plan can be discontinued.
As discussed during our March 12, 2019 site visit, as requested in your March 16, 2019
email request and with regard to the annual credit release detailed within the Mitigation Banking
Instrument (MBI) entitled, "Agreement to Establish the Anderson Farm Stream Mitigation Bank
in Buncombe County, North Carolina" dated June 25, 2013, and revised February 21, 2014, ten

percent (10%) of the Bank's total credits for streams shall be available for sale after submittal of
the fourth year monitoring report pending the other adaptive management provisions are
underway. The plan and later adjustments as documented by the As -Built report and the March
18, 2015 Monitoring Year 1 credit release letter proposed enhancement and restoration to 3,355
linear feet of stream channel with the potential to generate 3,663 stream mitigation units
(SMU's).
By copy of this correspondence, we authorize the release of 366.3 SMU's to be
incorporated into the Bank and used for future compensatory mitigation. As of the date of this
correspondence, a total of 2564.1 credits (70% of the Bank's total credit potential) have been
released. Please be aware that Section VIII of the MBI requires that ledger reports be
prepared and submitted for our review, which is important as it helps us ensure that our ledgers
match yours.
If you have any questions, please contact Steve Kichefski at [phone] extension
4234.
Sincerely,
KICHEFSKI.STEVE Digitally signed by
KICH EFSKI.STEVEN.L.1386908539
N.L.1386908539 Date:2019.09.0512:06:17-04'00'
Steve Kichefski
Project Manager, Asheville Field Office
Copies Furnished (via email):
Headwaters Restoration, LLC, Mr. Brent Manning
N.C. Division of Water Resources, Mr. Mac Haupt
N.C. Division of Water Resources, Ms. Erin Davis
N.C. Division of Water Quality, Mr. Zan Price
Environmental Protection Agency, Mr. Todd Bowers
U.S. Fish & Wildlife Service, Mr. Byron Hamstead
N.C. Wildlife Resources Commission, Ms. Andrea Leslie
US Army Corps of Engineers, Mr. Todd Tugwell
US Army Corps of Engineers, Ms. Kim Browning