20080229 Ver 2_Credit Release 5 Memo Mod_20100401

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North Carolina Department of Environment and Natural Resources
Beverly Eaves Perdue
Governor
Division of Water Quality
Coleen H. Sullins
Director
Dee Freeman
Secretary
Mr. Richard Mogensen
Mid-Atlantic Mitigation, LLC
1960 Derita Road
Concord, NC 28027
April 1, 2010
Re: Credit Release #5 (Remaininb)-Modification
Forrest Creek Buffer Mitigation Bank
Orange County
DWQ #08-0229
Dear. Mr. Mogensen:
The Division of Water Quality (DWQ) 401 Oversight and Express Review Permitting Unit has
received a copy of the March 2010 Supplemental Planting Report for the above-referenced
buffer mitigation bank.
As indicated in Section 18 (Task 5) of the executed Agreement to Establish the Forrest Creek
Riparian Buffer Mitigation Bank (April 2, 2008), 10% of the credits are to be awarded upon
satisfactory results for the second year of monitoring. The Supplemental Planting Report for
Year 2 indicates that planted stem counts along the main channel of Forrest Creek averaged 526
stems per acre (no plots below 320 stems per acre), the average along the tributary was 659
stems per acre.
The buffer along the main channel and tributary is meeting success criteria for buffer mitigation.
Kudzu treatment and additional 700 livestakes will occur in the next few months along the main
channel above the confluence of the tributary and the main channel. By copy of this
correspondence, DWQ is releasing the second half of the credits indicated in the Agreement for
successful completion of Task 5, and 10% of your riparian buffer credits (0.10 x 658,000 =
65,800 credits) are now available for sale, bringing the total credits released to date to 460,600
credits, or 70% of the total buffer credits to be generated at this site.
In the future, please avoid using Quercus Acutissima (Sawtooth Oak) as this is not a native
species.
This credit release letter replaces the credit release letter issued to you on March 26, 2010.
401 Oversight/Express Review Permitting Unit
1650 Mail Service Center, Raleigh, North Carolina 27699-1650
Location: 2321 Crabtree Blvd., Raleigh, North Carolina 27604
Phone: [phone] FAX: [phone]
Internet: http://h2o.enr.state.nc.us/ncwetlands/
N6ACarolina
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An Equal Opportunity 1 Affirmative Action Employer
Mr. Mogensen
Forrest Creek Mitigation Bank
Page 2 of 2
04/01/2010
As always, please copy DWQ on all correspondence related to credit sales, referencing the DWQ
project number associated with the impacts for which credits are being purchased as
compensatory mitigation.
Please feel free to contact Amy Chapman at [phone] if you have any questions regarding
this correspondence.
Sincerely,
Ian McMillan, Acting Program Manager
401 Oversight and Express Review Program
cc: File Copy
Monte Matthews, USACE Raleigh Office
Lauren Witherspoon - Raleigh Regional Office
File Name: 080229ForrestCreekBufferMitigationBank(Orange)CreditRlsMod