20080229 Ver 1_Buffer Credit Release_20091028

NCDENR
North Carolina Department of Environment and Natural Resources
Division, of Water Quality
Beverly Eaves Perdue Coleen H, Sullins
Governor Director
October 28, 2009
Mr. Richard Mogensen
Mid-Atlantic Mitigation, LLC
1960 Derita Road
Concord, NC 28027
Re: Credit Release #5 (Partial)
Forrest Creek Buffer Mitigation Bank
Orange County
DWQ #08-0229
Dear. Mr. Mogensen:
Dee Freeman
Secretary
The Division of Water Quality (DWQ) 401 Oversight and Express Review Permitting Unit has
received a copy of the September 2009 Year 2 Monitoring 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 Year 2 monitoring report indicates
that while planted stem counts along the main channel of Forrest Creek averaged 566 stems per
acre (one plot below 320 stems per acre), the average along the tributary was 376 stems per acre.
Furthermore, three plots along the tributary were below the five-year target of 320 stems per
acre, and two additional plots had 324 stems per acre. The report states that supplemental
planting is planned sometime this winter.
The buffer along the main channel is meeting success criteria for buffer mitigation, while the
buffer along the tributary requires some remedial planting to bring stem counts up. By copy of
this correspondence, DWQ is releasing half of the credits indicated in the Agreement for
successful completion of Task 5, and 5% of your riparian buffer credits (0.05 x 658,000 =
32,900 credits) are now available for sale, bringing the total credits released to date to 426,900
credits, or 65% of the total buffer credits to be generated at this site.
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/
NorthCarolina
,atura!!rf
An Equal Opportunity 1 Affirmative Action Employer
Mr. Mogensen
Forrest Creek Mitigation Bank
Page 2 of 2
10/28/2009
Upon submittal of documentation of the completion of the supplemental planting along the
tributary, DWQ will release the remaining 5% of the credits resulting from the successful
completion of Task 5 of your credit release schedule.
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 Eric Kulz at [phone] if you have any questions regarding this
correspondence.
Sincerely,
Cyndi B. Karoly, Program Manager
401 Oversight and Express Review Program
cc: File Copy (Eric Kulz)
Lauren Witherspoon - Raleigh Regional Office