20130184 Ver 1_email from MMI to DWR-lack of IRT approval_20160106

Strickland, Bev
From:Rich Mogensen <[e-mail]>
Sent:Wednesday, January 06, 2016 11:10 AM
To:Merritt, Katie
Cc:Daniel; Higgins, Karen
Subject:RE: Tar River Headwaters Stream Bank
Hi Katie – I regret the confusion but I have been copying the Corps on all the recent submittals and correspondences.
They had not responded to the BPDP submittal and I did email and call them about it. Due to the planting time
constraints (trees had been pulled from the nursery) we went ahead with the planting. We felt confident that this would
not change based on the fact the we were now going with stream enhancement. I did copy the Corps on all our recent
plans.

As we discussed in our meeting with you and Karen, final stream design is cost prohibitive until a market or need
develops. We have had no indication of a market or need for stream credits in three years. Therefore, we can’t commit
to spending the substantial funds for final stream design and IRT approval. I did finally reach Eric at the Corps yesterday
and he said he would be able to review a conceptual stream mitigation plan and provide us with ”conceptual approval”.
The conceptual plan will have the stream centerline survey (as the BPDP did) so the exact areas used for nutrient/buffer
credits will not change from the revised BPDP. Please let me know if this would be acceptable to DWR for the next
nutrient/buffer credit release. We plan to have this conceptual stream mitigation plan done by the end of the week and
will submit to the Corps. I assure you that we will not go forward with the stream mitigation if the Corps or IRT requires
moving the stream. We would forego the stream mitigation credits if this were the case.

We have finished the planting, fencing, spraying of weeds and treating privet. We have laid out all the veg plots and will
have a map ready for you by the end of the week showing the exact plot locations, the number, location and species of
each panted tree in each plot (14 in all). I hope this will satisfy all DWR requirements for the next nutrient/buffer credit
release. If you would like to make the next release conditional on the stream staying in place, that would be fine.

I hope this resolves DWR’s concerns and once we get the conceptual approval from the Corps we can schedule the site
visit. Please let me know if this plan is acceptable to DWR. This is very important to my company. Thanks!

MOGENSEN MITIGATION, INC.
Richard K. Mogensen, President
PO Box 690429
Charlotte, NC 28227
[e-mail]
[phone]
www.mogmit.com

From: Merritt, Katie \[mailto:[e-mail]\]
Sent: Monday, January 04, 2016 4:56 PM
To: Rich Mogensen <[e-mail]>
Cc: Daniel <[e-mail]>; Higgins, Karen <[e-mail]>
Subject: RE: Tar River Headwaters Stream Bank

Hey Rich,
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I just talked to Eric with the USACE and he said he has not received a Stream Mitigation Plan from you for this site at this
time, which would include the fencing and planting plan. Therefore, I have some concerns about coming out to the site
to confirm AsBuilt conditions, when in fact something could change. I’m not sure the USACE would accept a BPDP for
consideration of approving or disapproving your stream proposal. I’m pretty sure you have to actually send in a Stream
Mitigation Plan, which is completely separate than the BPDP. Either way, as mentioned before in multiple
correspondence I’ll need correspondence from the USACE that the stream design/mitigation plan you propose is
approved prior to releasing any more buffer or nutrient credits.

As-Built conditions have to be final, and if the IRT ends up requiring construction of the banks or channel redesigns, you
wouldn’t be allowed to do it under your MBI & BPDP with us if it’s in the buffer, which starts from TOB of existing
channel. At this time, I have nothing from the IRT that concretely suggests that the buffer mitigation area you have
already planted for buffer mitigation credit, will not be affected by the stream mitigation in the future. The amount of
credits that have been released so far, mimic the square footage proposed in the attached stream design, which was
provided with your BPDP in 2013. Prior to releasing more credits, DWR has to know what the final stream design will be
with a survey in order to determine future credit releases.

At this time, I do not see the benefit of DWR coming out to confirm plantings until correspondence has been received
from the IRT on the Stream Mitigation. It was my assumption based on emails from you, that if the plants had already
been planted, that the IRT had signed off on the planting plan. Additionally, the planting plan, which is also attached
above, was supposed to be reviewed by the USACE as mentioned in your BPDP as well. At this time, I have not seen
correspondence from the IRT related to the planting plan. As mentioned in my email to you on September 1, 2015, MMI
needed to figure out what to do with the Stream Mitigation component before moving forward with fencing and
planting. It was my assumption, that you contacting me for a site visit meant that the IRT had already provided you with
the correspondence you needed. It appears that we still need more information.

Once MMI has received the necessary correspondence from the IRT, please send DWR notification and we can proceed.

Thanks,
Katie

From: Rich Mogensen \[mailto:[e-mail]\]
Sent: Monday, January 04, 2016 3:50 PM
To: Eric Alsmeyer ([e-mail]) <[e-mail]>
Cc: Merritt, Katie <[e-mail]>; Hughes, Andrea W SAW <[e-mail]>; Tugwell,
Todd SAW <[e-mail]>; Daniel <[e-mail]>
Subject: Tar River Headwaters Stream Bank

Eric – I sent in a revised BPDP for the Tar River Headwaters Riparian Buffer and Nutrient Offset Mitigation Bank in Tar
Pam 01 in early December. It had some revisions to the stream component of the bank site which we are currently
working on.

We plan to go ahead with the stream design in 2016 but we were just wondering if you had any comments on changing
the stream mitigation plan from restoration to enhancement. Also, we have changed the stream planting plan slightly
and welcome any comments you might have on that as well. If you don’t have any comments, a simple “so far so good”
would be appreciated.

Let me know if you need another copy. It is too big to email but we can Dropbox it or we can send another hard copy.

MOGENSEN MITIGATION, INC.
2

Richard K. Mogensen, President
PO Box 690429
Charlotte, NC 28227
[e-mail]
[phone]
www.mogmit.com

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