20130184 Ver 1_email from MMI to Katie-BPDP changes_20151230

Strickland, Bev
From:Rich Mogensen <[e-mail]>
Sent:Wednesday, December 30, 2015 4:11 PM
To:Merritt, Katie
Cc:Daniel; Eric Alsmeyer ([e-mail])
Subject:FW: Bank Development Options
Katie – Sorry for the confusion. It was my understanding that we needed to “update” the BPDP because we were
changing the stream restoration to stream enhancement and we also were revising the planting list. We made a few
other “improvements” to the plan such as defining the exact planting zones etc. Nothing of significance such as changing
the areas. I guess you really don’t need to “approve” this revised plan but it is an updated and improved document that
we will be using for the installation. I have copied Eric Alsmeyer with a courtesy copy of the updated BPDP.

We will be finishing the planting this weekend when/if the rain ever stops! We will see you at 10:00 at the site next
Tuesday.

Happy New Years!

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

From: Daniel
Sent: Wednesday, December 30, 2015 3:23 PM
To: Rich Mogensen <[e-mail]>
Subject: FW: Bank Development Options

First of the archived emails, below…

From: Rich Mogensen
Sent: Tuesday, September 01, 2015 12:04 PM
To: Merritt, Katie; Daniel
Cc: Higgins, Karen
Subject: RE: Bank Development Options

Katie & Karen,

Thank you both very much for meeting with us yesterday. Based on our conversation and this handy bullet list it is clear
that we would like to pursue Option 1. We will be moving forward with the stream bank as Enhancement I which will
keep the channel in the current alignment. Therefore, it won’t impact the nutrient and buffer calculations. In fact, I have
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already solicited a proposal from our technical partner for the stream enhancement design. We are fencing as we speak
and will be planting in November.

Based on available plants, we have 80% of the trees and shrubs spec’d in the BPDP so I will be sending you an updated
species list. Once the plants are installed, we will request a site visit. Probably before the end of the year for the next
credit release.

Please let me know if I have mistaken anything.

Rich Mogensen, PWS
President
Mogensen Mitigation, Inc.
P. O. Box 690429
Charlotte, NC 28227
[phone] (All)
[e-mail]
www.MogMit.com

From: Merritt, Katie \[mailto:[e-mail]\]
Sent: Tuesday, September 01, 2015 11:46 AM
To: Daniel
Cc: Rich Mogensen; Higgins, Karen
Subject: Re: Bank Development Options

Hey Daniel,
Per your request, I have provided the following 2 options and the steps for each one as discussed in our
meeting yesterday:

Option 1: Proceed with the Bank as approved, but MMI needs to figure out what to do with the Stream
Mitigation component before moving forward
*No Changes to UMBI
*No Changes to BPDP
*Planting and fencing are dependent on the Stream Mitigation
*First credit release is issued when all planting and fencing have been completed as provided in the BPDP
and all monitoring plots are established

Option 2: Start over with the Bank as a new Bank under the new temporary rule 15A NCAC 02B .0295
*Request a modification to the UMBI and rewrite as an MBI; there is a lengthy review process (@ 3-5
months), public notice period (15 calendar days)
*Modify the BPDP according to the conditions approved in the MBI; public notice period (15 days)
*First credit release would be issued when the site had completed construction, whatever "construction"
would mean according to the MBI and BPDP.
*all mitigation would have to comply with the mitigation options under the temporary rule. the temporary
rule allows for buffer credit via Cattle Exclusion whereas the old rules did not.
*depending on the type of buffer mitigation you decide to do under the temporary rule, it may still depend
on the Stream Mitigation timeline.

Hope this helps,
Katie
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From: Daniel \[mailto:[e-mail]\]
Sent: Monday, August 31, 2015 11:47 AM
To: Merritt, Katie

Subject: RE: Bank Development Options

Hi Katie,

If I understand things correctly, then if we proceed with the BPDP as it is now (under the old rule), we pretty much have
to move forward with the earthwork, then planting, etc. to generate the next batch of credits. If this is correct, then I
have no other questions there. This is correct.

But, it sounds like we potentially have an option to submit/request a revised BPDP that does not include any stream
work and, subsequently, request to utilize the new rules to generate a portion of the credits through fencing & spraying ,
with the planting to follow thereafter, If this is correct, then I would like to clarify what steps I need to take to move
through this process, in terms of what letters, proposals, requests, etc need to be submitted and to whom. If it’s easier
for you just to go through it once again on the phone when I can take a few notes that works for me too. This is
incorrect. See comments in email above regarding your options.

Thanks,

Daniel

From: Merritt, Katie \[mailto:[e-mail]\]
Sent: Monday, August 31, 2015 10:48 AM
To: Daniel

Subject: RE: Bank Development Options

Hi Daniel,
In response to your request below, please send me some questions that you have about the Tar River Headwater Bank
and I’d be happy to respond with the answers. Feel free to give me scenarios as they pertain to the Bank so that I can
give you the best feedback that I can. If there are questions about old rules vs new rules, and how to apply each set of
rules to your bank, just send me a list of questions on those too.

Thank you,
Katie

From: Daniel \[mailto:[e-mail]\]
Sent: Monday, August 31, 2015 8:52 AM
To: Merritt, Katie

Subject: Re: Bank Development Options

Hi Katie,

Would it be possible for you to type out a brief summary or bulleted points of those different options for site
development under the old rules vs. new rules, and required actions, as we discussed Friday? It was just a lot to absorb
over the phone.

Also, Rich is in Raleigh today for meetings, and would love meet with you briefly if you have time – would any time work
for you? (he’s asked me to coordinate on his behalf as he is on the road this morning).

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Thanks very much.

Daniel
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