20161197 Ver 1_Public Notice Comments_20170828

Burdette, Jennifer a
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Sent:
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Attachments:
FYI
Thanks -
Karen
Higgins, Karen
Monday, August 28, 2017 1:52 PM
Burdette, Jennifer a
FW: Public Notice Response Letter SAW -2016-02338
CSX Public Notice Response Letter 8-28-17.pdf
Karen Higgins
401 & Buffer Permitting Branch Supervisor
Division of Water Resources
Department of Environmental Quality
[phone] office
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512 N. Salisbury Street (Archdale Building), Suite 942-E, Raleigh, NC 27604
1617 Mail Service Center, Raleigh, NC 27699-1617
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From: Rich Mogensen [mailto:[e-mail]]
Sent: Monday, August 28, 2017 1:29 PM
To: Alexander, Tasha L SAW <[e-mail]>, Higgins, Karen <[e-mail]>
Cc: Gerald Pottern <[e-mail]>, Daniel <[e-mail]>
Subject: Public Notice Response Letter SAW -2016-02338
Ms. Alexander & Ms. Higgins:
Please find attached an electronic version of our response letter to the above referenced Public Notice. Please let me
know if you have any questions.
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August 28, 2017
NCDWR Central Office
Attention: Ms. Karen Higgins
401 and Buffer Permitting Unit
1617 Mail Service Center
Raleigh, NC 27699-1617
US Army Corps of Engineers
Wilmington District— Raleigh Regulatory Field Office
Attention: Ms. Tasha Alexander
3331 Heritage Trade Drive, Suite 105
Wake Forest, NC 27587
RE: SAW -2016-02338 Carolina Connector Intermodal Rail Terminal (CCX) and Second Mainline
Improvements in Rocky Mount, Edgecombe and Nash Counties, North Carolina
Dear Ms. Higgins & Ms. Alexander:
This letter is in response to the Public Notice for SAW 2016-02338 Carolina Connector Intermodal
Rail Terminal (CCX) and Second Mainline Improvements. We support this permit application for
improving public transportation in a responsible manner. High-speed rail is a good example of
appropriate and cost-effective transportation infrastructure improvement projects. We also
understand that increasing existing infrastructure projects typically have minimal options and that
the amount of stream and wetland impacts have been minimized to the greatest extent
practicable.
Mogensen Mitigation, Inc. (MMI) has been developing the Tar River Headwaters Stream
Mitigation Bank (Stream Bank) for the last six years. MMI has also developed the Tar River
Headwaters Riparian Buffer and Nutrient Offset Mitigation Bank (Buffer & Nutrient Bank). The
Stream Bank was approved in November 2016 and the Buffer & Nutrient Bank was approved in
April 2013. Both Banks are located in and have a Service Area of Tar -Pamlico River Basin HUC
03020101. These imminent stream, buffer and nutrient bank credits should be considered as
"advanced mitigation" and the preferred option as the mitigation is already in the ground and the
site is already protected in perpetuity (existing conservation easement).
Both banks have been constructed and planted and are in the monitoring stages. As -Built surveys
for both banks have been submitted to the appropriate agencies for final approval. The
Conservation Easement has been completed and approved by the Corps. The easement will be
transferred to the Tar River Land Conservancy (TRLC) in September 2017. Credit release
requests for both banks are imminent as we have done everything required for these releases and
are just waiting for approval of the As -Built Survey and Report. Closing and land transfer is
scheduled for September 2017.

STREAM BANK — The MBI and Mitigation Plan was approved in November 2016. We have
submitted the As -Built Survey and Baseline Report to the Corps and DEQ-DWR in August 2017
after completing construction in early 2017. The Conservation Easement will be recorded and
transferred to the TRLC, acting as the long-term land steward, in September 2017. First year
monitoring will be fall 2017.
BUFFER and NUTRIENT BANK - The Nutrient Bank's third credit release request is imminent
once the As -Built Survey and Baseline Report is approved which was submitted in August 2017.
The first two credit releases have been sold out. Initial fencing and planting was done in 2015.
The original Conservation Easement for the Buffer and Nutrient Bank was recorded in 2013 and
the revised Conservation Easement will be recorded and transferred to the TRLC in September
2017. We have already posted and submitted the Monitoring Bond to DEQ-DWR. First year
monitoring will be fall 2017.
Both Banks will receive their next credit releases prior to or concurrent with the issuance of the
above referenced permit and, therefore, should be considered as "Advanced Mitigation". Any
stream, buffer and/or nutrient credits released prior to or concurrent with the issuance of the
above referenced permit need to be considered as the preferred option per Federal rules and
State laws. The Federal 2008 Compensatory Mitigation for Losses of Aquatic Resources: Final
Rule 40 CFR Part 230 clearly spells out the hierarchy for mitigation options with bank credits as
the preferred option followed by In Lieu Fee Programs and then Permittee Responsible Mitigation.
Page 19673 of the Federal Rules says "For these reasons, the district engineer should give
preference to the use of mitigation bank credits when these considerations are applicable."
NC State Law and NC Division of Mitigation Services internal policies also specify the use of
mitigation bank credits (stream, wetland, buffer and nutrients) before In Lieu Fee or PRM
mitigation is acceptable.
We understand that because we cannot provide all the mitigation credits for this substantial
project, the permittee must rely on other mitigation options. We make no judgement on the PRM
option proposed. Regardless, the imminent stream, buffer and nutrient bank credits should surely
be considered as "advanced mitigation" and the preferred option as the mitigation is already in the
ground and the site is already protected in perpetuity (existing conservation easement).
We will have Stream, Buffer and Nutrient Mitigation Bank Credits available this fall. Please
consider this advanced mitigation option prior to accepting ILF or PRM mitigation proposals.
Thank you for the opportunity to comment on this Clean Water Act Permit Public Notice for this
important infrastructure project.
Sincerely,
Richard K. Mogensen
2

President, MMI