20080229 Ver 2_Buffer Credit Release Memo 3_20090424

NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins
Governor Director
April 24, 2009
Mr. Richard Mogensen
Mid-Atlantic Mitigation, LLC
1960 Derita Road
Concord, NC 28027
Re: Credit Release #3
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 Maintenance Bond for the above-referenced buffer mitigation bank.
As indicated in Section 18 (Task 3) 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 securing a monitoring bond. The
As-Built documentation was reviewed previously and found to be satisfactory.
By copy of this correspondence, DWQ confirms that you have satisfied the above requirements and 10% of
your riparian buffer credits (0.1 x 658,000 = 65,800 credits) are now available for sale, bringing the total credits
released to date to 329,000 credits, or 50% of the total buffer credits to be generated at this site.
Please note that we have received the Year 1 Monitoring Report for the site. Based on the vegetation
monitoring data, six of the 14 vegetation monitoring plots did not meet the minimum stem density of 320 stems
per acre. Stem densities in these plots ranged from 81 to 283 stems per acre.
In order to release an additional 10% of the credits as per Section 18 (Task 4) of the Agreement, documentation
of mitigative measures to increase stem density should be forwarded to this office.
1650 Mail Service Center, Raleigh, North Carolina 27699-1650
Location: 2321 Crabtree Blvd„ Suite 250, Raleigh, North Carolina 27604-2260
Phone: [phone] FAX: [phone] Customer Service: 1-877-623-6748
Internet: http://h2o,enr.state.nc.us/ncwetlands
An Equal Opportunity 1 Affirmative Action Employer
NorthCarolina
Natmrally
Mr. Mogensen
Forrest Creek Buffer Mitigation Bank
Page 2 of 2
4/24/2009
Diligent monitoring of vegetation health and appropriate replanting are essential in the early years of vegetation
establishment on a mitigation bank. Release of credits and ultimately release of the site and relief from
monitoring requirements will be dependant on the successful establishment of desirable tree species at a density
of 320 stems per acre.
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)
Central Files
Lauren Witherspoon - Raleigh Regional Office
1650 Mail Service Center, Raleigh, North Carolina 27699-1650
Location: 2321 Crabtree Blvd., Suite 250, Raleigh, North Carolina 27604-2260
Phone: [phone] FAX: [phone] Customer Service: 1-877-623-6748
Internet: http:llh2o.enr.state.nc.us/ncwetlands
An Equal Opportunity 1 Affirmative Action Employer
NorthCarolina
Naturally,