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ENFORCE23236
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Entry Properties
Last modified
8/24/2016 7:32:37 PM
Creation date
11/21/2007 10:23:00 AM
Metadata
Fields
Template:
DRMS Permit Index
Permit No
M1978052
IBM Index Class Name
Enforcement
Doc Date
8/19/2002
Doc Name
Bull Seep Relocation - Section 404 Consideration
From
Massey Semenoff Schwartz & Bailey P.C.
To
DMG
Violation No.
MV2001041
Media Type
D
Archive
No
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J. Scott Franklin -Memorandum <br />June 4, 2002 <br />Page 2 <br />Material will be installed in a random fashion to create a natural appearance <br />rather than strictly one plant 4' on center" (Emphasis added). <br />o Reference to "approximately one plant per four sq. ft." is inconsistent with <br />the reference in the second sentence to "one plant 4' on center." The <br />former can be read to require one plant every 4 square feet, while the <br />latter requires one plant every 16 square feet. <br />o Reference to "one plant 4' on center," as provided in the second sentence, <br />is consistent with Exhibit G-1 in the 1990 MLRB permit. It was also the <br />density that should have been specified on Sheet 7 when it was prepared. <br />• Sheet 7, "Bull Seep Relocation Construction Plans" (02/25/02), contains a "Plant <br />List." This list references trees, shrubs, and wetland plants under the heading <br />"Stakes/Plugs or Live Stock Rate," and subjects these three categories of <br />plantings to the "one plant per four sq. ft." planting density. <br />o Item 5 in the "General Planting Notes" and the "Plant List" therefore <br />contain conflicting densities. <br />o Reference in the "Plant List" to "one plant per four sq. ft." is inconsistent <br />with Exhibit G-1 in the 1990 MLRB permit. <br />• Special Condition I in the March 4, 2002 DA Permit No. 199380590, Amendment <br />No. 1 states: "[w]letland vegetation in relocated Bull Seep will be planted in <br />accordance with the Bull Seep Plans, in particular, General Planting Notes <br />identified on Sheet 7." There is some potential confusion that could be created <br />by this provision when viewed in relation to Special Condition K in Amendment <br />No. 1. <br />o Special Condition K in the amended Section 404 permit specifies the <br />number of Plains cottonwood trees needed to offset impacts to 40 mature <br />cottonwood trees during the Bull Seep relocation work. We would like to <br />clarify that Special Condition K controls the company's mitigation <br />obligation relative disturbed cottonwood trees (i.e., 80 3" trees, or 120 2" <br />trees). <br />Desired Outcome: <br />(1) Revise the "General Planting Notes' and the "Plant List" on Sheet 7 to clarify that <br />the wetland planting density refers to "approximately one plant on 4' centers" for <br />the wetland plant material listed at "C" on the "Plant List." See attached revision <br />at Item 4. <br />
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