20171605 Ver 1_Mitigation Bank Instrument_20191108

� STATE a
ROY COOPER
Governor
MICHAEL S. REGAN
Secretary
LINDA CULPEPPER
Director
TO:
FROM:
SUBJECT:
' ?OLINA
Environmental Qualty
November 8, 2019
Linda Culpepper
Director
Mac Haupt
Acting Supervisor, 401 and Riparian Buffer Permitting Branch
Stream and Wetland Mitigation Coordinator
Division Approval of the Mid Cape Fear Mitigation Umbrella Mitigation Bank,
Cape Fear 04, Wildlands Engineering
The attached Mitigation Banking Instrument (MBI) is between Wildlands Holdings, LLC and the
U. S. Army Corps of Engineers (COE) and each of the agencies listed on the signature page.
The initial project for this Umbrella Bank is the Daniels Creek site in Harnett County. This site
contains stream and wetland mitigation credits. The attached Banking Instrument is for stream
and wetland credit only.
I have reviewed the attached MBI and it is ready for your approval. Please sign the attached
signature page and return the document to me for final execution.
�,r North Carolina Department of Environmental Quality I Division of Water Resources
D E J 512 North Salisbury Street 1 1617 Mail Service Center I Raleigh, North Carolina 27699-1617
°"v\ 919.707.9000

AGREEMENT TO ESTABLISH THE MID CAPE FEAR MITIGATION BANK IN CAPE
FEAR RIVER BASIN WITHIN THE STATE OF NORTH CAROLINA
USACE approval of this Instrument constitutes the regulatory approval required for the Mid
Cape Fear Umbrella Mitigation Bank to be used to provide compensatory mitigation for
Department of the Army permits pursuant to 33 C.P.R. 332.8(a)(1). This Instrument is not a
contract between the Sponsor or Property Owner and USACE or any other agency of the federal
government. Any dispute arising under this Instrument will not give rise to any claim by the
Sponsor or Property Owner for monetary damages. This provision is controlling notwithstanding
any other provision or statement in the Instrument to the contrary.
This Umbrella Mitigation Banking Instrument (UMBI) is made and entered into on the
day of Apy 5 2019, by Wildlands Holdings IV, LLC, hereinafter Sponsor, and the U.S.
Army Corps of Engineers (Corps), and each of the following agencies, upon its execution of this
UMBI; the Environmental Protection Agency (EPA), the U.S. Fish and Wildlife Service (FWS),
the National Marine Fisheries Service (NMFS), the North Carolina Wildlife Resources
Commission (NCWRC), the State Historic Preservation Office (SHPO) and the North Carolina
Division of Water Resources (NCDWR). The Corps, together with the State and Federal
agencies that execute this UMBI, are hereinafter collectively referred to as the Interagency
Review Team (IRT).
WHEREAS the purpose of this agreement is to establish an umbrella mitigation bank (Bank)
providing compensatory mitigation for unavoidable wetland and/or stream impacts separately
authorized by Section 404 Clean Water Act permits and /or Section 10 of the Rivers and Harbors
Act permits in appropriate circumstances;
WHEREAS the agencies comprising the IRT agree that the Bank site(s) is/are suitable
mitigation bank site(s), and that implementation of the Mitigation Plan(s) is/are likely to result in
net gains in wetland and/or stream functions at the Bank site(s), and have therefore approved the
Mitigation Plan(s);
THEREFORE, it is mutually agreed among the parties to this agreement that the following
provisions are adopted and will be implemented upon signature of this UMBI.
Section I: General Provisions
A. The Sponsor is responsible for assuring the success of the restoration, enhancement, and
preservation activities at the Bank site, and for the overall operation and management of the
Bank. The Sponsor assumes the legal responsibility for providing the compensatory mitigation
once a permittee secures credits from the Sponsor and the District Engineer (DE) receives
documentation that confirms the Sponsor has accepted responsibility for providing the required
compensatory mitigation.
B. The goals of the Umbrella Bank site is to restore, enhance, create and preserve wetland
and/or stream systems and their functions to compensate in appropriate circumstances for
unavoidable wetland and stream impacts authorized by Section 404 of the Clean Water Act

N.C. Division of Water Resources:
Ms. Linda Culpepper, Director
By:
Date:
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