20170995 Ver 1_Mitigation Bank Instrument_20191112

ROY COOPER
Governor
MICHAEL S. REGAN
Secretary
LINDA CULPEPPER
Director
NORTH CAROLINA
Environmental Qua(My
November 12, 2019
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TO: Linda Culpepper
Director t'
FROM: Mac Haupt I*K
Acting Supervisor, 401 and Riparian Buffer Permitting Branch
Stream and Wetland Mitigation Coordinator
SUBJECT: Division Approval of the Yadkin 01 Umbrella Mitigation Bank, Restoration
Systems, LLC
The attached Mitigation Banking Instrument (MBI) is between Restoration Systems, 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 Brushy Mountain site in Yadkin County. 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.
North Carolina Department of Environmental Quality I Division of Water Resources
�� 512 North Salisbury Street 1 1617 Mail Service Center I Raleigh, North Carolina 27699-1617
rnmunmm� r
919.707.9000

AGREEMENT TO ESTABLISH THE RESTORATION SYSTEMS' YADKIN 01
UMBRELLA MITIGATION BANK WITHIN THE STATE OF NORTH CAROLINA
U.S. Army Corps of Engineers (Corps) approval of this Instrument constitutes the
regulatory approval required for the RESTORATION SYSTEMS' YADKIN 01 UMBRELLA
MITIGATION BANK to be used to provide compensatory mitigation for Department of the
Army permits pursuant to 33 CFR 332.8(a)(I). This Instrument is not a contract between the
Sponsor or Property Owner and Corps 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 , 2018, by Restoration Systems, LLC (Sponsor) and the 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 (1RT).
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 Sites are suitable
mitigation sites, and that implementation of the Mitigation Plans are likely to result in net gains
in wetland and/or stream functions at the Bank Sites, and have therefore approved the Mitigation
Plans;
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 Sites, 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.
Page 1 of 14

IN WITNESS WHEREOF, the parties hereto have executed this Agreement entitled
"Agreement To Establish The Cape Fear 02 Umbrella Mitigation Bank, within the State of
North Carolina":
U.S. Environmental Protection Agency:
By:
Date:
U.S. Fish and Wildlife Service:
By:
Date:
N.C. Division) of Water Resources:
By: \
Date: if
N.C. Wildlife Resources Commission:
By:
Date:
NC State Historic Preservation Office:
By: Date:
National Marine Fisheries Service: