HomeMy WebLinkAbout20180179 Ver 1_Mitigation Bank Instrument_20191112ROY COOPER
Governor
MICHAELS.REGAN
Secretary
LINDA CULPEPPER
Director
NORTH CAROLINA
Environmenta/Quality
November 12, 2019
TO: Linda Culpepper
Director
FROM: Mac Haupt (la
Acting Supervisor, 401 and Riparian Buffer Permitting Branch
Stream and Wetland Mitigation Coordinator
SUBJECT: Division Approval of the Yadkin 01 Umbrella Mitigation Bank, Water and Land
Solutions, LLC
The attached Mitigation Banking Instrument (MBI) is between Water and Land Solutions, 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 Tom's Creek site in Surry 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.
D_E Q.�- North Carolina Department of Environmental Quality I Division of Water Resources
/��{'f 512 North Salisbury Street 11617 Mail Service Center I Raleigh, North Carolina 27699-1617
I �� / 919.70T9000
WLS YADKIN 01
UMBRELLA MITIGATION BANKING INSTRUMENT
WITHIN THE STATE OF NORTH CAROLINA
USACE approval of this Instrument constitutes the regulatory approval required for
the WLS YADKIN 01 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 , 2019, by Water & Land Solutions, 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 instrument 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 bank 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 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 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.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement entitled
"Agreement To Establish The WLS Yadkin 01 Umbrella Mitigation Bank in North
Carolina":
N.C. Division of Water Resources:
By: J `--- Date:
1 1/1 J/Sul l
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