20171291 Ver 1_Mitigation Bank Instrument_20191112

ROY COOPER
Governor
MICHAEL S. REGAN
Sevetary
LINDA CULPEPPER
Director
TO:
FROM:
SUBJECT:
NORTH CAROLINA
Enytronmental Qua/lty
November 12, 2019
Linda Culpepper
Director
Mac Haupt %�
Acting Supervisor, 401 and Riparian Buffer Permitting Branch
Stream and Wetland Mitigation Coordinator
Division Approval of the Yadkin 01 Umbrella Mitigation Bank, Environmental
Banc & Exchange, LLC
The attached Mitigation Banking Instrument (MBI) is between Environmental Banc &
Exchange, LLC (a wholly owned subsidiary of Resource Environmental 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 Gideon mitigation project 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-FQpNorth Carolina Department of Environmental Quality I Division of Water Resources
512 North Salisbury Street 11617 Mail Service Center I Raleigh, North Carolina 27699-1617
'\.00✓ 919.707.9000

AGREEMENT TO ESTABLISH THE RES YADKIN 01 UMBRELLA
MITIGATION BANK WITHIN THE STATE OF NORTH CAROLINA
USACE approval of this Instrument constitutes the regulatory approval required for the RES
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 'ligation Banking Instrument (UMBI) is made and entered into on the
/ _day of 2019, by Environmental Banc & Exchange, LLC (a wholly
owned subsidiary of Resource Environmental 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 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 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
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, creation,
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.
B. The goals of the Umbrella Bank sites are to restore, enhance, create and preserve
wetland and/or stream systems and their functions to compensate in appropriate circumstances

IN WITNESS WHEREOF, the parties hereto have executed this Agreement entitled
"Agreement To Establish The RES Yadkin 01 Umbrella Mitigation Bank within the State of
North Carolina":
U.S. Environmental Protection Agency:
0
U.S. Fish and Wildlife Service:
M
N.C. Division of Water Resources:
By: _ J � l �---_
N.C. Wildlife Resources Commission:
0
NC State Historic Preservation Office:
By:
Date:
Date:
Date:
Date:
Date:
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