20090969 Ver 1_More Info Received_20100301

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HAZEN AND SAWYER
Environmental Engineers & Scientists
February 26, 2010
Mr. John Dorney
NCDENR
Division of Water Quality
401/Wetlands Unit
2321 Crabtree Blvd., Suite 250
Raleigh, North Carolina 27604
Hazen and Sawyer, P.C.
4011 WestChase Blvd.
Suite 500
Raleigh, NC 27607
[phone]
[phone] (Fax)
VAR Y 2010
DENR • WATER *,W Ty
1 VS AND STOR M*X BRANCH
Re: Umbrella Mitigation Banking Instrument
for the City of Raleigh Umbrella Stream and Wetland
Mitigation Bank
Dear Mr. Dorney:
Enclosed is one (1) copy of the final Umbrella Mitigation Banking Instrument (UMBI) for the
City of Raleigh Umbrella Stream and Wetland Mitigation Bank. This copy is being provided
for your use in accordance with the direction of Monte Matthews of the U.S. Army Corps of
Engineers. Monte will coordinate with you later on the signature pages for the UMBI.
Please let me or Monte know if you have any questions or comments on the UMBI.
Very truly yours,

Robert A. Berndt, P.E.
Senior Associate
MB/rab
Enclosure
cc: Mr. Monte K. Matthews, USACE
Mr. Kenny Waldroup, City of Raleigh
Mr. Perry Allen, City of Raleigh
Dorney 2.26.19 Itr.
New York, NY • Philadelphia, PA • Raleigh, NC • Charlotte, NC • Greensboro, NC • Charleston, SC • Atlanta, GA • Fairfax, VA • Hampton Roads, VA • Baltimore, MO • Cincinnati, OH • Hollywood, FL • Boca Raton, FL • Miami, FL
AGREEMENT TO ESTABLISH
THE CITY OF RALEIGH
UMBRELLA STREAM AND WETLAND
MITIGATION BANK
This agreement to establish an umbrella mitigation bank ("Umbrella Bank"), hereinafter
called the "Umbrella Mitigation Banking Instrument" or "UMBI", is made and entered into this
day of _ , 2010, by and between the City of Raleigh ("City"), the U. S.
Army Corps of Engineers ("USAGE"), and each of the following governmental agencies who
execute this UMBI: the 'environmental Protection Agency ("USEPA"), the U.S. Fish and
Wildlife Service ("USFWS"), the North Carolina Wildlife Resources Commission ("NCWRC"),
and the North Carolina Division of Water Quality ("NCDWQ"). USACE, together with the State
and Federal agencies who execute this UMBI, are hereinafter collectively referred to as the
"Governmental Agencies."
The goal of the Umbrella Bank is to restore, enhance, create and preserve stream and
wetland systems to compensate in advance of unavoidable stream and wetland impacts
authorized by USACE and NCDWQ pursuant to Sections 401 and 404 of the Clean Water Act,
in circumstances deemed appropriate by the USACE and/or NCDWQ after review through any
applicable permit review process.
As more particularly described herein, the City will implement stream and/or wetland
mitigation projects at sites in the Neuse River Basin ("Mitigation Sites"). The mitigation
projects to be performed on a Mitigation Site will be described in a site-specific mitigation plan
submitted to the Interagency Review Team ("IRT") for review and approval ("Site-Specific
Mitigation Plan"). A Mitigation Site and the mitigation credits associated therewith will become
a part of the Umbrella Bank upon (i) written approval of the Site-Specific Mitigation Plan for
such Mitigation Site by the IRT, acting through the USACE, in the case of impacts to waters of
the United States; and (ii) amendment of this UMBI to incorporate the Mitigation Site.
NOW, THEREFORE, the parties hereto agree as follows:
1. Interagency Review Team.
A. Establishment of the IRT. The Governmental Agencies shall establish an
Interagency Review Team ("IRT") for the purpose of performing the technical review, approval,
and oversight functions as described in 40 CFR Part 230, Compensatory Mitigation for Losses of
Aquatic Resources ("Compensatory Mitigation Rules"). The IRT shall consist of a designated
representative of any of the Governmental Agencies who execute this UMBI and shall be chaired
by the designated representative of USACE, Wilmington District.
B. Termination of Participation. Any member of the IRT may terminate its
participation in the IRT with notice in writing to all other parties to this UMBI. Termination shall
be effective seven (7) days from placing said notices in the United States mail. A member
withdrawal shall not affect any prior sale or use of credits and all remaining parties shall continue
to implement and enforce the terms of this UMBL
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II. Establishment of the Umbrella Bank and Mitigation Sites.
A. Establishment of Umbrella Bank. Pursuant to the Compensatory Mitigation
Rules, the City hereby establishes the Umbrella Bank, which shall be governed by this UMBI.
The parties acknowledge and agree that the Prospectus that the City submitted for this Umbrella
Bank is acceptable.
B. Mitigation Sites.
1. Site-Specific Mitigation Plans. The City shall develop a Site-Specific
Mitigation Plan for each Mitigation Site pursuant to the, requirements of the Compensatory
Mitigation Rules. In order to obtain mitigation credits from a Mitigation Site, the City shall
perform all necessary work in accordance with the provisions of this UMBI and the approved
Site-Specific Mitigation Plan to establish and/or maintain the Mitigation Site until it has been
determined that all the conditions herein and in the Site-Specific Mitigation Plan have been
satisfied. Approved Mitigation Sites shall be listed in Exhibit A to this UMBI. Approved Site-
Specific Mitigation Plans shall incorporated into Exhibit B to this UMBI.
2. Review of Site-Specific Mitigation Plans.
(a) Mitigation Plans for Waters of the United States. The City shall
submit to USACE any Site-Specific Mitigation Plan for waters of the United States that the City
develops to generate credits for this Umbrella Bank, with a sufficient number of copies for each
member of the IRT. After determining that the Site-Specific Mitigation Plan is complete,
USACE shall promptly distribute copies of the Site-Specific Mitigation Plan to the members of
the IRT. The IRT shall review and comment on all submittals in accordance with the
Compensatory Mitigation Rules. To the extent authorized by USACE, the IRT will utilize the
streamlined review process specified in the Compensatory Mitigation Rules. If the Site-Specific
Mitigation Plan is not approved by the IRT as originally submitted by the City, the IRT shall
provide the City with specific reasons or rationale for not approving the Site-Specific Mitigation
Plan. The City may resubmit the Site-Specific Mitigation Plan with specific modifications or
justifications that address the IRT's concerns. Following the approval of any Site-Specific
Mitigation Plan, the credits associated with the approved Site-Specific Mitigation Plan shall be
deemed deposited into the Umbrella Bank in accordance with the credit release schedule
contained in the approved Site-specific Mitigation Plan.
(b) Mitigation Plans for Non-jurisdictional Wetlands. For
Mitigation Sites that restore, enhance, or preserve non jurisdictional wetlands, the City shall
submit to NCDWQ each Site-.Specific Mitigation Plan the City develops to generate credits for
this Umbrella Bank. NCDWQ shall review and comment on all submittals within 35 days of
receipt of such submittal. If the Site-Specific Mitigation Plan is not approved by NCDWQ as
originally submitted by the City, NCDWQ shall provide the City with specific reasons or
rationale for not approving the Site-Specific Mitigation Plan. The City may resubmit the Site-
Specific Mitigation Plan with specific modifications or justifications that address NCDWQ's
concerns. Following the approval of any Site-Specific Mitigation Plan, the credits associated
with the approved Site-Specific Mitigation Plan shall be deemed deposited into the Umbrella
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Bank in accordance with the credit release schedule contained in the approved Site-Specific
Mitigation Plan.
3. Environmental Documentation, Permits and Authorizations;
Construction. If the City elects to proceed with the implementation of an approved Site-Specific
Mitigation Plan, it shall (a) prepare any required environmental documentation and obtain all
required permits or other authorizations needed to perform mitigation projects on Mitigation Sites
included in the Umbrella Bank (this UMBI does not fulfill or substitute for such permits or
authorizations); and (b) perform any construction and related activities, on the Mitigation Site in
accordance with the Site-Specific Mitigation Plan.
4. Monitoring and Assurance of Success.
(a) The City shall perform all necessary work to monitor a Mitigation
Site and to demonstrate compliance with the success criteria established in the Site-Specific
Mitigation Plan. Members of the IRT may conduct, at their own expense and in coordination
with other Federal and State resource agencies, field investigations to review and evaluate the
mitigation project and determine the functions and values of the Mitigation Sites. The IRT shall
use its best professional judgment to determine wetland, stream, upland, and habitat functions
and values. Any member of the IRT who generates a written report resulting from any such
investigation shall promptly provide the report to the City and its designated agents.
(b) The City shall be responsible for assuring the success of the
restoration, creation, enhancement and preservation activities at the Mitigation Sites, including
performing any remediation required by USACE or NCDWQ, as applicable.
- (c) The City shall submit to the USACE and NCDWQ, an annual
report describing the conditions of Mitigation Sites and evaluating the conditions of the
Mitigation Sites against the success criteria in the applicable Site-Specific Mitigation Plans. The
City shall submit monitoring reports for each Mitigation Site to USACE and NCDWQ for the
time period specified in the applicable Site-Specific Mitigation Plan, unless success criteria have
not been met at which point USACE or NCDWQ, as applicable, will determine an appropriate
extension(s) of the monitoring period.
(d) USACE shall review the annual monitoring reports, and may, at
any time, after consultation with the City and the IRT, direct the City to take remedial action at a
Mitigation Site if the performance criteria contained in the applicable Site-Specific Mitigation
Plan have not been met.
(e) In the event that USACE requires remedial action or the City
determines that remedial action may be necessary to achieve the required performance criteria, it
shall provide advance notice of such proposed remedial action to all members of the IRT. Any
proposed remedial action shall be designed to achieve the performance criteria specified in the
Site-Specific Mitigation Plan and shall include a work schedule and monitoring criteria that take
into account the physical and biological condition of the Mitigation Site. The City shall not,
except to the extent required to address emergency situations, initiate any remedial action prior
to receiving approval thereof by the IRT.
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5. Access. The City shall allow the members of the IRT reasonable access to
the Mitigation Sites for the purposes of inspection of the Mitigation Sites and monitoring
compliance with the Site-Specific Mitigation Plan.
6. Phasing. The City shall document in the Site-Specific Mitigation Plan
any plans for phased construction of mitigation projects on Mitigation Sites. The scope and
timing of each phase shall be at the discretion of City, subject to IRT approval. However, if the
City performs mitigation in areas of a Mitigation Site beyond those for which the design has been
approved by the IRT, the City must receive approval for this modification of the Site-Specific
Mitigation Plan prior to mitigation credits from such additional areas being added to this Umbrella
Bank. Credit release for phases of a Mitigation Site will be in accordance with the credit release
schedule contained in the Site-Specific Mitigation Plan for each phase of a Mitigation Site. If
phasing is used on a Mitigation Site, each phase shall be individually reviewed, tracked, and
monitored by the City and the IRT.
7. As-Built Report. The City shall submit an as-built report for each
Mitigation Site or phase of a Mitigation Site to the IRT as soon as practical after construction of a
mitigation project on the Mitigation Site, but in no event later than 60 days after the completion of
construction.
8. Perpetual Protection/Real Estate Provisions. The City shall protect
each Mitigation Site that provides compensatory mitigation for impacts to waters of the United
States by a conservation easement or deed restriction ("Conservation Instrument') approved by
USACE pursuant to the current regulatory guidance of the Wilmington District of USACE. The
City shall protect all other Mitigation Sites by a Conservation Instrument approved by NCDWQ.
The Conservation Instrument shall be perpetual, preserve all natural areas, and prohibit all use of
the property inconsistent with its use as mitigation property, including any activity that would
materially alter the biological integrity or functional and educational value of natural resources
within the Mitigation Site, consistent with the Site-Specific Mitigation Plan. The City shall obtain
the written approval by USACE, Office of Counsel, or by NCDWQ, as applicable, of the form of
the Conservation Instrument, including the initial grantee of the Conservation Instrument. Upon
the approval of a Conservation Instrument by USACE or NCDWQ, as applicable, the City or
other initial grantee shall record the Conservation Instrument in the Office of the Register of
Deeds of the county in which the Mitigation Site is located. The City shall provide a copy of the
recorded Conservation Instrument, showing book and page numbers of the recorded location, to
USACE or NCDWQ, as applicable. After recording the Conservation Instrument, the City or other
initial grantee may, with the approval of USACE or NCDWQ, as applicable, convey the
Mitigation Site property either in fee or by granting an easement to a qualified land trust, state
agency, or other appropriate nonprofit organization. The terms and conditions of this conveyance
shall not conflict with the intent and provisions of the Conservation Instrument nor shall such
conveyance enlarge or modify the uses specified in the Conservation Instrument.
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9. Financial Assurance.
(a) No financial assurance shall be required for the preservation
portion of any mitigation project. For all other forms of mitigation, prior to the release of any
credits from a Mitigation Site, the City shall provide USACE or NCDWQ, as applicable, with:
(i) documentation that funds have been appropriated and encumbered by the City to
implement the Site-Specific Mitigation Plan for such Mitigation Site; or
(ii) a performance bond, letter of credit or other financial assurance instrument
acceptable to USACE or NCDWQ, as applicable, securing the obligation of a third-party
contractor to implement the Site-Specific Mitigation Plan for such Mitigation Site.
(b) The City shall establish a distinct cost center number for the
Umbrella Bank within the City's budgeting and financial tracking system. All accounting for
revenues, contract encumbrances, fund transfers, and expenses, shall be performed and reported
independent of the accounting for the City's other capital or operating budgets. A distinct
revenue account shall be used to account for any revenues and fund transfers from third parties.
After each annual budget of the City is adopted, the City shall provide the IRT with an estimate
of the cost of work required by this UMBI, and a statement of funds available to perform that
work for the period covered by the City's budget.
10. Election Not to Utilize Mitigation Site. Notwithstanding any other
provision of this UMBI, the City may at any time elect not to utilize a Mitigation Site for the
generation of mitigation credits, in which case the City shall have no further obligations with
respect to such Mitigation Site pursuant to this UMBI; provided, however, that (i) if any
mitigation credits have been released but not debited from such Mitigation Site, such credit
release shall be reversed, and (ii) if any mitigation credits have been debited from such Mitigation
Site, the City shall replace those credits with comparable credits from another Mitigation Site
acceptable to the IRT or NCDWQ, as applicable.
III. Operation of Umbrella Bank.
A. Geographic Service Area. The Geographic Service Area ("GSA") is the
designated area wherein credits from the Umbrella Bank may be used to compensate for impacts
to streams and wetlands. The GSA for the Umbrella Bank will include the area within the Neuse
River watershed USGS Hydrologic Unit Code ("HUC") 03020201. Use of the Umbrella Bank to
compensate for impacts outside of the GSA may be authorized by USACE or NCDWQ, as
applicable.
B. Use of the Umbrella Bank. The Umbrella Bank may be used for mitigation
required in connection with the City's proposed Little River Reservoir project and other future
City projects. To the extent that credits generated in the Umbrella Bank are not required for the
City's use, the City may sell them to third parties. The amount of compensatory mitigation
required for any project shall be established by the permit or authorization for that project. The
USACE, after consultation with the appropriate Federal and State review agencies through the
applicable permit review process, shall make final decisions concerning the amount and type of
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US2008 603282.6
compensatory mitigation required for unavoidable, permitted stream or wetland impacts, and
whether or not credits from the Umbrella Bank may be used to provide compensatory mitigation
for such impacts. In the case of stream or wetland impacts that do not require a USACE permit
and that are authorized by NCDWQ, NCDWQ shall determine whether or not credits from the
Umbrella Bank may be used for such impacts.
C. Credit Deposit and Release.
1. Credit Deposit. Upon the addition of a Mitigation Site to the Umbrella
Bank by amendment of this UMBI, the projected mitigation credits to be generated by the
mitigation project on the Mitigation Site, as documented in the approved Site-Specific Mitigation
Plan shall be deposited to the Umbrella Bank.
2. Immediate Release of Credits. Fifteen percent (15%) of the total credits
generated by a restoration, enhancement or creation project on any Mitigation Site and one
hundred percent (100%) of the total credits generated by preservation projects on any Mitigation
Site shall be released (i.e., available for use) from the Umbrella Bank immediately upon
completion of all of following actions:
(i) Approval by the IRT of the Site-Specific Mitigation Plan for the Mitigation Site;
(ii) Inclusion of the Mitigation Site in this executed UMBI, as amended from time to
time; and
(iii) Recordation of the Conservation Instrument for the Mitigation Site, as well as a
title opinion acceptable to USACE or NCDWQ, as applicable.
The City shall complete the initial physical and biological improvements to each Mitigation Site
that generates credits for the Umbrella Bank no later than the first full year following initial
deposit of credits generated from the Mitigation Site to the Umbrella Bank.
3. Subsequent Release of Credits. Subject to the City's continued
satisfactory completion of all required success criteria and monitoring for restoration or
enhancement projects, additional mitigation credits from each Mitigation Site shall be released
from the Umbrella Bank on the following schedules as applicable to wetlands or streams:
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Wetlands

Action
Project Milestone Percent (%)
of Credit
Release
Construction

1 u Year Monitoring Complete all initial physical and biological improvements pursuant to the
Site-Specific Mitigation Plan
Submit monitoring report and Mitigation Site meets success criteria 15

10
2° Year Monitoring Submit monitoring report and Mitigation Site meets success criteria 10
3` Year Monitoring Submit monitoring report and Mitigation Site meets success criteria 10
4 Year Monitoring Submit monitoring report and Mitigation Site meets success criteria 10
5 Year Monitoring Submit monitoring report and Mitigation Site meets success criteria 10
6 Year Monitoring Submit monitoring report and Mitigation Site meets success criteria 10
7 Year Monitoring Submit monitoring report and Mitigation Site meets success criteria 10
Streams

Action
Project Milestone
Percent
(%)
of Credit
Release
Construction

T Year Monitoring Complete all initial physical and biological improvements pursuant to
the Site-Specific Mitigation Plan
Submit monitoring report and Mitigation Site meets success criteria 15

10
2° Year Monitoring Submit monitoring report and Mitigation Site meets success criteria 10
3` Year Monitoring Submit monitoring report and Mitigation Site meets success criteria 10
4 Year Monitoring Submit monitoring report and Mitigation Site meets success criteria 10
5 Year Monitoring Submit monitoring report and Mitigation Site meets success criteria 15
Bankfull Events*
• 'Me relrace of 1 S --f Occurrence of two Bankfull Events* 15
- - - - -- -- r- •.....,•..... 6-11 .poll at ,cabs two oamauu event occurrences, to separate years, provided that the stream
channel is stable and all other success criteria are met. In the event that less than two bankfull events occur during the
monitoring period, the release of the remaining credit shall be at the discretion of the Interagency Review Team.
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4. Alternative Credit Release Schedules or Additional Conditions on
Credit Release. The Site-Specific Mitigation Plan for a Mitigation Site may contain an
alternative release schedule or alternative credit release conditions. If the credit release schedule
or conditions in the approved Site-Specific Mitigation Plan for any Mitigation Site are different
from those contained in this Section III.C., the credit release schedule and conditions in the Site-
Specific Mitigation Plan shall govern the release of credits generated by the Mitigation Site. If the
approved Site-Specific Mitigation Plan contains additional conditions on the release of credits
generated by the Mitigation Site, the City shall not release any such credits from the Umbrella
Bank until the additional conditions are met.
5. Approval of Credit Release.
(a) Credits for Waters of the United States. All releases of credits
in the Umbrella Bank for mitigation of waters of the United States shall be made in accordance
with the Compensatory Mitigation Rules.
(b) Credits for Non-jurisdictional Wetlands. In order to release
credits in the Umbrella Bank for mitigation of Non jurisdictional Wetlands, the City shall request
that NCDWQ approve such credit release and shall submit documentation demonstrating that the
action for which the City seeks the release of credits has been successfully completed. NCDWQ
shall review the City's request for a release of credits and if NCDWQ determines that a visit to
the applicable Mitigation Site is necessary, cooperate with the City to schedule the site visit as
soon as is practicable. NCDWQ shall use best efforts to notify the City within 30 days from the
date of the City's request and submittal of supporting documentation of its decision as to whether
the required action has been completed and the credits can be released.
D. Effect of Debit from the Umbrella Bank. The City shall be legally responsible
for providing compensatory mitigation in the amount of any debit from the Umbrella Bank either
when the credits are used for the City's own project or when the City transfers credits to a third-
party permittee.
E. Accounting. The City shall establish and maintain ledgers to account for all
credit deposit, release and debit transactions of the Umbrella Bank. The City shall maintain a
separate ledger for each of the following types of transactions:
(i) wetlands; and
(ii) streams.
Each ledger shall indicate the type of activity that generated the credit, i.e., restoration,
enhancement or preservation. The City shall notify the USACE or NCDWQ, as applicable, in
writing of each such transaction within 30 days. The City shall provide the USACE or NCDWQ,
as applicable, with updated credit deposit, release, and debit ledgers annually. The ledgers shall
include the following information with respect to each debit: project name, permittee, permit
number, type of permit, locality, type of impacted system, amount of impacts, amount of debit
from the Umbrella Bank, USGS HUC, and date of transaction.
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F. Annual Report. Until such time as all credits proposed for inclusion in the
Umbrella Bank have been debited or this UMBI is otherwise terminated, the City shall prepare
and submit to USACE and each member of the IRT an annual report on each anniversary of the
date of execution of this UMBI. The annual report shall identify, by type, all credits deposited to,
released, and debited from the Umbrella Bank and the balance of credits remaining, and, for each
credit debited from the Umbrella Bank, the USACE Action ID number and/or DWQ Permit
Number and Project Name for the project for which the credits were debited.
IV. Default.
A. Notice and Effect of Default. If USACE or NCDWQ determines that the City is
in material default of any provision of this UvIBI, the agency making such determination may
notify the City in writing that the debit of any credits from the Umbrella Bank is suspended until
the default is cured; provided, however, that if the default relates to the implementation of a Site-
Specific Mitigation Plan for a Mitigation Site, the suspension shall apply only to the debit of
credits from that Mitigation Site. Upon notice of such suspension, the City shall comply with the
terms of the suspension until it is lifted by the issuing agency.
B. Failure to Submit Required Monitoring Reports. No credits associated with
the submittal of an annual monitoring report to USACE or NCDWQ may be released until the
report has been submitted by the City. If the City fails to submit one or more required annual
monitoring reports, in addition to any other remedy that may be imposed by USACE or NCDWQ
pursuant to this UMBI or applicable laws and regulations, the City shall perform an additional
year of monitoring and submittal to the USACE or NCDWQ of the associated annual monitoring
report.
C. Failure to Cure Default. If the City fails to cure a noticed default in a timely
fashion, the USACE or NCDWQ may terminate all future debits from the Umbrella Bank. In the
event of such termination, the City shall perform all obligations under this UMBI relating to
credits that were debited prior to termination.
D. Events Not Constituting Default. Any delay or failure by the City to carry out
its obligations under the UMBI shall not constitute a default hereunder if and to the extent that
such delay or failure is primarily caused by any act, event or conditions beyond the City's
reasonable control, including: (i) acts of God, lightning, earthquake, fire, landslide, drought,
hurricane, storm, flood, or interference by third parties; (ii) condemnation or other taking by any
governmental body; (iii) change in applicable law, regulation, rule, ordinance or permit condition,
or the interpretation or enforcement thereof, (iv) any order, judgment, action or determination of
any federal, state or local court, administrative agency or government body; or (v) the suspension
or interruption of any permit, license, consent, authorization or approval. If the performance of the
City is affected by any such event, City shall give written notice thereof to the USACE or
NCDWQ as soon as is reasonably practicable. If such event occurs before the final availability of
all credits for sale, the City shall take remedial action to restore the property to its condition prior
to such event, in a manner sufficient to provide adequate mitigation to cover credits that were
debited prior to such delay or failure to compensate for impacts to waters, including wetlands,
authorized by USACE permits. Such remedial action shall be taken by the City only to the extent
necessary and appropriate, as determined by the USACE or NCDWQ.
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V. Closure.
The Umbrella Bank shall not be closed until all Mitigation Sites from which credits have
been debited from the Umbrella Bank have met all applicable success criteria. If all Mitigation
Sites have met all applicable success criteria, the Umbrella Bank shall be deemed closed upon (i)
the debit of the last credit in the Umbrella Bank or (ii) or upon written approval by USACE or
NCDWQ after written request by the City to close the Umbrella Bank.
VI. General Provisions.
A. Third-Party Beneficiary. No third party shall be deemed a beneficiary hereof
and no one except the signatories hereof, their successors and assigns, shall be entitled to seek
enforcement hereof.
B. Entire Agreement. This UMBI constitutes the entire agreement between the
parties concerning the subject matter hereof and supersedes all prior agreements or undertakings.
C. Severability. In the event any provision contained in this UMBI is held to be
invalid, illegal or unenforceable in any respect, such invalidity, illegality or unenforceability will
not affect any other provisions hereof, and this UMBI shall be construed as if such invalid, illegal
or unenforceable provision had not been contained herein.
D. Governing Laws. This UMBI shall be governed by and construed in accordance
with the laws of North Carolina and the United States, as appropriate.
E. Execution in Counterparts. This UMBI may be executed by the parties in any
combination, in one or more counterparts, all of which together shall constitute but one and the
same instrument.
F. Notices. All notices and required reports shall be sent by regular mail to each of
the parties at their respective addresses, provided below:
CITY:
City of Raleigh, Public Utilities Department
c/o John R. Carman, Director
Public Utilities Department
One Exchange Plaza, Suite 620
Raleigh, North Carolina 27602
USAGE:
Monte Matthews
U.S. Army Corps of Engineers, Regulatory Division
Raleigh Regulatory Field Office
3331 Heritage Trade Drive, Suite 105
Wake Forest, North Carolina 27587
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USEPA:
Ms. Becky Fox
U.S. Environmental Protection Agency
1349 Firefly Road
Whittier, North Carolina 28789
USFWS:
Mr. John Ellis
U.S. Fish and Wildlife Service, Fish and Wildlife Enhancement
Raleigh Field Office
P.O. Box 33726
Raleigh, NC 27636-3726
NCDWQ:
Mr. John Dorsey
NCDENR, Division of Water Quality, 401/ Wetlands Unit
2321 Crabtree Boulevard, Suite 250
Raleigh, North Carolina 27604
NCWRC:
Ms. Shari Bryant
North Carolina Wildlife Resources Commission
P.O. Box 129
Sedalia, NC 27342-0129
{Signature pages to follow}
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IN WITNESS WHEREOF, the parties hereto have executed this Agreement entitled
"Agreement To Establish The City of Raleigh Umbrella Stream and Wetland Mitigation Bank":
By: Date:
City: J. Russell Allen, City Manager, City of Raleigh
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IN WITNESS WHEREOF, the parties hereto have executed this Agreement entitled
"Agreement To Establish The City of Raleigh Umbrella Stream and Wetland Mitigation Bank":
By:
U.S. Army Corps of Engineers:
Date:
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IN WITNESS WHEREOF, the parties hereto have executed this Agreement entitled
"Agreement To Establish The City of Raleigh Umbrella Stream and Wetland Mitigation Bank":
By:
Date:
U.S. Environmental Protection Agency:
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IN WITNESS WHEREOF, the parties hereto have executed this Agreement entitled
"Agreement To Establish The City of Raleigh Umbrella Stream and Wetland Mitigation Bank":
By:
Date:
U.S. Fish and Wildlife Service:
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IN WITNESS WHEREOF, the parties hereto have executed this Agreement entitled
"Agreement To Establish The City of Raleigh Umbrella Stream and Wetland Mitigation Bank":
By:
NC Division of Wa er Quality:
Date:
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IN WITNESS WHEREOF, the parties hereto have executed this Agreement entitled
"Agreement To Establish The City of Raleigh Umbrella Stream and Wetland Mitigation Bank":
By:
Date:
NC Wildlife Resources Commission:
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EXHIBIT A
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EXHIBIT B
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