20111022 Ver 1_Other Agency Comments_20130528

REPLY TO
ATTENTION OF
Regulatory Division
DEPARTMENT OF THE ARMY 2'
WILMINGTON DISTRICT, CORPS OF ENGINEERS
151 PATTON AVENUE
ROOM 208
ASHEVILLE, NORTH CAROLINA 28801 -5006
May 23, 2013
Action ID: SAW- 2011 -01930 / Anderson Farm Stream Mitigation Bank
SEE DISTRIBUTION
Dear Colleague:
This correspondence is in reference to the Anderson Farm Stream Mitigation Bank that is
being developed by AFFP, LLC and Southern Appalachian Highlands Conservancy, located
west of Mag Sluder Road, near Leicester, in Buncombe County, North Carolina, within the
Upper French Broad River Basin, Hydrologic Unit Code (HUC) 06010105. The purpose of this
letter is to notify you of the Corps' decision regarding the final mitigation banking instrument
(MBI), entitled, "Agreement to Establish the Anderson Farm Stream Mitigation Bank in
Buncombe County, North Carolina". Copies of the draft mitigation banking instrument (MBI),
entitled, "Agreement to Establish the Anderson Farm Stream Mitigation Bank in Buncombe
County, North Carolina" were distributed to the IRT on December 27, 2013 with a 30 -day
review period. Comments from the IRT were received and coordinated with the sponsor's
consultant, Mr. Brent Manning of Headwaters Restoration, LLC to develop a final MBI.
Pursuant to 33 CFR Part 332.8(8), I am notifying you that the Corps has completed its review
of the subject document and intends to approve the MBI. If any IRT member objects to this
decision in accordance with the formal dispute resolution process described in 33 CFR Part
332.8(e), please notify the Corps of Engineers, Project Manager for this action, Ms. Amanda
Fuemmeler, and other IRT members by letter, within 15 days of receipt of this notification. If
there are no objections, please have the appropriate representative for your agency sign the
attached final MBI signature page and return to, Ms. Amanda Fuemmeler, USACE, Asheville
Regulatory Field Office, 151 Patton Avenue, Room 208, Asheville, North Carolina 28801, by no
later than June 10, 2013.
Thank you again for your time and cooperation regarding this project. The Wilmington
District is committed to providing the highest level of support to the public. To help us ensure we
continue to do so, please complete the Customer Satisfaction Survey located at our website at
bq://Per2.nvm.usace.gmy.mil/survey.hbnl. If you have any questions, please contact Amanda
Fuemmeler of the Asheville Field Office, telephone [phone], extension 231.
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Sincerely,
Cott Jones
Chief, Ashevi a Regulatory Field Office
Enclosure
DISTRIBUTION:
Copies Furnished (w encl):
Mr. Todd Bowers
Wetlands Section - Region IV Water Management Division
U.S. Environmental Protection Agency
61 Forsyth Street, SW
Atlanta, Georgia 30303
Mr. Bryan Tompkins
U.S. Fish and Wildlife Service
Asheville Field Office
160 Zillicoa Street
Asheville, North Carolina 28801
Mr. Dave McHenry
North Carolina Wildlife Resources Commission
Division of Inland Fisheries
20830 Great Smokey Mountain Expressway
Waynesville, North Carolina 28786 -7787
Mr. Kevin Barnett
Division of Water Quality
North Carolina Department of Environment and
Natural Resources
2090 U.S. 70 Highway
Swannanoa, North Carolina 28778

-3-
Mr. Eric W. Kulz
Division of Water Quality
Wetlands, Buffers, Stormwater - Compliance & Permitting Unit
1650 MSC
Raleigh, North Carolina 27699 -1650
Copy Furnished (w /o encl):
Ms. Kristy Urquhart
AFFP, LLC
34 Wall Street, Suite 502
Asheville, North Carolina 28801
Mr. Brent Manning
Headwaters Restoration, LLC
60 Pearson Drive
Asheville, North Carolina 28801
Mr. Carl Pruitt
Assistant District Counsel
U.S. Army Corps of Engineers
Wilmington District
69 Darlington Avenue
Wilmington, North Carolina 28403
Mr. Todd Tugwell
US Army Corps of Engineers
Wilmington District
11405 Falls of Neuse Road
Wake Forest, North Carolina 27587

AGREEMENT TO ESTABLISH THE ANDERSON FARM STREAM MITIGATION
BANK
IN BUNCOMBE COUNTY, NORTH CAROLINA
This Mitigation Banking Instrument (MBI) is made and entered into on the day of
, 2013, by the AFFP, LLC, hereinafter Sponsor, Southern Appalachian Highlands
Conservancy (SAHC), hereinafter Property Owner, and the U. S. Army Corps of Engineers
(Corps), and each of the following agencies, upon its execution of this MBI, 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
North Carolina Division of Coastal Management (NCDCM), and the North Carolina Division of
Water Quality (NCDWQ). The Corps, together with the State and Federal agencies that execute
this MBI, are hereinafter collectively referred to as the Interagency Review Team (IRT).
WHEREAS the purpose of this agreement is to establish a mitigation bank (Bank) providing
compensatory mitigation for unavoidable wetland 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 Property Owner is the record owner of that certain parcel of land containing
approximately 25 acres located in Buncombe County, North Carolina, described in the Anderson
Farm Stream Mitigation Plan (Mitigation Plan), and as shown on the attached survey (Property);
WHEREAS the agencies comprising the IRT agree that the Bank site is a suitable mitigation
bank site, and that implementation of the Mitigation Plan is likely to result in net gains in
wetland and/or stream functions at the Bank site, and have therefore approved the Mitigation
Plan;
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 MBI.
A. The Sponsor and Property Owner are responsible for assuring the success of the restoration
and enhancement 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 DE receives documentation that
confirms the Sponsor has accepted responsibility for providing the required compensatory
mitigation.

B. The goal of the Bank is to restore and enhance stream systems and their functions to
compensate in appropriate circumstances for unavoidable stream impacts authorized by Section
404 of the Clean Water Act permits and or Section 10 of the Rivers and Harbors Act permits in
circumstances deemed appropriate by the Corps after consultation, through the permit review
process, with members of the IRT.
C. Use of credits from the Bank to offset wetland impacts authorized by Clean Water Act
permits must be in compliance with the Clean Water Act and implementing regulations,
including but not limited to the 404(b)(1) Guidelines, the National Environmental Policy Act,
and all other applicable Federal and State legislation, rules and regulations. This agreement has
been drafted in accordance with the regulations for Compensatory Mitigation for Losses of
Aquatic Resources effective June 9, 2008 (33 CFR Parts 325 and 332) (Mitigation Rule ").
D. The IRT shall be chaired by the District Engineer (DE) of the U.S. Army Corps of Engineers,
Wilmington District. The IRT shall review documentation for the establishment of mitigation
banks. The IRT will also advise the DE in assessing monitoring reports, recommending remedial
measures, approving credit releases, and approving modifications to this instrument. The IRT's
role and responsibilities are more fully set forth in Sections 332.8 of the Mitigation Rule. The
IRT will work to reach consensus on its actions.
E. The DE, after consultation with the appropriate Federal and State review agencies through the
permit review process, shall make final decisions concerning the amount and type of
compensatory mitigation to be required for unavoidable, permitted wetland impacts, and whether
or not the use of credits from the Bank is appropriate to offset those impacts. In the case of permit
applications and compensatory mitigation required solely under the Section 401 Water Quality
Certification rules of North Carolina, the N.C. Division of Water Quality (NCDWQ) will
determine the amount of credits that can be withdrawn from the Bank.
F. The parties to this agreement understand that a watershed approach to establish compensatory
mitigation must be used to the extent appropriate and practicable. Where practicable, in -kind
compensatory mitigation is preferred.
Section II: Geographic Service Area
The Geographic Service Area (GSA) is the designated area within which the bank is authorized
to provide compensatory mitigation required by DA permits. The GSA for this Bank shall
include the French Broad River Basin Hydrologic Unit 06010105 in North Carolina. The
Bank site will restore aquatic resources for low elevation, warm water streams similar to those
found throughout the aforementioned HUC. The low mountain alluvial forest ecosystem that
will occupy the proposed buffer will also utilize an assemblage of native hardwood species found

throughout Western North Carolina. Use of a Bank site to compensate for impacts beyond the
GSA may be considered by the Corps or the permitting agency on a case -by -case basis.
Any Mitigation Plan submitted pursuant to this agreement must contain the information
listed in 332.4(c)(2) through (14) of the Compensatory Mitigation Rule.
A. The Bank site is comprised of two headwater stream systems that drain into Newfound
Creek. Both stream systems have been adversely impacted by silvicultural and agricultural
management activities. A more detailed description of the baseline conditions on the site is
contained in the Mitigation Plan.
B. The Sponsor will perform work described on pages 10 -29 of the Mitigation Plan, including
2,930 linear feet (If) of Priority II stream restoration and 525 if of stream enhancement (Level I).
The purpose of this work, and the objective of the Bank, is to provide high - quality compensatory
mitigation for permitted impacts within the French Broad River Basin via the restoration,
enhancement, and preservation of existing streams within the project area.
C. The Sponsor shall monitor the Bank Site as described on pages 30 -32 of the Mitigation Plan,
or until such time as the IRT determines that the success criteria described on page 30 of the
Mitigation Plan have been met.
D. The members of the IRT will be allowed reasonable access to the Property for the purposes of
inspection of the Property and compliance monitoring of the Mitigation Plan.
Section IV. Reporting
A. The Sponsor shall submit to the DE, for distribution to each member of the IRT, an annual
report describing the current condition of the Bank and the condition of the Bank in relation to
the success criteria in the Mitigation Plan. The Sponsor shall provide to the DE any monitoring
reports described on page 33 of the Mitigation Plan.
B. The Sponsor shall provide ledger reports documenting credit transactions as described in
Section VIII of this MBI.
C. The Sponsor shall provide notification to the DE each time a credit transaction occurs.

Section V. Remedial Action
A. The DE shall review the monitoring reports, and may, at any time, after consultation with the
Sponsor and the IRT, direct the Sponsor to take remedial action at the Bank site. Remedial
action required by the DE shall be designed to achieve the success criteria specified in the
Mitigation Plan. All remedial actions required under this section shall include a work schedule
and monitoring criteria that will take into account physical and climactic conditions.
B. The Sponsor and Property Owner shall implement any remedial measures required pursuant to
the above.
C. In the event the Sponsor determines that remedial action may be necessary to achieve the
required success criteria, it shall provide notice of such proposed remedial action to all members
of the IRT. No remedial actions shall be taken without the concurrence of the DE, in consultation
with the IRT.
A. It is anticipated by the parties that in most cases in which the DE, after consultation with the
IRT, has determined that mitigation credits from the Bank may be used to offset wetland impacts
authorized by Section 404 permits and/or Section 10 permits, that the Restoration Equivalents, as
enumerated above, constitute credits that are considered to be equal to restoration credits for the
purposes of compensatory mitigation. Therefore, the use of Restoration credits or Restoration
Equivalents credits, or any combination thereof, is acceptable to the DE for any permit
requirement so long as the required amount of credits are debited for a given mitigation
requirements. It is also understood that in order to satisfy mitigation requirements imposed by
the NC Division of Water Quality, that restoration impact amounts must be at a minimum of 1:1
such that for every one acre of impact, at least one acre of mitigation must be in the form of
restoration. Additionally, decisions regarding stream mitigation will be made consistent with
current policy and guidance and will be made on a case by case basis. Wetland and stream
compensation ratios are determined by the DE on a case -by -case basis based on considerations of
functions of the wetlands and/or streams impacted, the severity of the wetland and/or stream
impacts, the relative age of the mitigation site, whether the compensatory mitigation is in -kind,
and the physical proximity of the wetland and/or stream impacts to the Bank site.
4

' 1 1
Reach Name
Restoration (Priority
I1)
Enhancement (M)
SCF (18.5 %)
UT 1
1,296
150
240
UT-2
658
375
122
UT-3
976
0
181
TOTAL (11)
2,930
525
CREDITS
2,930
350
542
TOTAL CREDITS
3,822
Note: All stream credits are designated as warm water systems.
B. Notwithstanding the above, all decisions concerning the appropriateness of using credits from
the Bank to offset impacts to waters and wetlands, as well as all decisions concerning the amount
and type of such credits to be used to offset wetland and water impacts authorized by Department
of the Army permits, shall be made by the DE, pursuant to Section 404 of the Clean Water Act and
implementing regulations and guidance, after notice of any proposed use of the Bank to the
members of the IRT, and consultation with the members of the IRT concerning such use. Notice
to and consultation with the members of the IRT shall be through the permit review process.
Section VII: Credit Release Schedule
All credit releases must be approved by the DE, in consultation with the IRT, based on a
determination that required success criteria have been achieved.
A. Credit Release Schedule for Streams: The following credit release schedule applies only to
those stream projects where Restoration or Enhancement I has been performed where pattern,
dimension, and profile, or dimension and profile (respectively) have been improved. Projects
constructed on the outer coastal plain that are subject to the Coastal Plain Information Paper
(USACE/DWQ 2007) where an engineered stream channel was not constructed, will be subject
to the criteria enumerated for wetlands above.
If deemed appropriate by the IRT, fifteen percent (15 %) of the Bank's total stream credits shall
be available for sale immediately upon completion of all of the following:

1. Execution of this MBI by the Sponsor, the DE, and other agencies eligible for membership
in the IRT who choose to execute this agreement;
2. Approval of the final Mitigation Plan;
3. Mitigation bank site has been secured;
4. Delivery of the financial assurance described in Section IX of this MBI; and
5. Recordation of the long -term protection mechanism described in Section X of this MBI, as
well as a title opinion covering the property acceptable to the DE.
Subject to the Sponsor's continued satisfactory completion of all required success criteria and
monitoring, additional stream credits will be available for sale by the Sponsor on the following
schedule:
1. 15 % upon completion of all initial physical and biological improvements made pursuant
to the Mitigation Plan (total 30 %);
2. 10% after first year, provided channel is stable and all other success measures are met
(total 40 %);
3. 10% after second year, provided channel is stable and all other success measures are met
(total 50 %);
4. 10% after third year, provided channel is stable and all other success measures are met
(total 60 %);
5. 10% after fourth year, provided channel is stable and all other success measures are met
(total 70 %);
6. 15% after fifth year, provided channel is stable and all other success measures are met
(total 85 %).
A reserve of 15% of the Bank's total stream credits shall be released any time after two bank -full
events have occurred, in separate years, provided the channel is stable and all other Success
Criteria are met. In the event that less than two bank -full events occur during the monitoring
period, remaining credit release shall be at the discretion of the IRT.
Section VIII: Accounting Procedures
A. The Sponsor shall develop accounting procedures acceptable to the IRT for maintaining
accurate records of debits made from the Bank. Such procedures shall include the generation
of a ledger by the Sponsor showing credits used at the time they are debited from the Bank.
All ledger reports shall identify credits debited and remaining by type of credit and shall
include for each reported debit the Corps ORM ID number for the permit for which the
credits were utilized and the permitted impacts for each resource type. Each time an
approved credit transaction occurs, the Sponsor must notify the DE within 30 days of the
transaction.

B. The Sponsor shall prepare an annual ledger report, on each anniversary of the date of
execution of this agreement, showing all credits used, any changes in credit availability (e.g.,
additional credits released, credit sales suspended), and the beginning and ending balance of
credits remaining. The Sponsor shall submit the annual report to the DE, for distribution to each
member of the IRT, until such time as all of the credits have been utilized, or this agreement is
otherwise terminated.
A. The Sponsor shall provide financial assurances in a form acceptable to the IRT sufficient to
assure completion of all mitigation work, required reporting and monitoring, and any remedial
work required pursuant to this MBI. One escrow account has been funded up to $100,000.00 to
cover 30% of the projected construction budget. The other escrow account has been funded up
to $5,000.00 to cover 10% of the monitoring budget. These escrow accounts have been
established with Asheville Savings Bank located in Asheville, North Carolina. Correspondence
from this institution is included in Appendix D.
B. Financial assurances shall be payable at the direction of the DE to his designee or to a
standby trust. Financial assurances structured to provide funds to the Corps of Engineers in the
event of default by the Bank Sponsor are not acceptable.
C. A financial assurance must be in the form that ensures that the DE receives notification at
least 120 days in advance of any termination or revocation.
Section X: Long -Term Protection
A. The Property Owner shall grant a CE, in form acceptable to the IRT, sufficient to protect the
Bank site in perpetuity. The CE 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 wetlands or
streams within the Bank site, consistent with the Mitigation Plan. The purpose of the CE will be
to assure that future use of the Bank site will result in the restoration, protection, maintenance
and enhancement of wetland functions described in the Mitigation Plan. The Buncombe County
Soil and Water Conservation District will serve as the CE holder for the Bank.
B. The Property Owner shall deliver a title opinion acceptable to the DE covering the
mitigation property. The property shall be free and clear of any encumbrances that would
conflict with its use as mitigation, including, but not limited to, any liens that have priority over
the recorded preservation mechanism.
7

C. Subsequent to the recording of the CE, the Property Owner may convey the Bank Site
property either in fee or by granting an easement to a qualified land trust, state agency, or other
appropriate nonprofit organization. The Property Owner is responsible for ensuring that that the
CE is re- recorded to ensure that it remains within the chain of title. The terms and conditions of
this conveyance shall not conflict with the intent and provisions of the CE nor shall such
conveyance enlarge or modify the uses specified in the CE. The CE must contain a provision
requiring 60 day advance notification to the DE before any action is taken to void or modify the
CE, including transfer of title to, or establishment of any other legal claims over, the project site.
A. The Sponsor and Property Owner shall implement the long -term management plan described
pages 34 -35 of the Mitigation Plan. This plan includes the establishment and proposed funding of
an irrevocable escrow account that will be funded by the sale of credits from the Bank. As
credits are released and sold, two (2) percent of the proceeds will be deposited in the escrow
account. This escrow account will provide funds for long -term maintenance (e.g. fence repairs,
bridge repairs, etc.) and annual monitoring costs. The account will be established and managed
by the Property Owner.
B. The Sponsor and Property Owner, as the landowner of the Bank property and adjacent
acreage, will be responsible for the long -term management and stewardship of the property.
These activities will be conducted in cooperation with the holder of the CE.
Section XII: Default and Closure
A. It is agreed to establish and/or maintain the Bank site until (i) credits have been exhausted or
banking activity is voluntarily terminated with written notice by the Sponsor provided to the DE
and other members of the IRT; and (ii) it has been determined and agreed upon by the DE and
IRT that the debited Bank site has satisfied all the conditions herein and in the Mitigation Plan.
If the DE determines that the Bank site is not meeting performance standards or complying with
the terms of the instrument, appropriate action will be taken. Such actions may include, but are
not limited to, suspending credit sales, adaptive management, decreasing available credits,
utilizing financial assurances, and terminating the instrument.
B. Any delay or failure of Bank Sponsor or Property Owner 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 Sponsor's reasonable control and significantly adversely affects its
ability to perform its obligations hereunder including: (i) acts of God, lightning, earthquake,
fire, landslide, 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 Bank Sponsor is affected by any such event, Bank Sponsor shall
give written notice thereof to the IRT as soon as is reasonably practicable. If such event occurs
before the final availability of all credits for sale, the Sponsor 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 sold prior to such delay or failure to compensate
for impacts to waters, including wetlands, authorized by Department of the Army permits.
Such remedial action shall be taken by the Sponsor only to the extent necessary and
appropriate, as determined by the IRT.
C. At the end of the monitoring period, upon satisfaction of the performance standards, the
Sponsor may submit a request to close out the bank site to the DE. The DE, in consultation with
the IRT, shall use best efforts to review and comment on the request within 60 days of such
submittal. If the DE determines the Sponsor has achieved the performance standards in
accordance with the mitigation plan and all obligations under this MBI, the DE shall issue a
close out letter to the Sponsor.
A. Any agency participant may terminate its participation in the IRT with notice in writing to all
other parties to this agreement. Termination shall be effective seven (7) days from placing
written notices in the United States mail. Member withdrawal shall not affect any prior sale of
credits and all remaining parties shall continue to implement and enforce the terms of this MBI.
B. Modification of this MBI shall be in accordance with the procedures set forth in 332.8 of the
mitigation rule.
C. 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.
D. This MBI constitutes the entire agreement between the parties concerning the subject matter
hereof and supersedes all prior agreements or undertakings.
E. In the event any one or more of the provisions contained in this MBI are held to be invalid,
illegal or unenforceable in any respect, such invalidity, illegality or unenforceablility will not
9

affect any other provisions hereof, and this MBI shall be construed as if such invalid, illegal or
unenforceable provision had not been contained herein.
F. This MBI shall be governed by and construed in accordance with the laws of North Carolina
and the United States as appropriate.
G. This MBI 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.
H. The terms and conditions of this MBI shall be binding upon, and inure to the benefit of the
parties hereto and their respective successors.
I. All notices and required reports shall be sent by regular mail to each of the parties at their
respective addresses, provided below.
Sponsor:
Ms. Kristy Urquhart
AFFP, LLC
34 Wall Street, Suite 502
Asheville, North Carolina 28801
PropertyOwner:
Ms. Kristy Urquhar
Southern Appalachian Highlands Conservancy
34 Wall Street, Suite 502
Asheville, North Carolina 28801
Consultant:
Mr. Brent Manning
Headwaters Restoration, LLC
60 Pearson Drive
Asheville, North Carolina 28801
Corps:
Ms. Amanda Fuemmeler
U.S. Army Corps of Engineers
Asheville Regulatory Field Office
151 Patton Avenue Room 208
Asheville, North Carolina 28801
EPA:
Mr. Todd Bowers
Wetlands Section - Region IV Water Management Division
10

U.S. Environmental Protection Agency
61 Forsyth Street, SW
Atlanta, Georgia 30303
USFWS:
Mr. Bryan Tompkins
U.S. Fish and Wildlife Service
Asheville Field Office
160 Zillicoa Street
Asheville, North Carolina 28801
NCWRC
Mr. Dave McHenry
North Carolina Wildlife Resources Commission
Division of Inland Fisheries
20830 Great Smokey Mountain Expressway
Waynesville, North Carolina 28786 -7787
NCDWQ
Mr. Kevin Barnett
Division of Water Quality
North Carolina Department of Environment and
Natural Resources
2090 U.S. 70 Highway
Swannanoa, North Carolina 28778
And
Mr. Eric W. Kulz
Division of Water Quality
Wetlands, Buffers, Stormwater - Compliance & Permitting Unit
1650 MSC
Raleigh, North Carolina 27699 -1650
11

IN WITNESS WHEREOF, the parties hereto have executed this Agreement entitled
"Agreement to Establish the Anderson Farm Stream Mitigation Bank in Buncombe
County, North Carolina":
Sponsor: AFFP, LLC
Representative Name/Title:
Signature:
Date:
12

IN WITNESS WHEREOF, the parties hereto have executed this Agreement entitled
"Agreement to Establish the Anderson Farm Stream Mitigation Bank in Buncombe
County, North Carolina":
Property Owner: Southern Appalachian Highlands Conservancy
Representative Name/Title:
Signature:
Date:
13

IN WITNESS WHEREOF, the parties hereto have executed this Agreement entitled
"Agreement b Establish the Anderson Farm Stream Mitigation Bank in Buncombe
County, North Carolina":
U.S. Army Corps of Engineers
Representative Name/Title:
Signature:
Date:
14

IN WITNESS WHEREOF, the parties hereto have executed this Agreement entitled
"Agreement to Establish the Anderson Farm Stream Mitigation Bank in Buncombe
County, North Carolina":
North Carolina Division of Water Quality
Representative Name/Title:
Signature:
Date:
15

IN WITNESS WHEREOF, the parties hereto have executed this Agreement entitled
"Agreement to Establish the Anderson Farm Stream Mitigation Bank in Buncombe
County, North Carolina ":
U.S. Fish & Wildlife Service
Representative Name/Title:
Signature:
Date:
16

IN WITNESS WHEREOF, the parties hereto have executed this Agreement entitled
"Agreement to Establish the Anderson Farm Stream Mitigation Bank in Buncombe
County, North Carolina ":
North Carolina Wildlife Resource Commission
Representative Name /Title:
Signature:
Date:
17

IN WITNESS WHEREOF, the parties hereto have executed this Agreement entitled
"Agreement to Establish the Anderson Farm Stream Mitigation Bank in Buncombe
County, North Carolina ":
U.S. Environmental Protection Agency
Representative Name/Title:
Signature:
Date:
18

List of Appendices
Appendix A: Anderson Farm Stream Mitigation Bank - Final Mitigation Plan
Appendix B: Property Survey and Legal Description
Appendix C: Map — Geographic Service Area
Appendix D: Form of Financial Assurance
Appendix E: Form of Preservation Mechanism
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