20180182 Ver 1_Yd 01- Red Barn Instrument-EPR-signature-L Culpepper_20191113

ROY COOPER
Govemor
MICHAEL S. REGAN
secretary
LINDA CULPEPPER
Director
NORTH CAROLINA
Environmental Quality
November 12, 2019
tiP
TO: Linda Culpepper
Director
FROM: Mac Haupt
Acting Supervisor, 401 and Riparian Buffer Permitting Branch
Stream and Wetland Mitigation Coordinator
0'6
SUBJECT: Division Approval of the Red Barn Mitigation Bank, Yadkin 01, Ecosystem
Planning and Restoration (EPR), PLLC
v
The attached Mitigation Banking Instrument (MBI) is between:
Ecosystem Planning and Restoration (EPR), PLLC
and the U. S. Army Corps of Engineers (COE) and each of the agencies listed on the signature
page. The project for this Bank is the Red Barn 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.
North Carolina Department of Environmental Quality 1 Division of Water Resources
512 North Salisbury Street 1 1617 Mali Service Center 1 Raleigh, North Carolina 27699-1617
919.707.9000

AGREEMENT TO ESTABLISH THE RED BARN MITIGATION BANK
IN THE YADKIN RIVER BASIN (HUC 03040101), SURRY COUNTY,
NORTH CAROLINA
July 2019
USACE approval of this Instrument constitutes the regulatory approval required for the Red
Barn Mitigation Bank Site 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 Mitigation Banking Instrument (MBI) is made and entered into on this day of
2019, by Ecosystem Planning and Restoration (EPR), PLLC hereinafter Sponsor,
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 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 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 and/or stream impacts separately authorized by
Section 404 Clean Watcr 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 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.
Section I: General Provisions
A. The Sponsor is responsible for assuring the success of the restoration, rehabilitation, creation,
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 District Engineer (DE)
receives documentation that confirms the Sponsor has accepted responsibility for providing the
required compensatory mitigation.
B. The goals of the Bank site are to restore, rehabilitate, enhance, and create wetland and
stream systems and their functions to compensate in appropriate circumstances for
unavoidable wetland and stream impacts authorized by Section 404 of the Clean Water Act
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By:
IN WITNESS WHEREOF, the parties hereto have executed this Agreement entitled
"Agreement To Establish The Red Barn Mitigation Bank in the Yadkin River Basin (HUC
03040101), Surry County, North Carolina":
BANK SPONSOR
Ecosystem Planning and Restoration, PLLC
By: Date:
INTERAGENCY REVIEW TEAM
U.S. Army Corps of Engineers:
By: Date:
U.S. Environmental Protection Agency:
By: Date:
U.S. Fish and Wildlife Service:
By: Date:
N.C. Division of Water Resources:
(
N.C. Wildlife Resources Commission:
Date:
11 /51,1c19
By: Date:
NC State Historic Preservation Office:
By: Date:
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