HomeMy WebLinkAboutRES Neuse 01 UMBI_ Pantera Site_ Approval Letter SAW-2022-00606DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
69 DARLINGTON AVENUE
WILMINGTON, NORTH CAROLINA 28403-1343
April 15, 2024
Regulatory Division
SUBJECT: Approval of the RES Neuse 01 Umbrella Mitigation Bank Instrument and
Pantera Site Final Mitigation Plan, Action ID SAW-2022-00606
Ms. Jennifer Hatchett
Environmental Banc and Exchange, LLC
3600 Glenwood Avenue, Suite 100
Raleigh, North Carolina 27612
Dear Ms. Hatchett:
This letter is to inform you that the Wilmington District, Corps of Engineers (Corps)
has reviewed and approved the RES Neuse 01 Umbrella Mitigation Bank Instrument
and Pantera Site Final Mitigation Plan, Action ID SAW-2022-00606, dated March 2024.
The final signed UMB instrument is enclosed for your reference. Additionally,
Nationwide Permit 27 authorization required for work within waters of the United States
associated with the restoration and enhancement of aquatic resources at the mitigation
bank site has already been issued.
As bank sponsor you are required to comply with the approved RES Neuse 01
UMB Instrument and Pantera Site Final Mitigation Plan, and the Corps’ regulations
regarding compensatory mitigation (33 CFR 332). Please note that no credit release is
approved with this correspondence. Once you have completed all actions required by
Section VII of the approved instrument and mitigation plan for the initial release of
credit, please submit documentation to this effect to our office along with a request for
the credit release that specifies the amount and type of credits to be released.
The bank sponsor (Environmental Banc & Exchange, LLC) accepts all risk, liability,
and responsibility for the success of all mitigation activities associated with the
approved mitigation bank site. In accordance with the approved Final Mitigation Plan,
the bank sponsor must prepare and submit annual monitoring reports to document
whether the wetland restoration and enhancement areas for the project site meet the
necessary interim and final performance standards. When credits are debited from the
mitigation site, the bank sponsor must provide the Corps with an updated ledger form
identifying the purchaser of the credits, the project name, the permit number, and the
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number and type of credits to be debited. When all credits have been consumed, no
more credits may be sold from this mitigation site.
Please note that this electronic copy provided to you via email is your official
copy. Should you wish to receive a paper copy of this correspondence, please contact
us. Thank you for your time and cooperation. If you have any questions, please contact
me by email at todd.j.tugwell@usace.army.mil or by phone at (919) 210-6265.
Sincerely,
Todd Tugwell
Chief, Mitigation Branch
Enclosure
cc (by email):
Tommy Fennel, Regulatory Division Chief
NCIRT Distribution List
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AGREEMENT TO ESTABLISH THE RES NEUSE 01 UMBRELLA MITIGATION BANK
IN NEUSE RIVER BASIN WITHIN THE STATE OF NORTH CAROLINA
USACE approval of this Instrument constitutes the regulatory approval required for the
RES NEUSE 01 MITIGATION BANK to be used to provide compensatory mitigation for
Department of the Army permits pursuant to 33 C.F.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 , 2024, by Environmental Banc & Exchange, 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 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 site is suitable
mitigation 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 UMBI.
Section I: General Provisions
A.The Sponsor is responsible for assuring the success of the restoration, creation,
enhancement and/or preservation activities at each 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 Umbrella Bank are to restore, enhance, create and/or preserve
wetland and/or stream systems and their functions to compensate in appropriate
circumstances for unavoidable wetland and/or stream impacts authorized by Section
404 of the Clean Water Act permits and or Section 10 of the Rivers and Harbors Act
15 April
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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 and/or stream 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
July 9, 2008 (33 CFR Parts 325 and 332) (Mitigation Rule).
D. The IRT shall be chaired by the DE of the U.S. Army Corps of Engineers, Wilmington
District (District). The IRT shall review documentation for the establishment of
Mitigation Bank sites. 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
and/or stream 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 NCDWR will determine the amount of credits
that can be withdrawn from the Bank. Any credits used to offset impacts solely
authorized by Section 401 cannot be used for other impacts authorized under Section
404 of the Clean Water Act or Section 10 of the Rivers and Harbors Act.
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 Umbrella
Bank is authorized to provide compensatory mitigation required by DA permits. The GSA
for this Bank is located in the Neuse River Basin in North Carolina. The GSA for each site
included in this Bank shall be provided in the site-specific Mitigation Plan(s), and identified
by the 8 or 12-digit Hydrologic Unit Codes (HUCs) that make up the GSA. Unless
otherwise authorized in the site-specific Mitigation Plan, credits can only be used to offset
impacts in the same GSA in which they were generated, and credits from each site
included in this Bank must be tracked on separate ledgers. Credits generated by this
Bank may not be used to offset impacts located outside of the State of North Carolina.
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Section III: Mitigation Plan
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 Sponsor will perform work described in the Pantera approved Mitigation Plan
and any additional plans submitted under this Umbrella Instrument.
B. The Sponsor shall monitor the Bank site(s) as described in the approved Mitigation
Plan(s), until such time as the IRT determines that the performance standards
described in the Mitigation Plan(s) have been met, at which point projects may be
closed and transferred to long-term stewardship.
C. Mitigation Plan(s) submitted for inclusion in this Bank must meet the requirements of
any District guidance that is current at the time a new site is submitted to the District,
including any updates made to monitoring requirements, credit releases, long term
management, or any other provisions that are required and/or specifically addressed
in the Mitigation Plan. The addition of any site to this Instrument shall be considered
as a modification to this Instrument, and processed in accordance with the
procedures set forth in the Mitigation Rule.
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 site(s) and the condition of
the Bank site(s) in relation to the performance standards in the Mitigation Plan(s).
The Sponsor shall provide to the DE any monitoring reports described in the
Mitigation Plan(s).
B. As part of each annual monitoring report, the Sponsor shall also provide ledger
reports documenting credit transactions as described in Section VIII of this UMBI.
C. Each time an approved credit transaction occurs, the Sponsor shall provide
notification to the DE within 30 days of the transaction. This notification shall consist
of a summary of the transaction and a full ledger report reflecting the changes from
the transaction. Additionally, signed copies of the Compensatory Mitigation Transfer
of Responsibility Form shall be submitted to the Corps Project Manager for the
permit and the Corps Bank Manager for the Bank site.
Section V: Remedial Action
A. The DE shall review the monitoring reports, as required in the Mitigation Plan(s), and
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may, at any time, after consultation with the Sponsor and the IRT, direct the Sponsor
to take remedial action at the Bank site(s). Remedial action(s) required by the DE
shall be designed to achieve the performance standards as specified in the
Mitigation Plan(s). 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 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 performance standards, they shall provide notice of such
proposed remedial action to the DE for distribution to all members of the IRT. As
specified in the site-specific Mitigation Plan(s), some remedial actions may require
submission of a detailed Adaptive Management Plan for approval by the DE, in
consultation with the IRT. No remedial actions shall be taken without the
concurrence of the DE.
Section VI: Use of Mitigation Credits
A. Description of credit classifications and provisions pertaining to the use of those
credits shall be provided in each site-specific Mitigation Plan to be included in this
Bank. Credit classifications (e.g., cold water stream, cool water stream, warm water
stream, coastal wetlands, non-riparian wetlands, riparian non-riverine wetlands, and
riparian riverine wetlands) will be in accordance with current District guidance at the
time the Mitigation Plan is submitted to the District. In general, these classifications
will be used to determine if a particular credit qualifies as “In-Kind” mitigation.
Exceptions to the use of “In-Kind” mitigation may be allowed at the discretion of the
permitting agencies on a case-by-case basis.
B. 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.
C. 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 stream 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. These decisions may include notice to and consultation
with the members of the IRT through the permit review process if the DE determines
this to be appropriate given the scope and nature of the impact.
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Section VII: Credit Release Schedule
A. All credit releases must be approved in writing by the DE, following consultation with
the IRT, based on a determination that required performance standards have been
achieved.
B. A credit release schedule shall be provided in each site-specific Mitigation Plan that
is included in this Bank. The release schedule will list all of the proposed credit
releases and any performance standards associated with those releases.
C. In general, the initial allocation of credits from any site included as part of this Bank
shall be available for sale only after the completion of all of the following:
1. Execution of this UMBI by the Sponsor, the DE, and other agencies eligible for
membership in the IRT who choose to execute this agreement, to include the
approval of any modifications to this agreement when new sites are added to it;
2. Approval of a final Mitigation Plan;
3. Confirmation that the mitigation bank site has been secured;
4. Delivery of executed financial assurances as specified in the site-specific
Mitigation Plan;
5. Delivery of a copy of the recorded long-term protection mechanism as described
in as specified in the site-specific Mitigation Plan, as well as a title opinion
covering the property acceptable to the DE; and
6. Issuance of any DA permits necessary for construction of the mitigation site (if
necessary).
7. Documentation of the establishment of the long-term endowment/escrow
account.
The Sponsor must initiate implementation of the approved Mitigation Plan(s) no later
than the first full growing season after the date of the first credit transaction (i.e.,
construction of the initial physical and biological improvements proposed in the
approved Mitigation Plan(s) must be started by the end of the first full growing season
following the initial sale of any credits from the Bank. This provision does not apply to
preservation-only sites that do not include any physical or biological improvements.
Subject to the Sponsor’s continued satisfactory completion of all required performance
standards and monitoring, additional restoration mitigation credits will be available for
sale by the Sponsor as specified in the final Mitigation Plan.
Section VIII: Accounting Procedures
A. The Sponsor shall develop accounting procedures acceptable to the DE 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
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impacts for each resource type.
B. When credits from the Bank are sought by a permit applicant, the Sponsor shall
prepare a reservation letter for the applicant to include with the Corps permit
application, that documents the number and type of credits available to be debited
from the Bank, and the amount of time (if any) that those credits will be held for that
applicant (with an expiration date for the letter of availability).
C. Each time an approved credit transaction occurs, the Sponsor shall notify the DE
within 30 days of the transaction with a summary of the transaction and a full ledger
report showing the changes made. Signed copies of the Transfer of Mitigation
Responsibility form shall also be submitted to the Corps Permit Project Manager and
the Corps Bank Manager for that Bank.
D. 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 credits, etc.), and
the beginning and ending balance of remaining credits. 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.
Section IX: Financial Assurances
A. Financial assurances will be detailed in each site-specific Mitigation Plan included in
the Bank. The Sponsor shall provide financial assurances in a form acceptable to
the DE, sufficient to assure completion of all mitigation work, required reporting and
monitoring, and any remedial work required pursuant to this UMBI. The financial
assurance value should be based on the cost of doing the mitigation work, including
costs for land acquisition, planning and engineering, legal fees, mobilization,
construction, and monitoring. For preservation only Bank sites, no financial
assurances will generally be required unless there are specific activities necessary
to ensure the successful preservation of resources on the site, in which case
appropriate financial assurances may still be required.
B. All financial assurances shall be made payable to a standby trust or to a third-party
designee, acceptable to the Corps, who agrees to complete the project or provide
alternative mitigation. Financial assurances structured to provide funds to the Corps
in the event of default by the Sponsor are not acceptable.
C. The form and amount of financial assurances must be stated in each site-specific
Mitigation Plan included in the Bank in order for the plan to be approved. This must
include the name of the specific provider of those assurances and the method by
which the financial assurances will be provided in the event that they must be
utilized. Original copies of the financial assurance documents must be provided to
the DE prior to the initial release of credits.
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D. 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: Site Protection
A. The Sponsor shall grant a Conservation Easement (CE) in form acceptable to the
DE, sufficient to protect each 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 and/or stream functions described in the
Mitigation Plan. The name and contact information for the Corps approved easement
holder and a draft copy of the CE will be provided in each site-specific Mitigation
Plan.
B. The Sponsor 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 CE.
C. Subsequent to the recording of the CE, the Sponsor 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 approved by the Corps. The
Sponsor is responsible for ensuring that the CE is re-recorded so 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 easement. 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 Bank site.
Section XI: Long-term Management
A. The Sponsor shall implement the long-term management plan as described in
each site-specific Mitigation Plan. The name and contact information for the
party responsible for long-term management of the Pantera Stream and
Wetland Mitigation Plan is: Pantera Stream and Wetland Mitigation Plan
North Carolina Wildlife Habitat Foundation,
https://ncwhf.org/
910-546-6656
B. The long-term management plan will include a list of annual maintenance,
monitoring, and/or repair activities for each Bank site, the associated annual cost for
each activity, and the required total amount necessary to provide all future site
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management. The long-term management plan should explain how the funds will be
managed and provided to the designated long-term manager (e.g., an endowment
managed through a separate account holder). The long- term management plan
should include a contingency section that addresses how the responsibility and
funding for the long-term site management will be passed on to a new manager in
the event that the selected long-term management entity is no longer able to provide
for management of the site.
Section XII: Default and Closure
A. It is agreed to establish and maintain all sites included in this Bank 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. As sites developed as part of this Bank are specifically intended to restore streams
and/or wetland systems that are subject to periodic flooding and drought conditions,
they should be designed to withstand any such events that are anticipated to occur
in the natural environment. This is not limited to routine or minor flooding or
droughts, but also specifically includes flooding events resulting from hurricanes, or
other extreme weather events as well as extended periods of drought. Additionally,
this includes conditions resulting from sea level rise that adversely impact sites that
are part of this Bank.
C. Any delay or failure of Sponsor 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, subject to the
exceptions contained in Paragraph B above, 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 Sponsor is affected by
any such event, 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
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remedial action shall be taken by the Sponsor only to the extent necessary and
appropriate, as determined by the IRT.
D. At the end of the monitoring period, upon satisfaction of the performance standards,
the Sponsor may submit a request to the DE for site close out. 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.
Section XIII: Miscellaneous
A. Modification of this UMBI shall be in accordance with the procedures set forth in
332.8 of the Mitigation Rule.
B. 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.
C. This UMBI constitutes the entire agreement between the parties concerning the
subject matter hereof and supersedes all prior agreements or undertakings.
D. In the event any one or more of the provisions contained in this UMBI are 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.
E. This UMBI shall be governed by and construed in accordance with the laws of North
Carolina and the United States as appropriate.
F. 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.
G. The terms and conditions of this UMBI shall be binding upon, and inure to the benefit
of the parties hereto and their respective successors.
H. All notices and required reports shall be sent by email (or by hard copy upon
request) to each of the parties at their respective addresses, provided below:
Sponsor:
Environmental Banc & Exchange, LLC
3600 Glenwood Avenue Suite 100
Raleigh NC 27612
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Corps:
Mr. Todd Tugwell
U.S. Army Corps of Engineers Regulatory Division
Wilmington District, Raleigh Field Office
3331 Heritage Trade Drive, Suite 105
Wake Forest, North Carolina 27587
todd.j.tugwell@usace.army.mil
USEPA:
Mr. Todd Bowers
Wetlands Section - Region IV Wetlands and Stream Regulatory
Section U.S. Environmental Protection Agency
61 Forsyth Street, SW
Atlanta, Georgia 30303
bowers.todd@epa.gov
USFWS: (Raleigh Service Office area)
Ms. Kathy Matthews
U.S. Fish and Wildlife Service
P.O. Box 33726
Raleigh, NC 27636-3726
kathryn_matthews@fws.gov
USFWS: (Ashville Service Office area)
Byron Hamstead
U.S. Fish and Wildlife Service
Asheville Ecological Services Field Office
160 Zillicoa Street
Asheville, North Carolina, 28801
byron_hamstead@fws.gov
NCWRC:
David R. Cox, Supervisor
Habitat Conservation Division
NC Wildlife Resources Commission
NCWRC – Rogers Depot
1718 NC Hwy. 56 West
Creedmoor, NC 27522
david.cox@ncwildlife.org
NCDWR:
Ms. Maria Polizzi
Division of Water Resources
N.C. Department of Environmental Quality
1617 Mail Service Center
Raleigh, NC 27699-1617
maria.polizzi@deq.nc.gov
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NCSHPO
Renee Gledhill-Earley
State Historic Preservation Office
4617 Mail Service Center
Raleigh, NC 27699-4617
environmental.review@dncr.nc.gov; renee.gledhill-
earley@dncr.nc.gov
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IN WITNESS WHEREOF, the parties hereto have executed this Agreement entitled
“Agreement To Establish The RES Neuse 01 Umbrella Mitigation Bank In Wayne
County, North Carolina”:
Sponsor:
By: Date:
U.S. Army Corps of Engineers:
By: Date:
04/12/24
15 APR 2024
13
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IN WITNESS WHEREOF, the parties hereto have executed this Agreement
entitled “Agreement To Establish The RES Neuse 01 Umbrella Mitigation Bank,
Neuse River Basin in the State of North Carolina”:
U.S. Environmental Protection Agency:
By: Date:
U.S. Fish and Wildlife Service:
By: Date:
N.C. Division of Water Resources:
By: Date:
N.C. Wildlife Resources Commission:
By: Date:
NC State Historic Preservation Office:
By: Date:
National Marine Fisheries Service:
By: Date:
N.C. Division of Coastal Management:
By: Date:
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List of Appendices
Appendix A: Geographic Service Area Map
Appendix B: Mitigation Plan (Each plan should include construction costs, maintenance
and monitoring costs, draft copy of financial assurance documents, draft copy of site
protection instrument, and a long term management plan as appendices to the plan.)