HomeMy WebLinkAboutNOTIFICATION to Corps - Cottonwood Subdivision SRI Missouri Headwaters, LLC c/o Swift River Investments, LLC
53 Williams Street
Upton, MA 01568
NOTIFICATION OF ACCEPTANCE OF LIABILITY FOR MITIGATION REQUIREMENT
US ARMY CORPS OF ENGINEERS FILE NUMBER NWO-2017-02234-MTH
Casey Lynch / Cottonwood Subdivision – unavoidable impacts to 0.337 acres of wetlands
associated with Farmer’s Canal in Gallatin County, MT
To the US Army Corps of Engineers, Omaha District, Montana State Regulatory Office (the
“Corps”):
Casey Lynch / Cottonwood Subdivision (“Permittee”) has been issued a Section 404 Clean Water
Act permit, with Permit No. NWO-2017-02234-MTH (the “Permit”). The Permit authorizes
Permittee to purchase mitigation credits from a “third-party provider” as specified in 33 CFR 332,
in this case the Upper Missouri Mitigation Bank, sponsored by SRI Missouri Headwaters, LLC (the
“Bank”) to mitigate Permittee’s impacts to the following aquatic resources:
Placement of native fill, uncrushed subbase, crushed gravel and asphalt in wetlands associated
with Farmer’s Canal, impacting 0.337 acres in Gallatin County, Montana requiring 0.337
wetland credits as compensatory mitigation
with such mitigation hereafter referred to as the “Mitigation Requirement”. Pursuant to the
terms and conditions of a Mitigation Credit Purchase Agreement and Acknowledgment, executed
by Permittee and the Bank, and following payment in full by Permittee for the specified
mitigation credits, the Bank has agreed to accept responsibility for the Mitigation Requirement
in perpetuity.
The Bank, by acceptance of payment for the Mitigation Requirement, acknowledges that the
Bank is responsible for the off-site compensatory mitigation activities as required in the Permit
and agrees to complete the off-site compensatory mitigation in accordance with provisions
specified in the Mitigation Bank Agreement dated October 12, 2012, executed by the Corps
District Commander March 7, 2013.
Dated this 15th day of April, 2019.
FOR: SRI Missouri Headwaters, LLC, Sponsor
By _____________________________, its Agent
David D Patrick, Jr, Principal
Eco-Asset Management, LLC