HomeMy WebLinkAboutAppendix W - Proof of Payment into Wetland Bank 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-2021-01287-MT
Derek Williams, Buffalo Run Bozeman, LLC – Subdivision development,
Gallatin County, MT
To the US Army Corps of Engineers, Omaha District, Montana State Regulatory Office (the
“Corps”):
Derek Williams, Buffalo Run Bozeman, LLC (“Permittee”) has been issued a Section 404 Clean
Water Act permit, with Permit No. NWO-2021-01287-MT (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:
Construction of a residential subdivision with fill placement in five (5) wetland areas, Gallatin
County, Montana, impacting 0.48 acre of emergent wetlands requiring 0.48 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 25th day of July, 2022.
FOR: SRI Missouri Headwaters, LLC, Sponsor
By _____________________________, its Authorized Agent
David D Patrick, Jr, Principal
Eco-Asset Management, LLC