 Memorandum of Understanding Between the Department of Transportation and the Department of Environment and Natural Resources |
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Memorandum of Understanding Between the Department of Transportation and the Department of Environment and Natural Resources |
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MEMORANDUM OF UNDERSTANDING BETWEEN THE NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES AND THE NORTH CAROLINA DEPARTMENT OF TRANSPORTATION
This is a Memorandum of Understanding (MOU) between the North Carolina Department of Environment and Natural Resources (NCDENR) and the North Carolina
The NCDENR and the NCDOT agree to work together to develop a cooperative process for identifying and implementing compensatory mitigation projects within the context of local watershed restoration plans. The NCDENR and the NCDOT agree that implementation of this cooperative process will require the following actions:
Page 1A. The development of an agreement that specifies the financial obligations and duties of each agency. Under the agreement, the NCDOT proposes to pay the NCDENR the sum of $17,500,000 in seven (7) annual and equal installments of $2,500,000 in July of 1999,2000, 2001,2002,2003, 2004, and 2005, to produce local watershed restoration plans within watersheds where NCDOT has identified compensatory mitigation needs. B. The development of local watershed restoration plans by NCDENR for watersheds where NCDOT has identified compensatory wetland mitigation needs. The plans will include components that can be used to satisfy compensatory mitigation requirements. C. The establishment of the North Carolina Watershed Restoration Policy Committee (WRPC) with representation from the following state and federal agencies: NCDOT, Division of Water Quality, Wetlands Restoration Program, Division of Coastal Management, Wildlife Resources Commission, Division of Marine Fisheries, Division of Forest Resources, Division of Soil and Water Conservation, Division of Water Resources, Division of Land Resources, Division of Parks and Recreation, U. S. Army Corps of Engineers, Federal Highway Administration, U. S. Fish and Wildlife Service, Natural Resources Conservation Service, National Marine Fisheries Service, Environmental Protection Agency, and any other appropriate natural resource agency. The purpose of the WRPC is to review the local watershed restoration plans developed by the Page 2NCDENR and identify those components of the plans that could be utilized to satisfy compensatory mitigation requirements for NCDOT. The Wetlands Restoration Program would transmit these recommendations to the U.S. Army Corps of Engineers for consideration. D. Commitment by NCDOT to avoid and minimize, to the maximum extent practicable, impacts to certain types of wetland, stream and riparian habitats as identified in advance by the WRPC, or NCDENR in cooperation with NCDOT. E. Implementation by NCDOT of the components of the local watershed restoration plans recommended by the WRPC and approved by the U.S. Army Corps of Engineers as appropriate for satisfying compensatory mitigation requirements through payment to the Wetlands Restoration Fund, implementation of projects by NCDOT, the purchase of credits from private mitigation banks, or any other mechanism that is consistent with the goals of the local watershed restoration plan and is approved by the U.S. Army Corps of Engineers.
III In order to facilitate the establishment of a cooperative relationship between the two agencies for addressing compensatory mitigation requirements, the NCDENR and the NCDOT agree to operate under the following protocol: A. During the period before the full development of the local watershed restoration plans, the NCDOT will consult with the Wetlands Restoration
Page 3 Program andlor the WRPC before initiating any action to search for potential mitigation sites. The NCDOT will provide NCDENR with quarterly updates of estimated impacts to wetlands and streams that incorporate any changes in the Transportation Improvement Program adopted by the North Carolina Board of Transportation. B. For a period of three (3) years from the effective date of this MOU, if the NCDOT elects to satisfy its mitigation requirements through a source other than the Wetlands Restoration Program, the Divisions of Water Quality and Coastal Management will allow the NCDOT to submit an application without a stream mitigation plan. The NCDOT will submit the stream mitigation plan within twelve (12) months following the date of issuance of the 401 Water Quality Certification. At the time of application, the NCDOT must declare its intent to either pay the appropriate fee to the Wetlands Restoration Program or satisfy its stream mitigation requirements through another source.
IV. Open Communication and Cooperation: Both NCDENR and NCDOT acknowledge that it is their desire to facilitate the process set forth in this MOU by open communication and cooperation. Both parties expect to exercise their rights and obligations in good faith as contained in this MOU.
Page 4V. Amendment and Termination: This MOU may be terminated by either party by giving sixty (60) days written notice to the other party. Amendment of this MOU requires written approval by both the NCDENR and the NCDOT.
VI. Signatures: This MOU shall become effective when signed by both the Secretary of the NCDENR and the Secretary of the NCDOT.
WITNESS: NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES
BY: BY: SECRETARY
WITNESS NORTH CAROLINA DEPARTMENT OF TRANSPORTATION
BY BY:
SECRETARY 07/07/99
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The Wetlands/401 Water Quality Certification Unit of the Division of Water Quality - North Carolina Department of Environment and Natural Resources. For more information please call (919) 733-1786 or write NC DENR/Division of Water Quality, Wetlands Unit, 1621 Mail Service Center, Raleigh, NC 27699-1621. For information or comments on this Web Site please email Rick Savage - "rick.savage@ncmail.net"