Projects Eligible to Use the Agreement. Developed Sites will be for NDOR use only for mitigating impacts on waters of the U.S. and waters of the State, including wetlands, caused by highway construction projects. Additionally, Sites may be used for mitigating impacts to EO 11990 wetlands and State Title 117 waters. For projects requiring authorization under Section 404 of the Clean Water Act and Section 10 of the Rivers and Harbors Act, USACE, in consultation with other regulatory and resource agencies, will determine on a case-by-case basis the eligibility of projects to use the Agreement. For projects requiring authorization under other Federal, State, and tribal programs, such as EO 11990, the appropriate entity will determine the eligibility and will have sole responsibility on determining the applicability of each Site in providing mitigation for their respective area of authority. As discussed in Section 5.4, debits will be tracked for use for each respective program in one ledger per Site. Credits applied for one program would not be available for use for another program. USACE will maintain the official Site ledger in RIBITS.
Appears in 2 contracts
Sources: Mitigation Banking Agreement, Mitigation Banking Agreement