Transfer of Permit Mitigation Responsibility. The Sponsor agrees to accept full legal responsibility for satisfying the mitigation requirements for all Corps, State, [insert Tribal if applicable] and local permits for which mitigation fees from a permittee have been accepted under the terms of this Instrument. This responsibility includes compliance with 33 CFR Part 332, 40 CFR Part 230, Chapter 90.48 RCW, [insert local and Tribal citations that are applicable to ILF Program], and any other applicable Federal, State, [insert Tribal if applicable] and local laws. In satisfaction of the compensatory mitigation requirements, the Sponsor shall provide compensatory mitigation of the type and in the amount necessary to meet applicable Federal, State, [insert Tribal, if applicable] and local regulatory requirements. Any transfer of mitigation responsibility is contingent upon the prior approval of this Instrument by the Sponsor, the Corps, and Ecology. Mitigation responsibility includes, but is not limited to: the identification and selection of mitigation sites, property rights acquisition, water rights acquisition, mitigation plan design and development, construction, monitoring, site protection, and long term management of the required mitigation. The transfer of mitigation responsibility from the permittee to the Sponsor for each impact site shall be effective upon (a) the permittee purchasing from the Sponsor the appropriate number [insert and resource type, if applicable] of ILF credits, and (b) the Corps’ and Ecology’s receipt of the Statement of Sale found in Exhibit , which expressly specifies that the Sponsor, and its successors and assigns, assume responsibility for accomplishment and maintenance of the permittee’s compensatory mitigation requirements associated with the impacting project, as required by the permit conditions, upon completion of the ILF credit sale.
Transfer of Permit Mitigation Responsibility. The Sponsor agrees to accept full 9 legal responsibility for satisfying the compensatory mitigation requirements for Corps, State, 10 tribal, and local permits for which mitigation fees from a permittee have been accepted under 11 the terms of this Instrument. This responsibility includes compliance with 33 CFR Part 332, 40 12 CFR Part 230, and any other applicable federal, state, tribal, and local jurisdiction laws. In 13 satisfaction of the compensatory mitigation requirements, the Sponsor shall provide 14 compensatory mitigation of the type and in the amount necessary to meet applicable federal, 15 state, tribal, and local regulation requirements. Any transfer of mitigation responsibility is 16 contingent upon the prior approval of this Instrument by the Sponsor, the Corps and Ecology.
Transfer of Permit Mitigation Responsibility. Upon acceptance by the COUNTY of the Mitigation Fee from [PERMITTEE], [PERMITTEE] transfers to the COUNTY, and the COUNTY agrees to accept, full legal responsibility and obligation for satisfying the In-Lieu Fee Credits identified in Section II.D. above in accordance with the terms of the Program Instrument.
Transfer of Permit Mitigation Responsibility. The Sponsor agrees to accept full 113 legal responsibility for satisfying the mitigation requirements for all Corps, State, Tribal, and 114 local permits for which mitigation fees1 from a permittee have been accepted under the terms of 115 this Instrument. This responsibility includes compliance with 33 CFR Part 332, 40 CFR Part 230, 116 Chapter 90.48 RCW, Xxxxxx County Code (18E.030), and any other applicable Federal, State, 117 local, and Tribal laws. In satisfaction of the compensatory mitigation requirements, the Sponsor 118 shall provide compensatory mitigation of the type and in the amount necessary to meet 119 applicable Federal, State, and local regulatory requirements. Any transfer of mitigation 1 In Xxxxxx County Code, 18G.20, the “mitigation fee” is labeled the “credit fee.” In this Basic Agreement, “mitigation fee” is the total of the land fee and the credit fee, combined. In Xxxxxx County Code, the full cost to the developer is known as the “credit fee”, and it includes that portion of the fee that will be deposited into the land fee account. 120 responsibility is contingent upon the prior approval of this Instrument by the Sponsor, the Corps 121 and Ecology. 122 1. Mitigation responsibility includes, but is not limited to: the identification and 123 selection of mitigation sites, property rights acquisition, water rights acquisition, 124 mitigation plan design and development, construction, monitoring, preservation, 125 and long term maintenance and management of the required mitigation.
