Loading...
HomeMy WebLinkAboutUS Interior Dept of Fish &PARTNERS FOP,. WI[ I-)LIFE FISH AND WILDLIFE HABITAT RESTORATION AGI~FF.MENT This fish and wildlife Imbit/tt restoration agreement, dated ,"2.ff Jfiro 6 ~ s 't- c~ ~ , between ~3~ 0~- ~,,~7~c7~ ~ (~Cooperator),theU. S. Fishand Wildlife Service (Service), and --Z)~ct~ (.2~_~.~. ~0 (Partners) is entered into purmant to authority contained in Section 1 of the Fish and Wildlife Coordination Act (16 U.S.C. 661) and the Fish and wildlife Act of 1956 (16 U.S.C. 742a- 742j). This agreement allows the Service and/or its Partners to undertake fish and wildiife habilat restoration activities on land owned by the Cooperator in ~,F' ~"o c ~ County, State of ]Dc~.j 'fo r(t( These activities are described in Appendix A and are depicted on site plan drawings and maps. The Cooperator agrees to place ff acres or feet (please indicate),...~ depkted in Appendix A, under this agreement for ._~ . years be~nning on //Oct / ~'ff (day/month/year) and ending on ~,/.fe_~ fi//~c~ (d~lmonttgyear). ' In signing this agreement, the Cooperator joins as a participant in a fish and wildlife habitat restoration program and grants to the Service, or its designees, the .authority to complete necessary habitat restoration, creation, or improvement activities or to personally carry out fish and wildlife habitat activities with financial or material support from the Service or its Partners, as described in AtSpendix A. The site plan drawings included in Appendix A indicate pre-restoration site conditions and work to be complete& The estimated construction costs of the habitat project and the amount contributed by the Service and its Partners are identified in Appendix B. Any donation of supplies or equipment, or direct payment fi:om the Service or its Partners to the Cooperator for carrying out these habitat activities, is also identified in Appendix B. If the Cooperator is being reimbursed for actions taken as part of this agreemenk these actions will also be described in Appendix B. The Cooperator grants the Service and its Pariners vehicular access to the site at reasonable times for conducting project-related, such as inspecting completed work, surveying wildlife populations, operation of structures, etc. The Cooperator retains all fights to control Irespass and retains all responsibility for taxes, assessments, granting rights-of-way, control and eradication of noxious weeds, and other incidences of ownership. The Cooperator assumes responsibility for all rnai~..t.enance after the initial habitat work is completed, except for initial maintenance required'~e of imdequate construction by the Service or its Partners. Inadequate construction performed by the Cooperator under the special provisions in Appendix B must be rectified by the Cooperator'at his/her expense. Mod~ffi .c~. tons .to the onginal habitat site plan that the Cooperator may want to undertake shall me written concurrence of the Service. The agreement may be modified at any time by mutual consent. It may also be terminated in writing by either pan'y with thircy (30) days receipt of the written notice. Any written notice to lhe Service shall be sent to the Assistant Regional Director - Ecological Services, U.S. Fish ~.d~ Wildlife Service, 300 West~te Center Ddve~ Hadley, M,3s. sachusetts 01035. Any ff this, agreement is t, .mNnaA:ed by the Cooperator, the Cooperator wilt reimburse.the Service a..~r~.m~ ~s r~etl m .wnungW the Serv~ then the Service may ar its option remove any hatS~Xat,~ri~iOn muetures placed on the land_ The termination date .of the a~ cement will determine when oblizations between ~e parties shall end. [or most freshwater wetlands restored under ~c tcrn~ of this am-cemcm, this term/mtior~ will initiaf~ the 5-year ~mace per[od under which the Ccoperaro~ rmv convert the wetland to its pre-restbration drained condition, as allowed by Nationwide Perr~t No. 27, issued, by the U.S. Corps of En~in~zs under section 404 ofthe Clean Water Act. Final dete ~nn/nation about the app!icabil/ty of Nationwide Perrrfit No. 27 fo any wetlands restored unde~ this a~_~onzem.ent lies w~ t~e Corps of Engineers. It is the responsibi~w of the Cooperator to contact the Corps of Engimers to receive that determinafio~ The Cooperator is ad[vgs~ that 'State and/or local regulations may either prol~'bit or rmv require a permit to conwev[ a restored wetland.to its pre-restoration drained condition_ At the end of the %greement period, any habitat developments to the land will become the property of the Cooperator. There shall be no obli~mtion to any of the parties after the ~agreement haq expktx:L Spec[fi. cally, the Sergic~ will. be under no obti~mtion ro restore the land to its original condifiov~ Restoration of wetlands under this ageemenr cannot be credited as mitigation required for the receipt of Federal, State, or'local wetlands permits. The Cooperator guarantees ownership of the above-descn'bed land and wammts that there are no outstanding fights which interfere with the fights of the Service or its Partners under this · agreement. In the event the Cooperator transfers any of the ~ desi~ated and described in the attached site plan map, heJshe shall take such steps as are necessmy to inform the purchaser of the existence of this agreement. AAdifionally, any deed, lease, or other instrument of transfer wilt be made subject to this agreement so that the new landowner shall become the Cooperator. ~' :: :, The Cooperator will notify the Service of any changes in ownership. '- ':7 ?757: ..... :: 7:- - The Service is prohibited by law from making obligations that exceed available funds, and therefore the Service can only do that work which is funded. In the event funds are not available to do the habitat restoration work within the period of time or in the manner described.on the a~ached site plan, the Service will notify the Cooperator of that ~ Signature by the parties to this agreement signifies understanding of each parties rights and responsibilities, FIFI,D REPRESENTATIVE U.S. FISH AND WlI,DLIFE SERVICE U.S: FISH AND Wrr.r)L1FE SERVICE DATE