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N.C. Department of Environment and Natural Resources

NC Department of Environment and Natural Resources
Ecosystem Enhancement Program - Stream, Wetland & Buffer Request Process

Ecosystem Enhancement Program

 

EEP

 

 MITIGATION APPLICANTS

Request Mitigation    |    Stream, Wetland & Buffer Process   |   Nutrient Offset Process   |     Fees

 

Stream, Wetland & Buffer Process 

Overview

Stream, Wetland & Buffer Mitigation Request ProcessThe Statewide Stream and Wetland Program and the Riparian Buffer Mitigation Program are voluntary "In-Lieu Fee" programs that provide mitigation credit for the following impacts:  warm, cool and cold streams, riparian, non-riparian and coastal wetlands, and riparian buffer.  Nutrient credits are handled by EEP under a separate program.  All mitigation requests are required by law to comply with current Session Laws 2009-337 and 2011-343.  Compliance is generally evaluated at the time an applicant submits their permit applications to regulatory agencies.

Submitting a Request

New, revised or re-submitted In-Lieu Fee requests for wetlands, streams and riparian-buffer mitigation are reviewed by EEP at weekly meetings. If an applicant chooses to request mitigation credit through the EEP ILF Programs, applicants or their agents should complete the In-Lieu Fee Request Form (non-DOT) and submit it to EEP's ILF Program Coordinator.

Forms should be completed as accurately as possible and specify impact types and amounts for which EEP mitigation is needed as well as a map or site coordinates to verify project location. Most applicants need to first consult with permitting agencies to verify the type of credit needed and the availability of mitigation bank credits.

EEP staff typically meet each Tuesday afternoon to evaluate these requests. Considered in this review are the financial, temporal and technical ability of the program to satisfy the mitigation request. EEP will provide applicants with a written response as soon as possible following these weekly meetings.

Acceptance letters are valid for six months from the issue date. Applicants may request to renew their acceptance by submitting an updated form, indicating it is a renewal of a previous acceptance, and submitting it to the ILF Program Coordinator prior to the expiration of the acceptance letter.

The acceptance letter is transmitted to permitting agencies (i.e., USACE, DWQ or DCM) by the applicant during the permit application process. The permitting agency staff determine if the use of EEP for all or part of the anticipated compensatory mitigation is acceptable during their review of an applicant's permit application or PCN materials. Some applicants use EEP as their sole mitigation provider for a given unavoidable impact, while others use EEP as part of a more complex mitigation plan. All decisions regarding mitigation requirements are made by the permitting agencies, not by EEP.

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