Compensatory Mitigation

Memorandums, Policies and Banks

If a proposed development project has explored all practical alternatives for avoiding and minimizing impacts, and project impacts exceed applicable permit thresholds, then mitigation will be required.

The mitigation plan must be implemented and/or constructed before any permanent building or structure on site is occupied. In the case of a public road project, the mitigation plan must be implemented before the road is opened to the public. Proof of payment into a mitigation bank or in-lieu fee program or completion of an approved permit-specifc mitigation project, must be provided to DWQ to satisfy this requirement.

Streams and Wetlands

In accordance with 15A NCAC 02H .0506(h) and 15A NCAC 02H .1305(g), the DWQ requires compensatory mitigation for losses of streams and wetlands (404 jurisdictional wetlands as well as isolated and other non-404 jurisdictional wetlands) as follows:

• For all non-linear public transportation projects, mitigation shall be required for impacts equal to or exceeding 150 linear feet of perennial and intermittent streams or impacts equal to or exceeding one acre of wetlands.
• For linear public transportation projects, mitigation shall be required for impacts equal to or exceeding 150 linear feet per stream or one acre of wetlands.

Buffers

Mitigation may be required for any project within a Riparian Buffer Protection Rule for impacts to the protected riparian buffer listed as "(potentially) allowable with mitigation" or "prohibited" within the Table of Uses require mitigation.  For more information about the Riparian Buffer Protection Rules including the Table of Uses, click here.

Options for compensatory mitigation

• Mitigation banks: Applicant satisfies the mitigation requirement by purchasing mitigation credits from an approved mitigation bank.
• In-lieu fee mitigation: Applicant satisfies the mitigation requirement by purchasing mitigation credits through the N.C. Ecosystem Enhancement Program (NCEEP).
• Project-specific mitigation: Applicant satisfies the mitigation requirement himself, either at the project site or at an off-site location.

For impacts to federally jurisdictional waters requiring compensatory mitigation, information on mitigation options can be viewed at the U.S. Army Corps of Engineers Mitigation Web Site.