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The Ecosystem Enhancement Program seeks to provide a consistent and streamlined approach to address compensatory-mitigation requirements associated with Section 401 and 404 clean-water permits and Coastal Area Management Act permits issued by the N.C. Division of Water Quality, the U.S. Army Corps of Engineers and the N.C. Division of Coastal Management. In addition, EEP provides nutrient-offset mitigation in the Neuse and Tar-Pamlico river basins through a buy-down program for applicants wishing to offset nutrient loading from development projects in order to meet nutrient-reduction goals in these areas.
On July 24, 2009, Session Law 2009-337, An Act to Promote the Use of Compensatory Mitigation Banks, took effect and applies to all permit applications submitted on or after July 24, 2009. (NOTE: The new law also stipulated that the Department of Environment and Natural Resources will study whether the preference for compensatory wetland and stream mitigation banks, riparian-buffer mitigation banks and nutrient-offset banks established under law in the past two years "create a likelihood that EEP will be unable to recoup investments made in riparian buffer mitigation and nutrient offset projects." The report is due to the state Environmental Review Commission no later than Feb. 1, 2010.)
For applicants other than government entities, as defined in G.S. 143-214.11, the use of EEP as a mitigation provider is only an option when the applicant has demonstrated that credits from a mitigation bank are not available or not approved for use by the DWQ, Corps of Engineers and/or local government for the required compensatory mitigation for the project. When use of a bank is approved, applicants other than government entities will need to make direct contact with appropriate banks to determine credit availability prior to accessing the EEP. Information on the existence of such banks can be found at the following Web link: http://portal.ncdenr.org/web/wq/swp/ws/401/certsandpermits/mitigation. All requests to use the EEP must be accompanied by a signed Compliance Form verifying knowledge of and compliance with Session Law 2009-337.
Through a collaborative effort between the Division of Water Quality and EEP, the N.C. Department of Environment and Natural Resources is in the process of changing several policies and procedures in response to this law to assist users of these programs with their compliance. The first link below will provide updated information for applicants seeking permits to impact streams and wetlands when the policies and procedures are finalized.
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