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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.
Recent legislative action has changed the process permit applicants must use to access EEP’s In-Lieu Fee programs. Session Law 2008-152, An Act to Promote Private Compensatory Mitigation by Mitigation Banks, was passed by the N.C. General Assembly in July 2008 and became effective Oct. 1, 2008. This law restricts the use of EEP In-Lieu Fee programs for applicants wishing to provide third-party compensatory mitigation for wetlands, streams and riparian buffers, as well as those wishing to access the Nutrient Offset Program. It requires permittees seeking third-party mitigation to purchase credits from a privately owned mitigation bank when such a bank has appropriate credits available in the hydrologic unit where the impacts are occurring.
Through a collaborative effort between the Division of Water Quality and EEP, the N.C. Department of Environment and Natural Resources has changed several policies and procedures in response to this law to assist users of these programs with their compliance. The following link provides important and helpful information for applicants seeking permits to impact streams, wetlands and buffers and those seeking stormwater permits from their local government.
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