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One purpose of the Ecosystem Enhancement Program is to provide a consistent and streamlined approach to address compensatory-mitigation requirements associated with Section 401 and 404 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.
By consolidating the mitigation requirements of multiple small projects, EEP is able to implement large-scale watershed restoration efforts that restore or enhance water quality, habitat and hydrology. Using its River Basin Restoration Priorities and Local Watershed Plans, EEP is able to focus compensatory mitigation projects in those places with the greatest need for restoration -- ultimately increasing the ecological effectiveness of these projects.
EEP offers four In-Lieu Fee (ILF) mitigation programs to the public and private sector:
- Stream And Wetland ILF Program – This program provides assistance to the private sector, municipalities, school districts, military bases and other applicants to meet compulsory state and federal stream- and wetland-mitigation requirements. Permittees may voluntarily request to participate in the Stream and Wetland ILF Program. Upon acceptance by the regulatory agencies and EEP, the applicant makes a payment to EEP based on EEP’s Schedule Of Fees to satisfy the mitigation requirement. The permit’s mitigation requirement is then transferred to EEP, which implements stream and wetland mitigation projects to satisfy the requirements.
- Riparian Buffer Mitigation ILF Program – This program is offered to the private and public sectors to meet compensatory-mitigation requirements associated with riparian-buffer impacts in the Neuse, Tar-Pamlico, and Catawba River basins, and the Randleman Reservoir watershed in the Upper Cape Fear River basin. Upon acceptance into the program, applicants make a payment to the Riparian Buffer Restoration Fund according to the Schedule Of Fees to satisfy the mitigation requirement. Upon payment, the permit’s mitigation requirement is then transferred to EEP, which implements riparian-buffer mitigation projects to satisfy the requirements.
- Nutrient Offset ILF Program – This program for the private and public sectors is designed to assist them in meeting compensatory nitrogen- or phosphorus-mitigation requirements in the Neuse and Tar Pamlico river basins. Developers choosing to pay a fee to the EEP are issued a receipt by EEP, which allows the developer to receive final approval from the local government. Upon receiving the payment, EEP assumes the responsibility for the mitigation requirement, including mitigation site construction and monitoring of buffer-restoration sites or other facilities, to offset the required amounts of identified nutrients – nitrogen in the Neuse basin, and both nitrogen and phosphorus in the Tar basin – before the nutrients can enter the rivers.
- NCDOT Stream and Wetland ILF Program – An initiative by which EEP provides off-site compensatory wetland and stream mitigation for NCDOT. Each year, NCDOT provides EEP with an updated list of its seven-year program of construction projects, along with each project’s estimated wetland and stream impacts. EEP annually updates its planning for producing mitigation (i.e., land acquisition, and mitigation site design, construction, planting and monitoring) to meet NCDOT’s needs in advance of impacts. Each quarter, NCDOT pays EEP the actual mitigation production costs.
For more information, contact ILF Coordinator Kelly Williams
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