Stream, Wetland and Buffer Mitigation

Streams and Wetlands: 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.

In accordance with 15A NCAC 2H .0506(h), the DWQ requires compensatory mitigation at a 1:1 ratio for losses of streams and wetlands (both 404 jurisdictional wetlands as well as isolated wetlands) as follows:

For developments in watersheds classified as ORW, HQW, Trout, WS-I and WS-II, 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 developments in all other watersheds, mitigation shall be required for impacts equal to or exceeding 150 linear feet of perennial 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 shall require mitigation.

Buffers: Buffer mitigation may be required for any project with a Buffer Rule in effect at the time of application for buffer impacts resulting from activities classified as “Allowable with Mitigation” within the “Table of Uses” section of the Buffer Rules or require a variance under the Buffer Rules. More information on the buffer rules is available at this Unit’s Riparian Buffer Web Site.

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

Options for compensatory mitigation include:

Project-specific mitigation: Applicant satisfies the mitigation requirement himself, either at the project site or at an off-site location.

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).

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