Public Notice

Event Description

Public Comment Period and Public Hearings for Re-adoption of 15A NCAC 02R Division of Mitigation Services

Pursuant to G.S.150B-21.3A(d)(2), the 15A NCAC 02R rules shall be readopted by September 30, 2018. Proposed amendments include minor updates to rule language in .0102, .0202, .0203, .0301, .0302. and .0403 to reflect current practices and procedures. Proposed amendments to .0602 Nutrient Offset Rates seek to adjust the threshold for “premium watershed rates,” modify the “adjustment factor” and improve the rate adjustment frequency procedures. Substantive proposed changes to .0402 Stream and Wetland Rates and .0601 Riparian Buffer Mitigation Fees include the implementation of sustainable methods for calculating rate schedules applicable to the In-Lieu Fee programs offered by the NCDEQ Division of Mitigation Services. In accordance with the existing 15A NCAC 02R .0402(c), Division staff proposed amendments to the Environmental Management Commission to ensure the fee schedules reflect the actual costs of restoration activities. Sufficient cost data are available to apply an Actual Cost Method (ACM) currently used to calculate rates for the Nutrient ILF Program to the Statewide Stream and Wetland ILF Program and the Riparian Buffer ILF Program. Application of a flat fee is initially proposed for the coastal wetland mitigation category until sufficient data are available to apply the ACM to this credit type.

The Division also seeks to repeal rules .0101 and .0201. More information on how to submit comments is provided in the files below.  Interested parties should check this page and the associated files for updated information.

Two public hearings are scheduled:

Wednesday, September 27, 2017 at 2:30 PM, at the Northeast Regional Library located at 1241 Military Cutoff Rd., Wilmington, NC 28405 in the Oleander Room

Wednesday October 4, 2017 at 2:30 PM, at the NCDEQ Green Square Training Room 1210 located at 217 W. Jones Street, Raleigh, NC 27603

Public comments will be accepted at both meetings as well as via mail or email. Written comments on the proposed rule amendments will be accepted beginning August 15, 2017 until close of business (5:00 p.m.) on October 16, 2017.

Please direct questions or comments to: Kelly Williams, Division of Mitigation Services, 1652 Mail Service Center, Raleigh, NC 27699-1652, Phone: 919-707-8915; email:

Note: The revised proposed rule amendments are available online using the RRC 2/15/2018 meeting link listed below.  

Associated Files