NC Environmental Management Commission Regulatory Reform Act (SL 2013-413) Periodic review and expiration of existing rules NC Environmental Management Commission July 10, 2014 Kelly Williams Ecosystem Enhancement Program

Request For Subchapter 02R Seek EMC approval of RRC report To proceed to public comment with rules review Return to WQC in November with update Return to EMC in January for approval on Final Report to the RRC

EEP ILF FAQ In-lieu fee mitigation programs

EEP Services NCDOT Stream & Wetland ILF Program Statewide Stream & Wetland ILF Program NCDOT Stream & Wetland ILF Program Riparian Buffer Mitigation Program Nutrient Offset Program

EEP ILF FAQ In-lieu fee mitigation programs Solutions for the development community

EEP Customers     ABC, Ace Hardware, Advance Auto Parts, Agri Supply, Aldi, Applebee’s, Apple, AT&T,  Auto Zone, Bank of America, BB&T, BellSouth, Bojangle’s, Carabba’s, Coastal Mini Storage, Cook-Out, Costco, Crescent State Bank, CVS, Dollar General, Dunkin Donuts, Duty Tire, East Carolina Bank, Embassy Suites, Fairfield Inn, FedEx, Gregory Poole, Hampton Inn, Hendrick Cadillac, Holiday Inn, Hyatt Hotel, IBM, Ingles, KFC, Lowe’s Home Improvements, Lowe’s Foods, Martin Marietta, McDonalds, Microtel, News and Observer, North Hills East, North State Bank, Olive Garden, Outback Steakhouse, Pepsi, Piedmont Town Center, Pizza Hut, Piedmont Natural Gas, Polo Ralph Lauren, Precision Tune, Quarles Petroleum, Quintiles, State Employees Credit Union, Sheetz, Sleep Inn, Stanley Steamer, Steak N’ Shake, Super Express Lube, TGI Fridays, Triangle Town Centre, Umstead Hotel, US Fleet Fueling, Verizon, Vulcan, Waffle House, Walgreen’s, Wendy’s, WalMart, Wilco Hess

EEP ILF FAQ In-lieu Fee Mitigation Programs Solutions for the development community Watershed planning process Collaborate with partners and stakeholders

EEP Roles Support environmentally responsible economic development Provide compensatory mitigation for stream, wetland, buffer and nutrient offsets Focus mitigation projects where greatest environmental returns will be realized Maximize mitigation investments to the benefit of the state’s natural resources NCEEP’s mission: to provide cost-effective mitigation alternatives that improve the state's water resources.

EEP Status Projects Credits Success nearly 600 projects statewide mitigation credits in advance: ~ 800,000 Stream ~10,000 Wetland (over 85% beyond construction phase) Success wetland & stream program > 98%

15A NCAC 02R .0100 Purpose & Definitions .0200 Basinwide Restoration Plans .0300 Compensatory Mitigation .0400 Ecosystem Restoration Fund

RRC Report Example - (to be posted 7/7/14) This is the format of the report to the Rules review commission that you are familiar with from other subchapters. It lists each rule and at this stage, the agency has made recommendations for one of the 3 initial determinations – that is, whether the rule is necessary with or without substantive public interest or unnecessary. Later we input the public comments received and responses to them to take to the rules review commission for approval before the rules are re-adopted.

15A NCAC 02R Rule Citation Rule Title Proposed Initial Determination Ecosystem Enhancement Program Necessary with substantive public interest

Public Comment Website http://rulesreview.ncdenr.gov

02R Rules Review Schedule May 2014- Initial determinations approved by WQC July 2014- Seek approval from EMC July - September 2014- Public comment period November 2014- Status update to the WQC January 2015- Seek final approval from EMC March 15, 2015- Report due to RRC April 2015- RRC Approval After that- Final determinations effective after APO consultation Then- Re-adopt rules in accordance with APA And then The anticipated schedule shown here takes us out past next April – making today’s request for approval of the initial determinations and for approval to go to the EMC in July just the beginning.

Contact Information Kelly Williams ILF Program Coordinator Ecosystem Enhancement Program, DENR kelly.williams@ncdenr.gov Or Jim Stanfill Asset Management and Reporting Supervisor jim.stanfill@ncdenr.gov EEP Main #: 919-707-8976 http://portal.ncdenr.org/web/eep