GENERIC Flowchart for Establishing a Bank_2023

How to Establish a Nutrient Offset & Buffer Mitigation Bank
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Division of Water Resources
November 29, 2023
NORTH CAROLINA
Department of Environmental
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Establishing a Nutrient Offset or Riparian Buffer Private Mitigation Bank in NC
The first step to
establishing a mitigation
bank for buffer mitigation
or nutrient offset is to
request a site visit by DWR
by contacting the 401 &
Buffer Permitting Branch.
Multiple site visits by
different DWR staff will be
necessary for most
projects depending on the
need of the site visit
requested. It is most
common to have 2 site
visits: 1) stream call
determination, and 2) site
viability evaluation.
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Stream Determination I
Site Viability Request
Letter
Provider submits
Provider Submit Site
Stream Determination
Viability Request
Request via
Packagevia
Stream Determination
Mitigation Project
submission
submission forme*
form 1*
1
On site Stream
Determination On -site Site Viability
completed evaluation is
by DWR completed by DWR
Stream Determination Site Viability Letter
Letter Issued issued by DWR to
By DWR to Applicant Provider
Continueto Banklnstrument
Review Process pg. 2
Pg. 1
*see Online Resource slide (pg4) for corresponding link

Banking Instrument (BI) Review Process
Bank Sponsor performs the
following 2 functions :
Submit completed DRAFT
BI for DWR review via
Mitigation Project
submission forme
1 hard copy and 1 electronic copy
Ifno publiccomments,
BI is approved
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(1)
Register w/ NC
Sec. of State
(per Sponsor company)
(2)
Complete
Ba nki ng I nstrument
YeS BI uses a standard language? NO
DWR reviews BI and
provides written Sponsor addresses comments
And submits FINAL BI
comments to Sponsor
updated 1112812023
BI is Submitted to
DWR Director for
Review & Signature
DWR notifies Sponsor
Of BI Approval
NOTE: A Banking Instrument and Project Plan must BOTH
be approved before a Sponsor can implement a project as
approved. See Pg3. for completing a Plan
Pg. 2
DWR is not accepting
BI with non-standard
language
DWR Posts BI to
Public Comment (15 days)
*see Online Resource slide (pg4) for corresponding link

Buffer Mitigation &/or Nutrient Offset Plan Review
Bank Sponsor performs
the following function:
Submit completed DRAFT
Plan for DWR review via
Mitigation Project
submission forme
*1 hard copv and 1 electronic copy*
If no publiccomments,
Plan is approved
DWR sends written
Approval letter
Complete
Buffer Mitigation and/or Nutrient Offset Plan
(Plan)
DWR reviews Plan and
provides written
comments to Sponsor
DWR Posts the Plan and
Draft Ba nking I nstrument (i fa pplicable)to
PublicComment
(15calendardays)
Proceed to Banking
Instrument Review
Process(pg2)
Sponsor has permission to implement project
Accordingto the approved Plan
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Sponsor addresses comments
And submits FINAL Plan
Yes
No
Pg. 3
DWR Accepts the Final
Draft as complete
Yes
Has the Sponsor submitted
a ba nki ng i nstrument to
DWR for the Plan?
No
DWR sends backreview
And comments to
Sponsor
Sponsor addresses all
DWR comments satisfactorily
andsubmits FINAL Draft#2
Of the Plan
NOTE: A Banking Instrument and Plan must BOTH be
approved before a Sponsor can implement a project as
approved. See Pg2. for completing a Banking Instrument
*see Online Resource slide (pg4) for corresponding link

Online Resources
• Helpful Links:
1. Online Stream Determination Submission Form:
https:Hedocs.deq.nc.gov/Forms/Determination-Request-Form
2. Site Viability Form:
https://www.deq.nc.gov/water-qua
protection/401/mitigation/via bi Iitya
/surface-water-
ssessmentrequestform-2023
3. Online Mitigation Submission Form:
https://edocs.deg.nc.gov/Forms/Mitigation Information Upload
4. 401 & Buffer Branch Contacts:
https://www.deg.nc.gov/about/divisions/water-resources/permittin
permitti ng/401-buffer-permitti ng-contacts
401-buffer-
Pg. 4

Glossary
• Buffer Mitigation and/or Nutrient Offset Plan (Plan) -A site specific mitigation pIanforth e Bank
Parcel being proposed for generating nutrient offset and/or buffer mitigation credits as required
per 15A NCAC 02B .0295.
• Bank Sponsor —A company or corporation registered to do business in NC and is legally responsible
for adheringto all legally binding agreements, all financial assurance requirements, and complying
with the 15A NCAC 02B .0295 rule.
• Mitigation Banking Instrument (MBI) -A legally binding agreement between the Bank Sponsor and
the regulatory agency, DWR. The banking instrument should describe in detail the physical and
legal characteristics of the bank, and how the bank will be established and operated. Must be in
compliance with rules set forth by the EMC.
• Umbrella Mitigation Banking Instrument (UMBI) -Same as the MBI except it allows for the
establishment and operation of multiple bank sites. Supplemental site -specific information (e.g.,
individual Plans) should be addressed in this banking instrument. Must be in compliance with rules
set forth by the EMC.
• 15A NCAC 02B .0295 —A rule created "to set forth the mitigation requirements that apply to
applicants [... ] of this Rule and to set forth requirements for buffer mitigation providers."
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Pg. 5