15A NCAC 02R .0402. SCHEDULE OF FEES

(a)  The amount of payment into the Fund necessary to achieve compliance with compensatory mitigation requirements shall be determined in accordance with Subparagraphs (1) through (7) of this Paragraph. The fee shall be based on the acres and types of compensatory mitigation specified in the approved certifications issued by the Department u n d e r 33 USC 1341; and permits or authorizations issued by the United States Army Corps of Engineers under 33 USC 1344. Payments shall be rounded up in increments of linear feet for streams and in 0.25 acre increments for wetlands, e.g. for streams, 520.3 linear feet of compensatory mitigation would be considered as 521 feet, and for wetlands, 2.35 acres of required compensatory mitigation would be considered as 2.5 acres for the purpose of calculating the amount of payment.

(b)  Payments made pursuant to Subparagraphs (3) through (6) of this Paragraph are subject to separate fees determined by which 8-digit hydrologic unit (as defined by the United States Geological Survey) the permitted impact is located. Fees are assessed according to the location of the permitted impact and mitigation type as follows:

(1)           Fees in Subparagraphs (3) and (4) shall be applied to the following 8 digit hydrologic units organized by river basin: Broad: 03050105; Cape Fear: 03030002, 03030004, 03030005, 03030007; Catawba: 03050101, 03050102, 03050103; French Broad: 06010106, 06010105, 06010108; Hiwassee: 06020002; Little Tennessee: 06010202, 06010203, 06010204; Lumber 03040207;  Neuse: 03020201; New: 05050001; Roanoke: 03010107; Savannah: 03060101, 03060102; Tar-Pamlico: 03020101; Watauga: 06010103; White Oak:  03030001, 03020106; Yadkin: 03040102, 03040103, 03040105, 03040202

(2)           Fees in Subparagraphs (5) and (6) shall be applied to all other 8 digit hydrologic units not listed in Subparagraph (1).

(3)           Classified surface waters other than wetlands as defined in 15A NCAC 02B .0202.  The payment shall be three hundred and twenty-three dollars ($323.00) per linear foot of stream.

(4)           Class WL wetlands as defined in 15A NCAC 02B .0101(c)(8). The payment shall be:

(A)          Forty-three thousand dollars ($43,000) per acre for non-riparian wetlands.

(B)          Fifty-nine thousand and six hundred dollars ($59,600) per acre for riparian wetlands.

(5)           Classified surface waters other than wetlands as defined in 15A NCAC 02B .0202.  The payment shall be two hundred and forty-four dollars ($244.00) per linear foot of stream.

(6)           Class WL wetlands as defined in 15A NCAC 02B .0101(c)(8). The payment shall be:

(A)          Twenty-two thousand one hundred and thirteen dollars ($22,113) per acre for non-riparian wetlands.

(B)          Thirty-three thousand six hundred and ninety-six ($33,696) per acre for riparian wetlands.

(7)           Class SWL wetlands as defined in 15A NCAC 02B .0101(d)(4). The payment shall be one hundred and forty-six thousand and six hundred and fifteen dollars ($146,615.00) per acre.

(c)  The fees outlined in Subparagraphs (b)(1) through (b)(7) and Paragraph (e) of this Rule shall be reviewed annually by the Department and compared to the actual cost of restoration activities conducted by the Department, including planning, monitoring and maintenance costs. Based upon this annual review, revisions to Paragraph (a) of this Rule shall be recommended to the Commission when adjustments to this Schedule of Fees are deemed necessary to ensure that the Schedule of Fees reflects the actual costs of restoration activities.

(d)  The fees outlined in Subparagraphs (b)(1) through (b)(7) and Paragraph (e) of this Rule shall be adjusted for inflation on an annual basis using the Civil Works Construction Cost Index System published by the US Army Corps of Engineers. This adjustment shall occur at the end of each calendar year as follows: the fees in Subparagraphs (b)(1) through (b)(7) and Paragraph (e) of this Rule for each year shall be multiplied by the annual composite Civil Works Construction Cost Index yearly percentage change issued in September of each year and the result shall be the increase to that fee for the next fiscal year.  The revised fees shall be made available via the NC Ecosystem Enhancement Program's web site (www.nceep.net) and become effective on the following July 1^st.

(e)  For properties and easements donated to the NC Department of Environment and Natural Resources, a fee of one thousand dollars ($1,000) per acre shall be charged at the time the land or easement is transferred to the Department's Conservation Grant Fund Endowment to cover costs of long-term management of the property.  For properties that are less than one acre in size, the minimum payment shall be one thousand dollars ($1,000).  This charge applies only to properties and easements donated to the Department for the sole purpose of property or easement maintenance.  This does not apply to properties or easements donated to the Department in association with restoration projects conducted by the Department.

 

History Note:        Authority G.S. 143-214.11; 143-214.12; 143-215.3;

Eff. August 1, 1998;

Amended Eff. July 18, 2008; April 1, 2003.