Nutrient Offset Conversion - Requirements and Guidance for LGs and Developers 11-29-2023_TrishD

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Department of Environmental Qualm

Past Requirements and Processes
• Developers calculated
using Neuse Methods,
SNAP 4.1
nutrient export overshoot in lbs/yr
Tar -Pam Tools, JFLSNLAT, or
• Previous Offset rules required calculation of pounds
needed fora 30 year period 4 Iblyr over 30 years =1bs
• Developers acquire offsets prior to development
approval
• LGs submit Authorization Letters for developers
Department of Environmental Quality
NORTH CAROLINA�.E
Department of Environmental Quality
2

Department of Environmental Quality
Effects of Rule Changes
• New Neuse and Tar -Pamlico NMS Stormwater Rules
require following new Offset Rule (.0703) and specify
permanent offset credits
• 43 LGs affected (not including Falls LGs) - 16 new
• Rule sets up staggered review and approval by EMC
• Not all LGs implement starting at the same time
• New SNAP 4.2 tool calculates results for offsets in lb/yr
• Falls LGs seek new offset units when using SNAP 4.2
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NORTH CAROLINA
Department of Environmental Quality
3

Local Implementation — How / When
• Change to new units starts with switch to new SNAP 4.2
• All Falls Lake LGs have already started
• As EMC approves new & revised Neuse or Tar -Pamlico
Local Programs (6 month lag after approval)
• Some Neuse & Tar -Pamlico LGs already started
• Most Neuse & Tar -Pamlico LGs will start in July 2024
• A few straggler LGs through end of 2024
• No implementation in Jordan for now
NORTH CAROLINA
Department of Environmental Quality Department of Environmental Quality
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Falls Local Governments Already Implementing
• Butner
• Durham
• Creedmoor
• Durham County
• Franklin County
• Granville County
• Hillsborough
Department of Environmental Quality
• Orange County
• Person County
• Raleigh
• Roxboro
• Stem
• Wake County
• Wake Forest
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NORTH CAROLINA
Department of Environmental Quality
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Revised Neuse/Tar-Pam LGs Already Implementing
• Cary
• Durham
• Durham County
• Edgecombe County
• Garner
• Havelock
• Kinston
• Orange County
Department of Environmental Quality
• Raleigh
• Rocky Mount
• Smithfield
• Washington
• Wayne County
• Wilson
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NORTH CAROLINA
Department of Environmental Quality
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New & Revised NeuselTar-Pam LGs Due to Implement
Starting July 2024
Previously participating:
• Beaufort County
• Franklin County
• Goldsboro
• Greenville
• Henderson
• Nash County
• New Bern
• Oxford
Department of Environmental Quality
• Pitt County
• Tarboro
• Wilson
Newly participating:
• Apex
• Craven County
• Fuquay-Varina
• Holly Springs
• Knightdale
• Wake Forest
• Wendell
• Wilson County
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NORTH CAROLINA,am
Department of Enuirenmentaf Quality
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New & Revised NeuselTar-Pam LGs Due to Implement
Late 2024
• Johnston County
• Winterville
• Morrisville
• Wake County
• Rolesville
• Clayton
Department of Environmental Quality
D E
NORTH CAROLINA am
Department of Enuirenmentaf Quality
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Process Flow Chart
Nutrient Offset Payment Process for Non -governmental Applicants (March 2023) No
Start Process r.
Does
Developer drafts
developer
Developer completes
Are offsets
stormwater plan for the
Developer meets any
meet the
Nutrient Reporting Forms
needed to
project and calculates
onsite treatment
offsite
Yes �
to characterize their
meet nutrient Yes
nutrient loading from
requirements
nutrient load
ro ect and submits it to
p 1
loadin rate
g
the sites.
hresholds�
the local gov't for review.
targets?
No
Revise the stormwater No Local gov't reviews the project and Apply the delivered \
plan. verifies that the applicant can seek Is the
offset credits. If approved, local gov't load to Lake Project in
provides a verification letter to the
percentages to the Yes the Jordan
developer authorizing them to seek reductions needed Lake
offset credits.
at the project sites. Watershed
Does DM 5
Are offset
Applicant checks
Submit nutrient credits
availability of credits
approve
NO P he
offset credit request No available
from private
?
request.
to DMS from private
mitigation banks in
banks?
the Service Areal.
Yes
Yes
Definitions
Service Area — Area within which the offset provider — NCDMS or a
private bank - is allowed to accept offset payments. Typically an 8-
digit Cataloguing Unit (CU) identified by the USGS. In Jordan and
Falls watersheds, however, it is a sub -area of the CU.
Non -governmental —As defined by NCGS 143-214.11, applicants
other than State or Federal entities
Applicant pays the
offset credit provider
and receives a receipt
for nutrient credit
purchased.
Applicant provides local goat a
copy of payment receipt
demonstrating fulfillment of
nutrient reduction requirements
from the project.
Applicant must purchase
credits from a private
bank.
Nutrient treatment
requirements for
the project are
satisfied.
Local Government
approves applicant's
nutrient controls on
stormwater.
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NORTH CAROLINA
ity Department of Environmental Qual
❑MS sends a denial letter
to the applicant. Applicant
must find other alternatives
to satisfy nutrient
requirements.
I
End Process

Old Offset Credit Units Will Continue — Why lHow Long.,
• Not all requests to buy offsets will be in (new) permanent credit
units — Why?
• Ongoing development may need to "top up" as they exceed
original permit
• Permit Choice allows developers of vested projects to choose
old or new ruleset (ALL of them, not mix'n'match)
• Only applies in I -Gs previously implementing Rules
Department of Environmental Quality
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NORTH CAROLINA
Department of Environmental Quality
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New Offset Acquisition Process and Considerations
• As before, most purchases happen before development is permitted
• LGs/Developers will submit an Authorization Letter and maybe a
Reporting Form —all LGs are different
• Auth Letter must include:
• Specific offset type needed (permanent vs "old") and amount
• Units must match offset type (permanent = Ib/yr, "old" = Ibs)
• Some LGs will require Letter to include both permanent offset amount
(in Ibs/yr) and "old" units (lbs)
• Some Auth Letters for "old" units will trickle in
Department ofEnvironmental Quality
D, � E
NORTH CAROLINA
Department of Environmental Duality
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Local Government and Developer Resources
• Online materials:
• Process Flow Chart
• SNAP 4.2 tool
• Sample LG Authorization Letter
• Sample Offset Reporting Form
• Guidance for Local Governments
• Process is reviewed during SNAP 4.2 training for I -Gs
Department ofEnvironmental Quality
e:ae D E
NORTH CAROLINA
Department of Environmental Duality
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