Agenda - 08-30-2011 - 1b - Laserfiche WebLink

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Regional Nutrient Management Rules 1 9 August 2011 developer to EEP or other third party provider. These payments are then used to fund implementation a#nutrient-reducing projects in the same hydrologic area as where the impact occurred. Third party nutrient offset providers, in turn, report compliance with- regulatory requirements in annual reports and as requested to DWQ. The nutrient offset option, therefore, allows development projects not meeting on-site treatment thresholds to proceed under the assurance that associated increases in nutrient loads will be at least equally offset by nutrient reducing activities elsewhere in the_watershecL Examples of "nutrient reducing activities" include stream restoration, stream buffer establishment or re-planting, and the installation- of livestock exclusi-on fencing. A. Jordan Lake Requirements Agriculture must meet their Stage I nutrient reduction goals before credits obtained from agricultural lands can be used for nutrienttrading. if th-e Stage I reduction goal is reached; nutrient trading-credits may be available from agricultural lands as well as from new development. The Jordan WOC must establish a credit trading system in the Jordan Lake watershed, and trades must take place wi#hin the-samesub-watershed. New development must meet_certain on-site targets prior to using off-site credits obtained through nutrient trading, to meet their requirements. B. Falls take Requirements The Falls Lake WOC must get DWQ approval to establish a-nutrient trading program, which. must-also comply-with 15A NCAC 02B .0240. -Local governments will be able to combine their nutrient reduction needs from NPDES (wastewater treatment plants) discharges and existing development (including loads from functioning and malfunctioning septic systems) into one reduction requirement. The agricultural. community must meet their voluntary Stage I nutrient reduction goal before trading credits can be obtained from agricultural lands. Parties subject to the Rules are permitted to seek and obtain more cost-effective nutrient reductions through credits from offsite reduction sources or private sellers via a market based framework. Minim-um onsite nutrient reductions must be met prior to utilizing offsite credits. The Rules require local governments in the Upper Falls watershed to obtain credit for nutrient trades that are conducted only within the Upper watershed, while governments located in the Lower watershed -may utilize trading sites in either the Upper or Lower watersheds. C. Plutrient Trading Implications for Orange County Many questions remain concerning the specifics of nutrient trading under these rules. Orange County may need to purchase nutrient reduction credits from private companies