Agenda - 11-05-20; 7-a - Interim Alternative Implementation Approach (IAIA) – Upper Neuse River Basin Association (Falls Lake Rules)

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Page | 1 Upper Neuse River Basin Association (UNRBA) Stage I Existing Development Interim Alternative Implementation Approach (IAIA) Executive Summary What is the Falls Lake Nutrient Management Strategy and how does it relate to the IAIA? The Falls Lake Nutrient Management Strategy (the Strategy) was passed by the State in 2011 (NCAC.2B.0275) as a plan to reduce nutrient loading to Falls Lake. The Strategy includes two stages of nutrient reductions (Stage I and Stage II), and it is estimated to cost over $1.5 billion. Parts of the Strategy are not technically feasible. The UNRBA’s re‐examination of the Strategy is directed at developing a replacement that is reasonable and manageable. While the IAIA addresses the Existing Development (ED) Rules associated with Stage I, it also serves as a “pilot” to inform the development of a revised strategy for Stage II. How is the IAIA different than the Falls Lake Nutrient Management Strategy when it comes to requirements for Existing Development? The Falls Lake Nutrient Management Strategy requires each jurisdiction to individually work with the Division of Water Resources (DWR) to establish their Stage I nutrient‐load reduction requirements. These reductions are equivalent to the increase in nutrient loading resulting from development that occurred between 2006 and 2012. Reaching agreement on estimating these requirements has made it difficult to finalize and develop a plan to address them. After the Stage I load reduction requirements are established (sometimes referred to as jurisdictional loads), each local government is required to develop and implement a plan that documents what practices will be installed and the nutrient pounds per year that each practice will reduce. Only practices that have NC‐approved nutrient reduction credits can be used under this “pounds counting” approach. Many of the practices are expensive and do not yield substantial credit in terms of pounds credited. The IAIA is a manageable, collaborative, voluntary approach where the jurisdictions in the Falls Lake Watershed commit to reasonable investments in projects and activities aimed at reducing nutrient loading. The focus of this alternative is engagement in beneficial activities throughout the watershed. Because this alternative does not require counting nutrient pounds, activities that are known to be beneficial, but that do not have State‐approved nutrient credits, are eligible under the IAIA. One example is land conservation which is beneficial to water quality 4