EEP Nutrient Offset Program History and Status

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1 EEP Nutrient Offset Program History and Status Kelly Williams Ecosystem Enhancement Program February 4, 2009

2 EEP Nutrient Offset Program About Me About EEP In-Lieu Fee Programs About the Nutrient Offset Program Fees Program Status

3 Services Provided by EEP Mitigation for the NCDOT Mitigation for others through In-lieu Fee Programs Nutrient offset program in Neuse and Tar-Pamlico Basins Riparian buffer mitigation in particular river basins

4 Neuse and Tar-Pamlico River Basins The EEP Nutrient Offset program operates in the Neuse (nitrogen) and the Tar-Pamlico (nitrogen and phosphorus) river basins.

5 PARTICIPATING LOCAL GOVERNMENTS Neuse 15A NCAC 2B.0235 TOWNS & CITIES (10) Cary, Durham, Garner, Goldsboro, Havelock, Kinston, New Bern, Raleigh, Smithfield, Wilson COUNTIES (5) Durham, Orange, Johnston, Wake, Wayne Tar-Pamlico 15A NCAC 2B.0258 TOWNS & CITIES (6) Greenville, Henderson, Oxford, Rocky Mount, Tarboro, Washington COUNTIES (5) Nash, Beaufort, Edgecombe, Franklin, Pitt

6 Accessing the Nutrient Offset ILF Program 1. Applicant seeks stormwater permit from local government 2. Applicant chooses to buydown part of their nutrient reduction requirement and local government agrees to proposal 3. Local government writes letter verifying amount of buydown 4. Letter and payment submitted to EEP 5. EEP issues receipt to applicant and local government 6. Applicant shows proof of payment to local government and receives building permit

7 History Legislation and rules establish WRP Nutrient Offset Program Fee established at $11 pound Nitrogen for Neuse 2001 First payment received, May Fee adjustment initiated

8 History 2006 EMC adds Tar-Pamlico River basin EMC sets new fees Nitrogen $57 per pound Phosphorus $45 per 0.10 pound First Tar-Pamlico payment

9 History August 2006 Session Law Reset fees $11 per pound Nitrogen $11 per 0.10 pound Phosphorus Required refunds for any fees paid in excess Commissioned ERC cost study

10 History 2007 RTI International completes cost study and offers fee structure scenarios Session Law Set New Fees: Neuse» $28.35 per pound nitrogen Tar Pamlico» $21.67 per pound nitrogen» $28.62 per 0.10 pound phosphorus 2. By Sept 1, 2009, develop plan to transition to actual cost method 3. Progress reports due Sept. 1, 2008 and March 1, Required mitigation to occur in same hydrologic unit as impact 5. Allowed nutrient offset mitigation by other third party providers

11 Pounds Number of Payments Payment History (Nitrogen in Neuse and Tar-Pamlico Basins) Year 0 Pounds Nitrogen Number of Payments

12

13 Unbuffered stream

14 Minimally buffered stream

15 Buffer Restoration

16 Big Bull Creek Buffer Restoration 79,000 lbs Nitrogen Reduction

17 McCotter Rains Buffer Restoration 55,460 lbs Nitrogen Reduction

18 Mason Farm Post Construction Buffer Restoration

19 Mason Farm 1 Year old Buffer Restoration

20 Wayne Community College BMP

21 Wayne Community College BMP Post-construction 5070 lbs Nitrogen 450 lbs Phosphorus

22 River Bend BMP Pre-construction 5,820 lbs Nitrogen reduction

23 River Bend BMP (planting) 5,820 lbs Nitrogen reduction

24 Accomplishments High compliance rates Projects located where they are most needed National and regional recognition Customer service

25 Questions? NC Ecosystem Enhancement Program 1652 Mail Service Center Raleigh, NC (919)