; 15A NCAC 02B
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15A NCAC 02B

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									 1   15A NCAC 02B .0240 Nutrient Offset Payments
 2
 3   (a) The purpose of this Rule is to establish procedures for the optional payment of fees to partially offset
 4   nutrient loading requirements. This Rule may apply to any area of the State as directed by the
 5   Environmental Management Commission (EMC). Monies paid to this fund pursuant to this Rule shall be
 6   targeted toward the same river basin in which the nutrient reduction credits have been purchased.
 7   (b) For the Neuse and Tar-Pamlico River Basins this Rule authorizes the partial offsetting of the nitrogen
 8   loading requirements specified in 15A NCAC 2B .0234 and 2B .0235 and the partial offsetting of the
 9   nitrogen and phosphorous loading requirements specified in 15A NCAC 2B .0258 by payment into the
10   Riparian Buffer Restoration Fund administered by the North Carolina Department of Environment and
11   Natural Resources according to the equations presented in this Rule.
12   (c) Payments to offset nitrogen loading shall be calculated by using the following equation:
13
14   N Payment = [($/lb)(# of lbs/year)(30 years) + (Land Cost $/Ac)(1 Ac / 35 Ac)(Devel. in Ac)]
15                     X (1.1 Ad Costs)
16
17            Where,
18
19            $/lb =            The cost of mitigation in dollars per pound of nitrogen mitigation. For
20                              stormwater offsets required under 15A NCAC 2B .0235 and 2B .0258, this
21                              factor will be initially established at $57/lb for calendar year 2006 and thereafter
22                              adjusted on an annual basis (in January of every year) based upon the
23                              construction cost index factor published every December in the Engineering
24                              News Record (ENR).      For group compliance association wastewater discharge
25                              offsets required under 15A NCAC 2B .0234(9), this factor will be initially
26                              established at $57/lb for calendar year 2006 and thereafter adjusted on an annual
27                              basis (in January of every year) based upon the construction cost index factor
28                              published every December in the Engineering News Record (ENR). For new
29                              and expanding wastewater discharge offsets required under 15A NCAC 2B
30                              .0234(7) and (8), this factor will be initially established at $28.50/lb for calendar
31                              year 2006 and thereafter adjusted on an annual basis (in January of every year)
32                              based upon the construction cost index factor published every December in the
33                              Engineering News Record (ENR). The annual updating of these costs will be
34                              performed by the In-Lieu Fee Program Coordinator in the Ecosystem
35                              Enhancement Program.
36
37            # of lbs/year =   The number of pounds of nitrogen exported or discharged each year for which
38                              mitigation is being requested.


                                                           1
 1
 2           Land Cost $/Ac =            The current property value, in dollars per acre, of the property being
 3                                       developed, based upon the most recent county tax assessment.
 4
 5           1 Ac / 35 Ac =              An adjustment factor, indicating that one acre of mitigation is required
 6                                       for every 35 acres of development.
 7
 8           Devel in Ac =               The overall size of the development, for which the mitigation is
 9                                       requested, in acres.
10
11           (1.1 Ad Costs) =            An adjustment factor, necessary to cover the administrative costs
12                                       associated with the requested mitigation.
13
14
15   (d) Payments to offset phosphorous loading shall be calculated by using the following equation:
16
17   P Payment = [($/0.1 lb)(# of 0.1 lbs/year)(30 yrs) + (Land Cost $/Ac)(1 Ac/35 Ac)(Devel in Ac)]
18                    X (1.1 Ad Costs)
19
20           Where,
21
22           $/0.1 lb =                  The cost of mitigation in dollars per tenth of a pound of phosphorous
23                                       mitigation. This factor will be initially established at $45/0.1 lb for
24                                       calendar year 2006 and thereafter adjusted on an annual basis (in
25                                       January of every year) based upon the construction cost index factor
26                                       published every December in the Engineering News Record (ENR).
27                                       The annual updating of this cost will be performed by the In-Lieu Fee
28                                       Program Coordinator in the Ecosystem Enhancement Program.
29
30           # of 0.1 lbs/year =         The number of tenths of a pound of phosphorous exported or
31                                       discharged each year for which mitigation is being requested.
32
33           Land Cost $/Ac =            The current property value, in dollars per acre, of the property being
34                                       developed, based upon the most recent county tax assessment.
35
36           1 Ac / 35 Ac =              An adjustment factor, indicating that one acre of mitigation is required
37                                       for every 35 acres of development.




                                                           2
 1
 2            Devel in Ac =                 The overall size of the development, for which the mitigation is
 3                                          requested, in acres.
 4
 5            (1.1 Ad Costs) =              An adjustment factor, necessary to cover the administrative costs
 6                                          associated with the requested mitigation.
 7
 8   (e) In those cases where offset reductions are required for both nitrogen and phosphorous, the appropriate
 9   calculations shall be performed for both the nitrogen and phosphorous offset payments, as detailed in
10   Paragraphs (c) and (d) of this Rule. In these cases, only the greater value of the two payments shall be
11   required to satisfy the offset reductions for both the nitrogen and phosphorous limits.
12   (f) For loading offset in the Neuse River Basin in wastewater discharge found in 15A NCAC 2B .0234,
13   payment shall be made prior to permit issuance or as provided in Paragraph (i) of this Rule. For loading
14   offset in the Neuse River Basin in stormwater discharge as specified in 15A NCAC 2B .0235, payment
15   shall be made prior to approval of the development plan.
16   (g) For loading offset in the Tar-Pamlico River Basin in stormwater discharge as specified in 15A NCAC
17   2B .0258, payment shall be made prior to approval of the development plan.
18   (h) The nitrogen and phosphorous reduction credits associated with restored wetlands and riparian areas
19   funded under this Rule shall be awarded exclusively to the person, municipality, discharger, or group of
20   dischargers who paid the offset fee.
21   (i) Wastewater dischargers subject to the nutrient requirements in 15A NCAC 2B .0234 shall be provided
22   the option of making incremental payments for additional nutrient allocations. In the event that a
23   discharger seeking a National Pollutant Discharge Elimination System (NPDES) Permit for a new or
24   expanded wastewater discharge chooses to purchase some or all of the requisite allocation through this
25   Nutrient Offset Payments Rule and to make incremental payments for this allocation, the Division of Water
26   Quality may issue or modify the affected NPDES Permit to authorize the increased discharge, provided that
27   the Division conditions any increase associated with that incremental purchase to notification that the total
28   cost of the additional allocation has been paid in full. Mitigation responsibility for nutrient increases
29   covered under this Paragraph shall not be transferred to the Ecosystem Enhancement Program of the
30   Department of Environment and Natural Resources until the entire payment has been made to the Riparian
31   Buffer Restoration Fund; provided, however, that the Ecosystem Enhancement Program shall provide a
32   letter of commitment to provide the mitigation as necessary for issuance of the NPDES Permit for a
33   discharger covered under the provisions of this Paragraph.
34
35   History Note:     Authority G.S. 143-214.1; S.L. 1995, c. 572
36                     Eff. August 1, 1998. 1998;
37                     Amended Eff. March 1, 2006.




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