CMUD_Certificate_May2013

ENVIRONMENTAL MANAGEMENT COMMISSION
Modification of Certificate Authorizing the Charlotte Mecklenburg Utilities to Transfer Water
From the Catawba River Basin to the Rocky River Basin Under The Provisions of G.S. 143-
215.221
Based on the hearing record and the recommendation of the hearing officers, the Commission, on May 9, 2013 by
duly made motions concludes that by a preponderance of the evidence based upon the Findings of Fact stated in
the hearing officers report that (1) the benefits of the modification outweigh the detriments of the modification,
and (2) the detriments of the modification will be mitigated to a reasonable degree. Therefore, and by duly made
motions, the Commission grants the Charlotte Mecklenburg Utilities request to remove Condition 3 from its March
2002 lnterbasin Transfer Certificate. This modification does not affect the permitted transfer amount of 33 million
gallons per day (MGD) on a maximum day basis, from the Catawba River Basin to the Rocky RiverBasin. The
remaining conditions of the original certificate remain unchanged and are as follows:
1) Mecklenburg County is required to summarize progress in the implementation of watershed management
approaches of the Surface Water Improvement and Management Program (SWIM) on an annual basis.
The Division of Water Resources shall have the authority to approve modifications and need for continued
reporting as necessary.
2) Mecklenburg County and the City of Charlotte are required to continue the stakeholder process to
investigate water quantity control from single-family development and water quality control for all
development until completed. To accomplish this end, the stakeholder group should consider evaluating
the feasibility of single-family detention and recommending ordinance revisions based on technical,
political, long-term maintenance, cost, and benefits relating to the proposed ordinance changes.
3) If the EA is found at a later date to be incorrect or new information becomes available such that the
environmental impacts associated with this transfer are substantially different from those projected
impacts that formed the basis for the Finding of Fact and this certificate, the Commission may reopen the
certificate to adjust the existing conditions or require new conditions to ensure that the detriments
continue to be mitigated to a reasonable degree.
4) The certificate holder is required to develop a compliance and monitoring plan for reporting maximum
daily transfer amounts, compliance with certificate conditions, progress on mitigation measures, and
drought management activities. The Division of Water Resources shall have the authority to approve
modifications to the compliance and monitoring plan and drought management plan as necessary.
This certificate is effective immediately. This is the cor~ day of ~-2013 .
. ~~ f.&i•:t= Chairman