Petition_Summary_and_Staff_Recommendations

8/31/2001
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Petition Summary and Recomendations for Conditions.doc

North Carolina Department of Environment and Natural Resources
Division of Water Resources
Michael F. Easley, Governor William G. Ross Jr., Secretary
John N. Morris, Director
Staff Summary of the proposed increase in Interbasin Transfer from the Catawba River Sub-Basin
to the Rocky River Sub-Basin by the Charlotte-Mecklenburg Utilities
Background
Charlotte-Mecklenburg Utilities (CMUD) is requesting an increase from the grandfathered Interbasin
Transfer (IBT) of 16.1 million gallons per day (mgd) to 33 mgd (maximum day basis). The proposed IBT
is based on additional water withdrawals from Lake Norman and Mountain Island Lake in the source
basin (Catawba River Subbasin). IBT will increase due to transfer of the water to the receiving basin
(Rocky River Subbasin) via consumptive use in eastern Mecklenburg County and existing discharges at
Mallard Creek Wastewater Treatment Plant [WWTP] and Water and Sewer Authority of Cabarrus
County’s [WSACC] Rocky River Regional (RRR) WWTP. CMUD is requesting a permitted IBT
increase to 33 mgd, which will allow CMUD to meet projected water supply demands through the year
2030 in eastern Mecklenburg County. This IBT does not include transfers associated with water or
wastewater service provided to the Goose Creek watershed in the Town of Mint Hill in Mecklenburg
County.
In the source basin, storage in and flow through the Catawba-Wateree Project reservoirs, lost electrical
generation, and reduced flow in the Catawba River immediately below the Wylie development would be
the major resources directly affected. The indirect and cumulative impacts on fisheries and aquatic
resources, water quality, threatened and endangered species and other resources would result primarily
from changes in flow or lake levels. Operations of the Catawba-Wateree Project reservoirs were modeled
using Duke Power’s reservoir operations model during average, dry, and drought year conditions.
The model results indicated that there will be no changes in the surface water elevations of Lake Norman,
Mountain Island Lake, or Lake Wylie due to the proposed increased IBT. Under normal and drought
inflow conditions, Duke Power would manage the lakes and its power generation to offset increased water
withdrawals to maintain the minimum release requirements and operating lake surface elevations. Direct
impacts on water supply, water quality, wastewater assimilation, fish and wildlife resources, navigation,
or recreation are not expected since there will be no significant changes in the hydrology of the system
due to the increased withdrawal. The IBT will not require any increase in the currently permitted levels
of wastewater discharges or any construction in either the source or receiving basins.
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Petition Summary and Recomendations for Conditions.doc
There are no secondary impacts related to growth in the source basin due to the transfer of water.
However, the IBT will provide additional water supply to support growth and development in the
receiving basin. Mitigation measures presented in this IBT Petition are expected to mitigate secondary
impacts related to growth and development. The proposed IBT will not result in significant cumulative
impacts in either the source or receiving basins.
Staff Recommendations
Based on the EA and materials submitted by the applicant the requested increase to 33.0 mgd is
reasonable with conditions to address the secondary impact issues. Staff recommends proceeding with the
public hearing and requesting comments on the following:
The public is invited to comment on the applicants’ petition and supporting environmental
documentation. The Commission is considering and seeking comments on three options with regard to
the interbasin transfer request. The options, in no particular order, are: (a) grant the certificate for the 33.0
mgd interbasin transfer request; (b) deny the 33.0 mgd interbasin transfer request; or (c) grant the
certificate including any conditions necessary to achieve the purposes of the statute or to provide
mitigation measures. The public is invited to comment on the following possible conditions and to
suggest any other appropriate conditions, including other limitations on the amount of the transfer.
1. Require Mecklenburg County to summarize progress in 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 to and need for
continued reporting as necessary.
2. Require Mecklenburg County and the City of Charlotte 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 related to the proposed ordinance
changes.
3. The Goose Creek subbasin in Mecklenburg County is removed from the area to be served by the IBT.
A moratorium on the installation of new IBT water lines (water lines crossing the ridgeline) into
Goose Creek subbasin is in effect until the impacts of additional growth urban growth on the
endangered species are fully evaluated. This moratorium will not impact Charlotte-Mecklenburg
Utility’s ability to fully utilize existing water lines.
4. Require applicants 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.
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Petition Summary and Recomendations for Conditions.doc
Other Considerations
One of the concerns related to secondary impacts is how growth will impact the Carolina Heelsplitter in
the Goose Creek subbasin (a small watershed in the Rocky River Subbasin). The Carolina Heelsplitter is a
federally listed endangered mussel. The Carolina Heelsplitter has only six known populations, two in
North Carolina and four in South Carolina. The WRC, the Town of Mint Hill and CMUD did not reach an
agreement on mitigation measures to protect the Carolina Heelsplitter as part of the EA process.
Therefore, the Goose Creek area is not included in this IBT petition.
Figure 1 on the next page is a map showing Mint Hill and the Goose Creek watershed.
The applicant and Mint Hill are working with WRC to try and find an acceptable solution to allow the
moratorium to be lifted. Currently, CMUD, Mint Hill, WRC, and DWR are in a mediation process trying
find a solution. If the mediation reaches an acceptable conclusion before the end of the comment period,
CMUD is going to request an amendment to the petition to drop the moratorium and change the transfer
amount from 33.0 mgd to 35.0 mgd. If we can not resolve the issues before the end of the comment
period, the concerns will be handled in the EIS for the Three-County Regional Water Reclamation
Facility.
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Petition Summary and Recomendations for Conditions.doc
Figure 1 - Goose Creek Watershed