HomeMy WebLinkAboutAttD-letter_to_EMC
November 1, 2010
TO: Environmental Management Commission
FROM: Toya Ogallo
Division of Water Resources
SUBJECT: Comments Regarding Reopener Condition in the Proposed Interbasin Transfer (IBT)
Certificate for the Greenville Utilities Commission (GUC), Town of Farmville, Town of
Winterville, and Greene County
On November 5, 2009, The Environmental Management Commission held a public hearing concerning
GUC’s Petition for an IBT Certificate. The public record for that hearing was scheduled to close on
December 4, 2009. On December 1, 2009, the Town of Rocky Mount requested that the comment period
be extended for an additional 45 days. As a result, the Hearing Officers agreed to grant a one‐time
extension ending January 19, 2010.
During the comment period, Rocky Mount requested that the certificate include a reopener condition.
Therefore the Hearing Officers requested that Rocky Mount and the Greenville Utilities Commission
jointly work to recommend language. While the parties were not able to come to a mutual
recommendation, the Hearing Officers were provided an early draft of each entity’s proposed verbiage.
Based on those drafts, the following discussion was included in the Finding of Fact:
Rocky Mount proposed that any decision by the Commission to grant or deny a request to reopen
the certificate should be subject to administrative and judicial review according to Chapter 150B of
the General Statutes. However, the Hearing Officers have determined that it would not
appropriate for a condition of the Certificate to attempt to define any right a party may or may not
have in challenging the EMC’s decision. Therefore the Hearing Officers do not recommend that
Rocky Mount’s proposed language be used in the Certificate. Instead, the reopener language will
be consistent with language used in other IBT Certificates.
On October 19, 2010, Rocky Mount submitted the attached letter (pp D2‐D3) containing their proposed
reopener language. Since the Hearing Officers recommendations were already complete at this time, the
Town requested that its letter be presented to the Commission for consideration. On October 28, 2010,
the Greenville Utilities Commission submitted the attached response (ppD4‐D5) to Rocky Mount’s letter,
which GUC also asks be presented to the Commission for consideration.
Although Rocky Mount submitted comments after the Hearing Officer’s recommendations were
completed, the issues raised were already considered and addressed by the Hearing Officers in the
development of their report, the Findings of Fact, and the proposed IBT certificate. The Hearing Officers
have asked that I provide both letters and this explanatory information to the full Commission.
North Carolina Department of Environment and Natural Resources
Division of Water Resources
Beverly Eaves Perdue, Governor Dee Freeman, Secretary
Thomas A. Reeder, Director
D1
D2
D3
D4
D5