GS143-215.22I

as required by this subsection.
(e) Any person who is required to register a water transfer or withdrawal under this section and fails
to do so shall pay, in addition to the registration fee required under G.S. 143- 215.3(a)(1a) and G.S.
143-215.3(a)(1b), a late registration fee of five dollars ($5.00) per day for each day the registration is late
up to a maximum of five hundred dollars ($500.00). A person who is required to update a registration
under this section and fails to do so shall pay a fee of five dollars ($5.00) per day for each day the
updated information is late up to a maximum of five hundred dollars ($500.00). A late registration fee
shall not be charged to a farmer who submits a registration that pertains to farming operations. (1991, c.
712, s. 1; 1993, c. 344, s. 1; c. 553, s. 81; 1998-168, s. 3.)
'''' 143-215.22I. Regulation of surface water transfers.
(a) No person, without first securing a certificate from the Commission, may:
(1) Initiate a transfer of 2,000,000 gallons of water or more per day from one river basin to
another.
(2) Increase the amount of an existing transfer of water from one river basin to another by
twenty-five percent (25%) or more above the average daily amount transferred during the year ending
July 1, 1993, if the total transfer including the increase is 2,000,000 gallons or more per day.
(3) Increase an existing transfer of water from one river basin to another above the amount
approved by the Commission in a certificate issued under G.S. 162A-7 prior to July 1, 1993.
(b) Notwithstanding the provisions of subsection (a) of this section, a certificate shall not be required
to transfer water from one river basin to another up to the full capacity of a facility to transfer water from
one basin to another if the facility was existing or under construction on July 1, 1993.
(c) An applicant for a certificate shall petition the Commission for the certificate. The petition shall
be in writing and shall include the following:
(1) A description of the facilities to be used to transfer the water, including the location and
capacity of water intakes, pumps, pipelines, and other facilities.
(2) A description of the proposed uses of the water to be transferred.
(3) The water conservation measures to be used by the applicant to assure efficient use of the
water and avoidance of waste.
(4) Any other information deemed necessary by the Commission for review of the proposed
water transfer.
(d) Upon receipt of the petition, the Commission shall hold a public hearing on the proposed transfer
after giving at least 30 days' written notice of the hearing as follows:
(1) By publishing notice in the North Carolina Register.
(2) By publishing notice in a newspaper of general circulation in the area of the river basin
downstream from the point of withdrawal.
(3) By giving notice by first-class mail to each of the following:
a. A person who has registered under this Part a water withdrawal or transfer from the same
river basin where the water for the proposed transfer would be withdrawn.
b. A person who secured a certificate under this Part for a water transfer from the same river
basin where the water for the proposed transfer would be withdrawn.
c. A person holding a National Pollutant Discharge Elimination System (NPDES)
wastewater discharge permit exceeding 100,000 gallons per day for a discharge located downstream
from the proposed withdrawal point of the proposed transfer.
d. The board of county commissioners of each county that is located entirely or partially
within the river basin that is the source of the proposed transfer.
e. The governing body of any public water supply system that withdraws water downstream
from the withdrawal point of the proposed transfer.
(e) The notice of the public hearing shall include a nontechnical description of the applicant's request
and a conspicuous statement in bold type as to the effects of the water transfer on the source and
receiving river basins. The notice shall further indicate the procedure to be followed by anyone wishing
to submit comments on the proposed water transfer.
(f) In determining whether a certificate may be issued for the transfer, the Commission shall
specifically consider each of the following items and state in writing its findings of fact with regard to
each item:
(1) The necessity, reasonableness, and beneficial effects of the amount of surface water
proposed to be transferred and its proposed uses.
(2) The present and reasonably foreseeable future detrimental effects on the source river basin,
including present and future effects on public, industrial, and agricultural water supply needs,
wastewater assimilation, water quality, fish and wildlife habitat, hydroelectric power generation,
navigation, and recreation. Local water supply plans that affect the source major river basin shall be used
to evaluate the projected future municipal water needs in the source major river basin.
(2a) The cumulative effect on the source major river basin of any water transfer or consumptive
water use that, at the time the Commission considers the application for a certificate is occurring, is
authorized under this section, or is projected in any local water supply plan that has been submitted to
the Department in accordance with G.S. 143-355(l).
(3) The detrimental effects on the receiving river basin, including effects on water quality,
wastewater assimilation, fish and wildlife habitat, navigation, recreation, and flooding.
(4) Reasonable alternatives to the proposed transfer, including their probable costs, and
environmental impacts.
(5) If applicable to the proposed project, the applicant's present and proposed use of
impoundment storage capacity to store water during high-flow periods for use during low-flow periods
and the applicant's right of withdrawal under G.S. 143-215.44 through G.S. 143-215.50.
(6) If the water to be withdrawn or transferred is stored in a multipurpose reservoir constructed
by the United States Army Corps of Engineers, the purposes and water storage allocations established
for the reservoir at the time the reservoir was authorized by the Congress of the United States.
(7) Any other facts and circumstances that are reasonably necessary to carry out the purposes of
this Part.
(f1) An environmental assessment as defined by G.S. 113A- 9(1) shall be prepared for any petition
for a certificate under this section. The determination of whether an environmental impact statement
shall also be required shall be made in accordance with the provisions of Article 1 of Chapter 113A of
the General Statutes. The applicant who petitions the Commission for a certificate under this section
shall pay the cost of special studies necessary to comply with Article 1 of Chapter 113A of the General
Statutes.
(g) A certificate shall be granted for a water transfer if the applicant establishes and the Commission
concludes by a preponderance of the evidence based upon the findings of fact made under subsection (f)
of this section that: (i) the benefits of the proposed transfer outweigh the detriments of the proposed
transfer, and (ii) the detriments have been or will be mitigated to a reasonable degree. The conditions
necessary to ensure that the detriments are and continue to be mitigated to a reasonable degree shall be
attached to the certificate in accordance with subsection (h) of this section.
(h) The Commission may grant the certificate in whole or in part, or deny the certificate. The
Commission may also grant a certificate with any conditions attached that the Commission believes are
necessary to achieve the purposes of this Part. The conditions may include mitigation measures proposed
to minimize any detrimental effects of the proposed transfer and measures to protect the availability of
water in the source river basin during a drought or other emergency. The certificate shall include a
drought management plan that specifies how the transfer shall be managed to protect the source river
basin during drought conditions. The certificate shall indicate the maximum amount of water that may
be transferred. No person shall transfer an amount of water that exceeds the amount in the certificate.
(i) In cases where an applicant requests approval to increase a transfer that existed on July 1, 1993,
the Commission shall have authority to approve or disapprove only the amount of the increase. If the
Commission approves the increase, however, the certificate shall be issued for the amount of the existing
transfer plus the requested increase. Certificates for transfers approved by the Commission under G.S.
162A-7 shall remain in effect as approved by the Commission and shall have the same effect as a
certificate issued under this Part.
(j) In the case of water supply problems caused by drought, a pollution incident, temporary failure of
a water plant, or any other temporary condition in which the public health requires a transfer of water,
the Secretary of the Department of Environment and Natural Resources may grant approval for a
temporary transfer. Prior to approving a temporary transfer, the Secretary of the Department of
Environment and Natural Resources shall consult with those parties listed in G.S. 143-215.22I(d)(3) that
are likely to be affected by the proposed transfer. However, the Secretary of the Department of
Environment and Natural Resources shall not be required to satisfy the public notice requirements of this
section or make written findings of fact and conclusions in approving a temporary transfer under this
subsection. If the Secretary of the Department of Environment and Natural Resources approves a
temporary transfer under this subsection, the Secretary shall specify conditions to protect other water
users. A temporary transfer shall not exceed six months in duration, but the approval may be renewed for
a period of six months by the Secretary of the Department of Environment and Natural Resources based
on demonstrated need as set forth in this subsection.
(k) The substantive restrictions and conditions upon surface water transfers authorized in this section
may be imposed pursuant to any federal law that permits the State to certify, restrict, or condition any
new or continuing transfers or related activities licensed, relicensed, or otherwise authorized by the
federal government.
(l) When any transfer for which a certificate was issued under this section equals eighty percent
(80%) of the maximum amount authorized in the certificate, the applicant shall submit to the
Department a detailed plan that specifies how the applicant intends to address future foreseeable water
needs. If the applicant is required to have a local water supply plan, then this plan shall be an amendment
to the local water supply plan required by G.S. 143-355(l). When the transfer equals ninety percent
(90%) of the maximum amount authorized in the certificate, the applicant shall begin implementation of
the plan submitted to the Department.
(m) It is the public policy of the State to maintain, protect, and enhance water quality within North
Carolina. Further, it is the public policy of the State that the cumulative impact of transfers from a source
river basin shall not result in a violation of the antidegradation policy set out in 40 Code of Federal
Regulations ' 131.12 (l July 1997 Edition) and the statewide antidegradation policy adopted pursuant
thereto. (1993, c. 348, s. 1; 1997-443, ss. 11A.119(a), 15.48(c); 1997-524, s. 1; 1998-168, s. 4.)