Public_Meeting_Background_IBT_request_information

Proposed Interbasin Transfer
Certificate Modification
Towns of Cary, Apex, Morrisville
and Wake County
Public Hearing
Town of Apex Public Works Building
January 7, 2015

Outline
•IBT Basics
–What is a transfer?
•Cary & Apex Regional IBT Project
–Description
–Timeline
–Statutory Process
•Final Decision = EMC

Definition & Purpose
•The withdrawal of surface water from one river
basin and discharge of all or any part of the
water in a river basin different from the origin.
•The purpose of the Interbasin Transfer Law is
to ensure it is good public policy to move
water from one river basin into another.

Example A:
Water is withdrawn from
one basin and
discharged into another
Example B:
Water is returned to
source basin but
consumed elsewhere.
Town
Town
Source basin
Receiving basin
Source basin
Receiving basin
Simplified View of IBT
•Transfer = Withdrawal – Return
•Net Transfer, Not Gross

The amount of a transfer is
determined by the amount
of water moved from the
source basin to the
receiving basin, less the
amount of water returned to
the source basin.
Statutory Thresholds and Changes
•2 million gallons per day (mgd) or more, calculated as a daily average of a calendar month.
•Not to exceed 3 mgd maximum day.
•Increase an existing/ grandfathered transfer (exceeding 2 mgd) determined by the system capacity as of July 1, 1993.

•The NC General Assembly has made at least eight significant changes to the 1993 IBT Law.
•Six IBT Certificates have been issued.
•Current statute § 143-215.22L had significant revisions in Session Law 2013-388 (codified as § 143-215.22L.(v).
–Provided a process for modifying an issued Certificate.
–Changed the measuring statistic from maximum annual day to average day over a calendar month.

IBT Certificate Modification
§ 143-215.22L.(v)
•The Commission or the Department may make any of the following modifications to a certificate:
a)Correction of typographical errors.
b)Clarification of existing conditions or language.
c)Updates, requested by the certificate holder, to a conservation plan, drought management plan, or compliance and monitoring plan.
d)Modifications requested by the certificate holder to reflect altered requirements due to the amendment of this section.
Proposed Project Description
Primary Applicant: Towns of Cary, Apex, and
Morrisville and Wake County
Source Basin: Haw
Receiving Basins: Neuse, Cape Fear
Existing IBT Certificate: 24 MGD (max day)
Average Daily over Maximum Month IBT request based on 2045 demand:
Existing IBT Certificate Equivalent: 22 MGD
Existing IBT (2013 data): 16 MGD
Haw to Neuse (2013 data): 15.95 MGD
Haw to Cape Fear (2013 data): 0.05 MGD
Total Requested IBT: 33 MGD
Haw to Neuse: 31 MGD
Haw to Cape Fear: 2 MGD
Cary/Apex Regional
Water Systems
•Existing allocation of 39% of the water supply pool (~39 mgd) is sufficient to satisfy the proposed IBT modification.
•Modeled results show no significant impacts of transfer
Lake levels during extreme drought
Downstream low flow duration
•http://www.ncwater.org/?page=473

Environmental Assessment
Types of Impact Analyses in EA
Jordan Lake Water Surface Elevation Comparisons
Requirements of IBT Statute
Modification to an Existing IBT certificate

II. Applicant prepares environmental document (EA)
pursuant to State Environmental Policy Act (SEPA).
I. Applicant submits Notice of Intent to file a request for
modification.
III. NCDENR publishes a request for modification
in the NC Register.
Public hearing for modification request Comments accepted for 30 days following
hearing
EMC ISSUES
FINAL
DETERMINATION
Adequacy Determination
NCDENR submits document to State Clearinghouse for public
comment (30-day period)
NCDENR prepares
written response to
comments (i.e.
hearing officers report)
Project Timeline
March 2015 Determination by EMC
January 2015 Public Hearings
December 2014 Environmental Assessment submitted for Public Comment
September 2014 Draft Environmental Assessment submitted to DWR
August 2014 Completion of Western Wake Regional WWTP
September 2013 NOI submitted to EMC
July 2001 Current IBT Certificate Issued
Role of EMC
Findings of Fact
•The EMC may grant the modification request in whole or in part, or deny it, and may require mitigation measures to
minimize detrimental effects. In making this determination,
the EMC is required to specifically consider:
–The necessity, reasonableness, and beneficial effects of transfer amount
–Detrimental effects on the source river basin
–Detrimental effects on the receiving basin
–Reasonable alternatives to the proposed transfer
–Use of impounded storage
–Purposes and water storage allocations in a US Army Corps of Engineers multipurpose reservoir
–Compare the water system service area to the locations of both the source and receiving basins
–Any other facts or circumstances
Contact Information
Harold M. Brady
NCDENR - Division of Water Resources
[e-mail]
919-707-9005