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Public_Meeting_Background_IBT_request_informationProposed 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 Example A: Water is withdrawn from one basin and discharged into another Example B: Water is returned to source basin but consumed elsewhere.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 harold.m.brady@ncdenr.gov 919-707-9005