| Interbasin Transfer Certification |
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In 1993, the North Carolina Legislature adopted
the Regulation of Surface Water Transfers Act (G.S. §143-215.22I).
This law regulates large surface water transfers between river basins by requiring a certificate from the Environmental Management
Commission (EMC).
The act has been modified several times since it was first adopted, most recently in 2007 when G.S. §143-215.22I was repealed and replaced with G.S. §143-215.22L.
In general, a transfer certificate is required for a new transfer of 2 million gallons per day (MGD)
or more and for an increase in an existing transfer by 25 percent or more (if the total including the
increase is more than 2 MGD).
Certificates are not required for facilities that existed or were under construction prior to
July 1, 1993, up to the full capacity of that facility to transfer water,
regardless of the transfer amount.
| Current Actions | | Regulated Transfers | | Rules, Policies, & Regulations | | Maps | | Information & FAQ | | Contacts | | Other Websites/ EMC & WAC | |
The following water systems have current, pending actions relating to interbasin transfer:
| Kerr Lake | | Brunswick | | Greenville | |
KERR LAKE REGIONAL WATER SYSTEM
INTERBASIN TRANSFER CERTIFICATION REQUEST
| Primary Applicant: | Kerr Lake Regional Water System (CH2MHill consulting) |
Source Basin: | Roanoke |
| Receiving Basins: | Tar, Fishing Creek, Neuse |
| Maximum Daily IBT request based on 2040 demand: |
| | Roanoke to Tar: | 22.48 MGD |
| | Roanoke to Fishing: | 1.63 MGD |
| | Roanoke to Neuse: | 2.4 MGD |
The Kerr Lake Regional Water System (KLRWS) is a regional provider of drinking
water. The system sells bulk water to Henderson, Oxford, and Warren County.
These three customers, in turn, serve portions of Vance, Granville, Franklin, and Warren Counties.
KLRWS has an existing, grandfathered, surface water transfer capacity of 10 MGD. The grandfathered capacity allows
the system to move water from the Roanoke River Basin (Kerr Lake) to the Tar and
Fishing Creek River Basins, both of which are sub-basins to the Tar-Pamlico
Major River Basin. On February 18, 2009, KLRWS submitted a Notice of
Intent to Request an Interbasin Transfer (IBT) Certificate to the Environmental
Management Commission. In that notice KLRWS requested to increase the
authorized transfer from 10 MGD to 24 MGD, and to transfer 2.4 MGD
from the Roanoke River Basin to the Neuse River Basin. These
transfer amounts are based on water use projections to the year 2040.
KLRWS has submitted the first IBT request that is required to comply with NC General
Statute §143-215.22L. This statute supersedes previous statutes
and requires more thorough evaluation and broader notification than was required in the past.
Current dates of interest for this request are as follows:
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✓ | February 18, 2009 - KLRWS submitted a Notice
of Intent to Request an Interbasin Transfer Certificate to the EMC. |
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✓ | February 26, 2009 - CH2MHill (consultant for
KLRWS) provided written notice of scheduled public meetings as required by §143-215.22L(c). |
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✓ | March 12, 2009 - A status update was presented
to the Water Allocation Committee. |
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✓ | April 1-8, 2009 - The applicant held five public meetings
to collect comments on the scope of the draft Environmental Impact Statement
(EIS). |
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✓ | May 31, 2009 - Public comment scoping period ended. |
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✓ | November 2009 - The applicant provided a quarterly status report (pdf) to the Division. |
Current Status:
The applicant is currently working to develop a draft Environmental Impact Statement (EIS). The EIS must address the following requirements, which are also set forth in G.S. §113A-4 and §143-215.22L(d):
- A comprehensive analysis of the environmental impacts that would occur in the source and receiving river basins if the petition for a certificate is granted;
- Any significant adverse environmental effects which cannot be avoided;
- A description of measures to mitigate any adverse impacts that may arise from the proposed
interbasin transfer;
- An evaluation of alternatives to the proposed interbasin transfer, including water supply options
that do not require an interbasin transfer and use of water conservation measures;
- The relationship between the short-term uses of the environment involved in the proposed action
and the maintenance and enhancement of long-term productivity and;
- Any irreversible and irretrievable environmental changes which would be involved in the
proposed action should it be implemented.
The draft EIS is expected to be available for review in 2010. The Commission may not act on any petition until they have determined that the environmental
document is adequate.
Background Documentation:
- Public Meeting materials:
- Notice of Intent to Request an Interbasin Transfer Certificate (pdf) and exhibits (pdf)
- Notice of Public Meetings (pdf)
- 2008 Interbasin Transfer Certificate and Environmental Impact Statement Scoping Document (pdf)
- 2004 Draft Environmental Assessment Scope(pdf)
Path Forward:
After the public meetings, the applicant will incorporate all relevant comments
and submit a draft EIS to the EMC. The EMC will
then schedule several public hearings and provide an additional opportunity for
comment. Once the EMC has responded to relevant comments, they may
determine that the EIS is complete and either accept or deny the applicant's
Petition. There will be additional public hearings and opportunities
to comment on the EMC's draft determination before the decision is finalized
on whether or not to grant the certificate.
If you have any questions on this request, please contact Toya Ogallo at
(919) 715-0389 or toya.f.ogallo@ncdenr.gov. Additional information on this request
is also available on our website at
http://www.ncwater.org/Permits_and_Registration/Interbasin_Transfer/Status/Kerr
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