Interbasin Transfer Certification

     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  The act has been modified several times since it was first adopted, most recently in 2007 when G.S. §143-215.22I was repealed and replaced with G.S. §143-215.22L.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.

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The following water systems have current, pending actions relating to interbasin transfer: Kerr Lake   Brunswick   Greenville   GREENVILLE UTILITIES COMMISSION INTERBASIN TRANSFER CERTIFICATION REQUEST Primary Applicant: Greenville Utilities Commission (Arcadis Consulting) Source Basin: Tar Receiving Basins: Neuse, Contentnea Creek Maximum Daily IBT request based on 2030 demand:   Tar to Contentnea Creek: 8.3 MGD (9.3 MGD emergency)   Tar to Neuse: 4.0 MGD (4.2 MGD emergency) In 2001, the North Carolina Environmental Management Commission (EMC) enacted the Central Coastal Plain Capacity Use Area (CCPCUA) rules. These regulations were developed to control groundwater use in the Cretaceous Aquifers in response to decreasing groundwater levels and saltwater intrusion. The CCPCUA rules require groundwater users in the impacted areas to reduce their consumption in three phases between 2008 and 2018. The Town of Farmville, Town of Winterville, and Greene County rely on the Cretaceous aquifers for water supply and are affected by the CCPCUA rules. To comply with CCPCUA reductions and to meet customer demands, these communities plan to purchase bulk finished water from the Greenville Utilities Commission (GUC). These purchases constitute two interbasin transfers. GUC's IBT request is required to comply with NC General Statute §143-215.22I. Although this statute was repealed in August 2007, it remains applicable for a petition for a certificate for transfer of surface water from one river basin to another to supplement ground water supplies in the fifteen counties designated as the Central Coastal Plain Capacity Use Area under 15A NCAC 2E .0501 as long as this occurs prior to January 1, 2011. Current dates of interest for this request are as follows:      ✓ October 2008 - Greenville Utilities Commission submitted its Final Environmental Assessment and received a Finding of No Significant Impact (FONSI).      ✓ March 12, 2009 - A status update was presented to the Water Allocation Committee.      ✓ April 14, 2009 - The applicant submitted its draft Petition to the Division for review.      ✓ May 13-14, 2009 - DWR presented the draft petition to the WAC and EMC with the recommendation that a public hearing be scheduled.      ✓ November 5, 2009 - The EMC held a public hearing to receive comments on the draft petition. The hearing was held at Pitt Community College in Winterville, NC. Current Status: The Environmental Management Commission held a public hearing on the applicant's draft petition on November 5, 2009. The public record for that hearing was scheduled to close on December 4, 2009, however the Hearing Officers have agreed to grant a one-time extension. The new deadline for submitting public comments will be Tuesday, January 19, 2010 . Comments may be mailed to Toya Ogallo, Division of Water Resources, DENR, 1611 Mail Service Center, Raleigh, NC 27699-1611. Comments may also be submitted electronically to Toya.F.Ogallo@ncdenr.gov. Mailed and emailed comments will be given equal weight. All comments must be postmarked or emailed by January 19th, 2010 at 5 pm. Background Documentation Draft Petition (pdf format) (April 2009) and attachments (pdf format) Environmental Assessment and FONSI (pdf format) (October 2008) Interbasin Transfer Management Strategy for Greenville Utilities Commission (pdf format) (April 2007) Path Forward: After the hearing the EMC will consider the comments and other factors and make a decision whether to issue the certificate in whole, in part, or deny 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/Greenville