Department of Environmental Quality Delegation of Authority to DEQ for EIS Adequacy Determination for IBTs Environmental Management Commission January 14, 2016 Department of Environmental Quality

Background Adequacy Determination of Environmental Document Required step in process for IBT certificate Current application from Union County Changes in statute (143-215.22L(f)) since last EIS required for IBT Reservations from Steering Comm. about EMC determining adequacy, prefer to receive complete package when making final determination for certificate Steering Committee proposed to delegate EMC authority to DEQ for determining adequacy of EIS Proposed language considered at January 13th Steering Committee meeting Motion to take language to full EMC for consideration

Proposed Language “The Environmental Management Commission hereby delegates to the Secretary of the Department of Environmental Quality the authority to determine that the environmental document required by G.S. 143- 215.22L(d) is adequate pursuant to G.S. 143-215.22L(f).  The environmental document will be part of the petition for interbasin transfer that will be considered by the Environmental Management Commission in granting or denying the petition pursuant to the process set out in N.C.G.S. Chapter 143-215.22L.  The Secretary may delegate the authority granted in this motion to the Director of Water Resources.  Any decision rendered pursuant to this delegation to the Secretary shall be based on the criteria in N.C.G.S. Chapter 143-215.22L and the Commission’s rules.”

Revised Process Flowchart Draft EIS Integrate NCDEQ & other invested agency comments EMC holds Public Hearing on Draft EIS DOA SEPA Environmental Review Clearinghouse (45-day comment period) Solicit comments for 30 days following EMC Public Hearing Final EIS Comments from both EMC and SEPA processes are integrated and included with responses DOA SEPA Environmental Review Clearinghouse (30-day comment period) Issuance of Record of Decision (ROD) Adequacy Review by DEQ as delegated by EMC DOA SEPA Environmental Review Clearinghouse (publication only)

IBT Process § 143-215.22L II. Applicant submits draft environmental document (EIS or EA) 30 days notice of public meetings 3+ Public meetings I. Applicant submits Notice of Intent to file a petition. 30 days notice of public hearing EMC public hearing Comments accepted for 30 days after hearing EMC prepares written response to comments Adequacy of environmental document determined (by DEQ, as delegated by EMC) III. Applicant submits petition to EMC EMC issues Draft Determination within 90 days of receiving petition and adequacy of doc determined Public notice of draft determination and 30-day notice of hearings 2+ public hearings held within 60 days of issuing draft determination Comments accepted for 30 days after last hearing EMC issues final determination Settlement discussions, if requested

Contact Information Kim Nimmer Division of Water Resources Department of Environmental Quality 919-707-9019 kim.nimmer@ncdenr.gov