1. 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

2. Background Adequacy Determination of Environmental Document
Required step in process for IBT certificate
Current application from Union County
Changes in statute ( L(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

3. 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 L(d) is adequate pursuant to G.S L(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 L.  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 L and the Commission’s rules.”

4. 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)

5. IBT Process § L
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

6. Contact Information
Kim Nimmer
Division of Water Resources Department of Environmental Quality