DEQ-CFW_00070173

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Allenda Item #08-60: Request to Adopt the Hearing Officer's Recommendation on the
Proposed Reclassification of a Cape Fear River Segment in
Bladen and Cumberland Counties (Cape Fear River Basin) to
Class Water Supply IV (WS-IV) and WS-IV CA (Critical Area)
Explanation: Lower Cape Fear Water and Sewer Authority (LCFWASA) staff
requested that a Cape Fear River segment be reclassified to WS-IV
[Protected Area (PA)] and WS-IV CA. The reclassification is needed
to construct a potable water supply intake. Initially, the new intake
will provide a potable water supply for the Smithfield Packing
Company. In the future, the intake will provide a source of potable
water for potentially several southern coastal plain municipalities. In
October 2004, the EMC, the Division of Water Resources, and the
Lumber River Council of Governments (COG) entered into a
cooperative agreement to assure that area groundwater resources are
monitored and "a regional plan for long-range, sustainable water
supply sources is developed" that would include Smithfield's
participation and investigation of additional water sources, including
surface water sources. A regional plan was developed, the Authority
was formed to include representation of several municipalities and
interests, and this proposed reclassification is an outgrowth of that
plan.
The Division of Water Resources (DWR) and Division of
Environmental Health (DEH) Public Water Supply (PWS) Section do
not object to the proposed reclassification. The waters to be
reclassified meet water supply water standards and criteria for the
WS-1V desigaati"on, according to 2007 DWQ studies.
If reclassified, development and wastewater discharge restrictions will
apply in the proposed water supply watershed. There are several
animal operations and ` one NPDES wastewater discharger, Dupont
Fayetteville Works, in the proposed water supply watershed; the
above -mentioned animal operations and discharger most likely will
not be impacted by current regulations associated with this
reclassification. There are not any known planned dischargers and
developments in the entire proposed reclassification area according to
DWQ staff in the Fayetteville Regional Office and staff with local
governments with jurisdiction in the proposed reclassification area.
Bladen and Cumberland Counties are the local governments with
jurisdiction in the proposed area, and Bladen County and Cumberland
County support and do not object to the proposal, respectively. These
local governmentswould need to modify their water supply watershed
protection ordinances within 270 days after the reclassification
effective date.
DEQ-CFW 00070173

In March 2008 and May 2008, the Water Quality Committee and the
Commission, respectively, approved the request to proceed with rule -
making for the proposed reclassification. A public hearing was held
in August 2008 in Dublin. Ten speakers made comments. Seven of
the speakers clearly stated they supported the reclassification and the
remaining speakers did not state their stance regarding the
reclassification.
In the portion of the comment period leading up to and including the
public hearing, two letters in support of the reclassification and one
letter that did not state a stance on the reclassification were received
from three of the hearing speakers. During the remainder of the
comment period, one letter in support of the reclassification was
received, and two letters without a stance on the reclassification were
received. The Report of Proceedings sent to the members of the EMC
includes further details on this proposed reclassification as well as all
written comments received.
Recommendation: Staff recommends that the proposed reclassification be approved by
the Commission. If reclassified as proposed, and approved by the
RRC in December 2008, the effective date for this reclassification
will be January 1, 2009.
DEQ-CFW 00070174