DEQ-CFW_00070553

Michael F. Easley, Governor
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Mr. Don Betz
Executive Director
Lower Cape Fear Water and Sewer Authority
1107 New Pointe Blvd, Suite 17
Leland, NC 28451
Dear Mr. Betz:
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
December 21, 2007
Coleen H. Sullins, Director
Division of Water Quality
This is in response to your letter of November 27, 2007 regarding the Lower Cape Fear Water and Sewer
Authority's request to reclassify a portion of the Cape Fear .River to WS-IV. Below are four actions that I had
indicated that needed to be addressed in order for DWQ to take the reclassification request forward to the WQC and
the EMC. Our recommendation is in bold, followed by your comment in italics. This is followed by our response in
plain type.
1. Written approval from DEH that the subject waters are suitable as a public water supply source. Is the
Planning Section suggesting that in addition to the UAS process to be conducted by DWQ that DEH needs to
conduct a sampling program as well and provide a letter so stating by February 1, 2008.
No. DWQ has completed the monitoring needed to perform the UAS. Once the Planning Section receives the
data from our Environmental Sciences Section, it will be forwarded to the DEH for their consideration. So
there is no separate sampling program required.
2. Knowledge that review of the EA by any agency has not resulted in movement of removal of the proposed
intake location, and that the proposed project can meet all required conditions cited by agencies
reviewing the EA. The Authority has not received a request by any State or Federal agency to relocated the
intake either through the submitted EA or the submitted PER.
Noted. Comments on the EA are being addressed through separate correspondence.
3. A Use Attainability Study (UAS) that shows the subject waters meet the standards and criteria of the
proposed WS-1V classification. I believe the responsibility for the performance of this condition is within your
section and if it hasn't been authorized and undertaken to be accomplished during the past 300 days, just how is
it going to be completed in less than 45 working days prior to February 1, 2008?
As we explained at the October 29, 2007 meeting, performing the UAS was dependent on completing
monitoring. Monitoring was delayed by a combination of factors related to the drought conditions in the river
and limited staff resources. The monitoring has been completed, and DWQ is now in the analysis phase of the
work.
4. Water quality data that adequately shows that the subject waters meet the derived surface water quality
standard for PFOA, which is to be based on SAB's recommendation, and/or acceptable treatment has
been approved by DEH. This condition is directly contrary to what the Authority was advised during our
meeting of October 29, 2007.
I understand your comment regarding the apparent consistency between statements. I would like to clarify that
DWQ does not envision denying the reclassification request on its own, based on PFOA. When we coordinate
with DEH to address item 1., above, we will be asking DEH whether it will approve the proposed treatment for
PFOA. If DEH approves the treatment as acceptable in treating PFOA for public water supply use, that would
address this condition.
North Carolina Division of Water Quality 1617 Mail Service Center 512 N. Salisbury St. Phone [phone] Customer Service
Internet: h2o.enr.state.mus Raleigh, NC 27699-1617 Raleigh, NC 27604 FAX [phone]
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DEQ-CFW 00070553

Mr. Don Betz
December 21, 2007
Page 2
In closing, our tentative schedule is to complete the UAS and coordinate with the DEH in January. If our, analysis of
the UAS and DEH's responses support the reclassification, our goal will be to bring the reclassification request to
the WQC in March and the EMC in May. Please feel free to contact me if you have any additional questions.
Sincerely,
Alan R. Clark
Chief, Planning Section
cc Coleen Sullins
Chuck Wakild
Jeff Manning
Elizabeth Kountis
DEQ-CFW 00070554