20051457 Ver 1_draft response_20130821

draft response Cleveland County Water First Broad Reservoir 401 Cert #05 -1457)
From: Higgins, Karen
Sent: Wednesday, August 21, 2013 4:18 PM
To: Karoly, Cyndi; Matthews, Matt; Massengale, Susan; Reeder, Tom
subject: draft response: Cleveland County water First Broad Reservoir 401
Cert.
(DWQ #05 -1457)
Attachments: draft response to EPA_ClevelandCounty.docx
Please see attached draft response to EPA. Please send me any comments so I can
respond to Todd.
Thanks -
Karen
Karen Higgins
wetlands, Buffers, streams - Compliance & Permitting unit
NCDENR - Division of Water Resources - Water Quality Programs
1650 Mail service Center, Raleigh, NC 27699 -1650
Phone: [phone]
Email: [e-mail]
Website: http: // portal. ncdenr .org /web /wq /swp /ws /webscape
E -mail correspondence to and from this address may be subject to the North Carolina
Public Records Law
and may be disclosed to third parties.
From: Bowers, Todd [mailto:bowers.todd @ epa.gov]
sent: Tuesday, August 20, 2013 2:33 PM
To: Higgins, Karen
Cc: Higgins, Jamie; Fasselt, Veronica; Gordon, Lisa Perras; Able, Tony
subject: Cleveland County Water First Broad Reservoir 401 Cert. (DWQ #05 -1457)
Karen,
I am writing to inquire about the waived 401 Certification pertaining to the
Cleveland County
Water First Broad River Reservoir (DWQ #05 -1457) in Cleveland County, NC. We
understand
that pursuant to Title 15A NCAC 02H.0507 if final action towards an application is
not taken
within 60 calendar days, the requirement for certification is waived. I need some
details on why
a project with such large environmental significance can just have a permit
application waived
without a known outcome of the applicant's preferred alternative.
As you may or may not be aware, the applicant (CCW) is still undergoing the NEPA
process of
finishing a Draft Environmental Impact statement that is still several months from
completion.
According to the 7uly 2nd letter sent by your office to CCW and existing
regulations, if additional
impacts are anticipated or if the project plans change the waiver is no longer
valid. This would
seem to lock the applicant in choosing the alternative (impoundment on the First
Broad River)
that coincides with the waived 401 cert. In any case the applicant needs to complete
the NEPA
EIS and apply for a Clean Water Act Section 404 permit from the Wilmington Corps
District. The
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draft response Cleveland County Water First Broad Reservoir 401 Cert #05 -1457)
outcome of this process may very well end up with the applicant choosing a different
project
that does not involve a reservoir on the First Broad.
Can you provide any information as to why your office chose to waive the requirement
for a
401 water quality cert for a project that may end up inundating over 26 miles of
streams and
rivers in Cleveland County? It seems that with a project of this size, the state of
NC would
certainly desire the applicant to obtain a valid 401 Cert. and address any concerns
NCDENR may
have towards a project of this magnitude and controversy.
Thank you for your time in addressing this matter.
Best Regards,
Todd Bowers
Todd Allen Bowers
Wetlands Regulatory Project Manager
US Environmental Protection Agency
61 Forsyth St. SW
Atlanta, GA 30303
404.562.9225 office
404.562.9343 fax
[e-mail]
www.epa.gov /region4 /water /wetlands
"We shall never achieve harmony with land, any more than we shall achieve absolute
justice or liberty for people. In these higher aspirations, the important thing is
not to achieve
but to strive. - Aldo Leopold
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draft response to EPA_ClevelandCounty -mm edit
From: Matthews, Matt
Sent: Wednesday, August 21, 2013 4:25 PM
To: Higgins, Karen
subject: draft response to EPA_ClevelandCounty -mm edit.docx
Attachments: Matt Matthews.vcf; draft response to EPA_ClevelandCounty -mm
edit.docx
see my one edit.
Matt
E -mail correspondence to and from this address may be subject to the North Carolina
Public Records
Law and may be disclosed to third parties.
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