20051457 Ver 1_RE Cleveland County Water First Broad Reservoir 401 Cert#05-1457)_20130820

RE Cleveland County Water First Broad Reservoir 401 Cert #05 -1457)
From: Matthews, Matt
Sent: Tuesday, August 20, 2013 4:16 PM
To: Higgins, Karen; Karoly, Cyndi
Cc: Reeder, Tom; Massengale, Susan
subject: RE: Cleveland County water First Broad Reservoir 401 Cert. (DWQ #05 -
1457)
Attachments: Matt Matthews.vcf
We need to run this by Susan and Tom as well.
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: Higgins, Karen
sent: Tuesday, August 20, 2013 3:39 PM
To: Karoly, Cyndi; Matthews, Matt
subject: FW: Cleveland County Water First Broad Reservoir 401 Cert. (DWQ #05 -1457)
FYI - I'll draft a response and run it by you both before sending it.
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
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RE Cleveland County Water First Broad Reservoir 401 Cert #05 -1457)
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
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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