20051457 Ver 1_Other Documents_20130820

Summary of Tom feeder's interview with Bruce Henderson concerning the Cleveland Co. reservoir 401
certification
Bruce (B) — Why was this waived?
Tom(T) — We look at these projects on a case -by -case basis, and make decisions based on the site
specific merits of the case. Cleveland Co. started this in the late 1990's, the 2002 drought really spurred
the initiation of the process. Since 2005 the county has spent approx. $1.5 million and is still inb the
process of looking at other alternatives with the Corps. The county will probably spend another $ 0.5 —1
million to finish the process. If the 404 isn't granted, Cleveland Co. will likely sue the Corps. The state
decided that there was no value added by our getting involved in these unique circumstances and that
we should let the county and the Corps settle this. It will either get settled in the process or in court.
Bottom line — no added value to the state, the Corps or the environment by us being in the middle. We
have not been a stranger to the process; we don't need to be in the middle.
B — Isn't that the point of the 401 Certification?
T — In the 401/404 process the Corps is there to protect the waters of the U.S. The 401 allows the state
the opportunity to put additional requirements. Based on our knowledge, years of watching the process,
our expectations are that the county won't get the 404 unless they get it in court. EPA is against the
project.
B — It seems that the state cut itself out of the process based on a pre - ordained conclusion and thereby
eliminated the opportunity for public input.
T —This is an unorthodox situation — both the situation and the response. An unprecedented situation
resulted in an unprecedented response.
B — Contrast Alcoa. Also an unusual situation. Why take so long there but only 60 days for Cleveland Co.?
T— Well, we've worked with Cleveland Co. since 2005. (Describes the long Alcoa process including
issuances and revocations) —that supports the case that each situation is unique and must be evaluated
on its own merits.
B — Did politics intrude on this process? Does the state want to make it easier to build reservoirs?
T —We have a long history with the project. (Asks if Bruce has seen the correspondence with the Corps.
He had.)
(Discussion of HB 609 and its encouraging the state to expedite certain permits. Tom said it doesn't
apply here because we have been involved since the beginning, worked on alternatives analysis with
"them" and both agreed on the direction of the project. I didn't note who "them" are (county or Corps)
and don't remember.)
B — Mentioned the Butch Smith is on the EMC.

T — Would have made the same decision regardless. Butch and I know each other. May have been in the
back of my mind but the decision was based on not wanting to further burden Cleveland Co.
B — Relaxation of environmental standards?
T—Not why |recommended it. Didn't want to waste taxpayer money.
That was the end of the discussion.