20051457 Ver 1_FW Dear Tom continuing on the EIS LEDPA with the COE we need the assistant of HB 609.msg_20121016

Strickland, Bev
From:
Reeder, Tom [tom.reeder @ncdenr.gov]
Sent:
Tuesday, October 16, 2012 8:47 AM
To:
Robin Smith
Subject:
FW: Dear Tom, continuing on the EIS & LEDPA with the COE we need the assistant of HB 609
Attachments:
DWR REQUESTED OPINION HB 609.doc
Robin — Fyi. From Cleveland County. Thanks.
Tom Reeder
Director, NC Division of Water Resources
Phone: 919 - 707 -9027
email: tom.reeder @ncdenr.gov
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: CCSD Manager <manager @ccsdwater.com>
Reply -To: CCSD Manager <manager @ccsdwater.com>
Date: Fri, 12 Oct 2012 11:01:51 -0400
To: Tom Reeder <tom.reeder @ncdenr.gov>
Subject: Dear Tom, continuing on the EIS & LEDPA with the COE we need the assistant of HB 609
Tom, Water is a way of life, that's why it some important for this regional to have reliable adequate water supply.
Once again thanks for you endeavor.
Butch

Dear Tom, continuing on the EIS & LEDPA with the COE we need the
assistant of HB 609.There are issues need to be resolved, prior HB 609 there
was no regulation to release flows except in stream flow habitat.
One issue the COE is looking toward a Regional Water Supply Planning
Organization as defined in 143- 355.8. Robin Smith head of all of the
environmental divisions in DENR attorney feels that it would be easy
enough for Cleveland County to become a Regional Water Supply Planning
Organization, and that could be accomplished simply by forming a joint
water planning organization with Lincoln County or some other entity.
Another J1f3-322 Y Wffti an-bbl1k gcAG1obursvl: 2I3Is -J0c9J coobsr UflO •
Maintain downstream flows necessary to protect downstream users.
Do not have significant adverse impacts on other water withdrawals or
wastewater discharges.
These changes will make a huge difference.
Conclusion
Everything reviewed says that the 401 must be issued before the 404 can be
issued, or the 401 must be waived before the 404 can be issued. However, as
stated in CFR 325.5, the issuing agency of the certification (i.e. DWQ in
NC), does not have unlimited time to make a decision about issuing the 401.
The time frame is negotiable between the COE and DWQ. If DWQ does not
issue the 401 within the time allotted, then the COE assumes that they have
waived their right to issue a 401.
Usually, DWQ will request additional information.
I do not think DWQ WAIVED their right to issue a 401.
We have not completed an application for the reservoir and filed it with
DWQ. We have filed a Pre Construction Application with the COE
Tom, thanks for all your help, do I need to direct these question with other
agencies.
If possible would like to meet on the 23 of this month. Enjoy the week end.
Butch
On after thought with the election around the corner we can address this in
November.