HomeMy WebLinkAbout20051457 Ver 1_FW NC waiver of water standards challenged.msg_20130830Strickland, Bev
From: Massengale, Susan [susan.massengale @ncdenr.gov]
Sent: Friday, August 30, 2013 2:20 PM
To: Reeder, Tom; Elliot, Drew; Presnell, Lacy
Cc: Matthews, Matt; Higgins, Karen; Higgins, Karen; Kritzer, Jamie
Subject: FW: NC waiver of water standards challenged
I hadn't been aware that this had happened until I got this email. Told the reporter I would
get back to him if I had a comment. Not sure what I can say about this at this legal
juncture. Guidance appreciated.
Susan Massengale
Public Information Officer
DENR- Division of Water Resources
1617 MSC, Raleigh, NC 27699 -1617
(919) 807 -6359; fax (919) 807 -6492
susan.massengale @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.
- - - -- Original Message---- -
From: Ballard, Andrew [mailto:aballard @bna.com]
Sent: Friday, August 30, 2013 1:35 PM
To: Massengale, Susan
Subject: FW: NC waiver of water standards challenged
Hi Susan- Happy Friday!
I was wondering if you all had any comment or statement on this announcement by SELC that it
was challenging the permit waiver for the John Cline Reservoir.
Thanks for your time and efforts!
Andrew
- - - -- Original Message---- -
From: Kathleen Sullivan [mailto:ksullivan @selcnc.org]
Sent: Friday, August 30, 2013 12:24 PM
To: Ballard, Andrew
Subject: NC waiver of water standards challenged
The Southern Environmental Law Center filed an appeal challenging the N.C.
Department of the Environment and Natural Resources' unprecedented waiver of its
responsibility to uphold water quality protections that allows an unneeded reservoir with
powerful political supporters to move forward. More details are in the release below. If
you're interested in talking with the attorneys, please let me know.
Best,
Kathleen
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Kathleen Sullivan I Sr. Communications Manager I Southern Environmental Law Center I T:
919.945.7106 1 E: ksullivan @selcnc.org I Office: 919.967.1450 1 www.southernenvironment.org
Press Release from the Southern Environmental Law Center
For Immediate Release: August 30, 2013
Contacts:
Kathleen Sullivan, SELC, 919 - 945 -7106 or ksullivan @selcnc.org
Unprecedented North Carolina Waiver of Water Quality Protections
Challenged:
Unneeded Reservoir Linked to Politicians, Real Estate Speculation
CHAPEL HILL, N.C.- On behalf of American Rivers, the Southern Environmental Law Center
challenged the North Carolina Department of the Environment and Natural Resources'
unprecedented waiver of its responsibility to uphold water quality protections that allows an
unneeded reservoir with powerful political supporters to move forward. In violation of the
law, the agency gave the waiver for the John Cline Reservoir in Cleveland County, N.C.,
without any public notice or hearing in response to an incomplete application by the county
and without required coordination with federal agencies.
"In an unprecedented move following political pressure, DENR abdicated its responsibility to
uphold water quality protections for the people of North Carolina," said D.J. Gerken, senior
attorney at the Southern Environmental Law Center. "DENR waived its review of an incomplete
application for an unneeded reservoir with no public notice. The county's own consultants for
the project found that, even in the worst drought conditions, its water needs could be met
with existing supplies and less harm to water quality."
Studies commissioned by the county repeatedly identified multiple, practical alternatives to
meet projected needs with less harm to the environment and taxpayer expense, including an
offer by the Town of Forest City, N.C., to supply water if needed.
In response, State Representative Michael Hager threatened the Forest City city council in
March 2013 with legislation to prohibit nearby water districts from selling water to
Cleveland County. Representative Hager reported receiving income in excess of $5000 from a
real estate investment venture, John Cline Res. LLC, that is poised to profit from lakefront
real estate development if the reservoir is constructed. The company purchased property along
the future lakefront of the reservoir.
Appointed by Speaker of the House Tom Tillis to the state commission that oversees state
water quality permits and certifications, Clyde "Butch"
Smith, General Manager of Cleveland County Water - -the applicant -- lobbied legislators and
legislative staff on behalf of the project, assuring them that "As you can see we are working
hard to get the reservoir. David I have been appointed to the N.C. Environmental Management
Commission."
In an August 2012 email to a legislative staffer, Mr. Smith stated, "[w]e feel like this
election in November [2012] N.C. is going Republican and if that's the case we will get the
401 permit."
The proposed John Cline Reservoir would flood approximately 24 miles of North Carolina's
First Broad River, streams, wetlands, and 1,200 acres of forest and agricultural land.
"If this dam is built it will mean losing more than twenty miles of the river and tributary
streams - by far too high a price to pay for a reservoir that simply isn't needed." said
Gerrit Jobsis, southeast regional director for American Rivers. "By punting this decision,
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the Department of the Environment and Natural Resources has shirked its duty to the citizens
of North Carolina to protect the First Broad, its recreational uses and rich ecosystem."
The Southern Environmental Law Center filed an administrative appeal of DENR's waiver with
the state Office of Administrative Hearings.
About the Southern Environmental Law Center The Southern Environmental Law Center is a
regional nonprofit using the power of the law to protect the health and environment of the
Southeast (Virginia, Tennessee, North and South Carolina, Georgia, and Alabama). Founded in
1986, SELC's team of almost 60 legal and policy experts represent more than 100 partner
groups on issues of climate change and energy, air and water quality, forests, the coast and
wetlands, transportation, and land use.
WEB: www.SouthernEnvironment.org
About American Rivers
American Rivers is the leading organization working to protect and restore the nation's
rivers and streams. Rivers connect us to each other, nature, and future generations. Since
1973, American Rivers has fought to preserve these connections, helping protect and restore
more than 150,000 miles of rivers through advocacy efforts, on- the - ground projects, and the
annual release of America's Most Endangered Rivers°. Headquartered in Washington, DC,
American Rivers has offices across the country and more than 100,000 supporters, members, and
volunteers nationwide. Visit www.AmericanRivers.org, www.facebook.com /americanrivers and
www. twitter. com / americanrivers.--------------------------------------- - - - - --
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