20051457 Ver 1_draft response Cleveland County Water First Broad Reservoir 401 Cert#05-1457).msg_20130821

Strickland, Bev
From: Higgins, Karen [karen.higgins @ncdenr.gov]
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 Cent. (DWQ #05 -1457)
Attachments: image001.jpg; 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 A Water Quality Programs
1650 Mail Service Center, Raleigh, NC 27699 -1650
Phone: [phone]
Email: karen.higgins @ncdenr.gov
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. ov]
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 July 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anticipated or if the project plans change the waiver is no longer valid.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
bowers.fodd @epa.gov
www.epa._ oq v /region4 /wafer /weflands
"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 fo achieve but fo strive. - Aldo Leopold

I
InFrorerel
Thanks for your questions regarding the Cleveland County Water First Broad River Reservoir
Project.
The state decided that there was no value added by our involvement in the unique
circumstances with this project and that we should let the applicant and the Corps settle the
process. Our expectation is that the applicant will not get the 404 unless they get it in court.
We are aware that the applicant is still undergoing the NEPA process and has not finished a
draft EIS.
As you indicated, our July 2nd letter states that if additional impacts are anticipated or the
project plans change, the waiver is no longer valid. This is standard language included in any
waiver letter. The state does not believe that this locks the applicant in choosing the
alternative that was applied for in the 401 certification; that decision is made through the NEPA
process and determining the least environmentally damaging practical alternative (LEDPA). If a
different alternative is selected by the applicant, they will need to apply for a 401 certification.
Please let me know if you have any additional questions.
Thanks-
Karen