20051457 Ver 1_Re follow up questions.msg_20130919

Strickland, Bev
From: Reeder, Tom [tom.reeder @ncdenr.gov]
Sent: Thursday, September 19, 2013 4:40 PM
To: Frank Tursi
Cc: Elliot, Drew; Kritzer, Jamie; Sarah Young
Subject: Re: follow up questions
Attachments: image003.png-, image004.png-, image005.png-, ncflagsmall[21].png
Frank *That's a fair question. Although the development of the fracking rules are under the purview of DEMLR and not
DWR, my current understanding is that the comprehensive rules package that will allow fracking in NC will require the
permittee (the individual conducting the fracking operation) to develop baseline ground water quality data in the area where
their fracking is to be conducted, before they are allowed to commence their operations. So that serves to further illustrate
my point that these grants were not needed for the Division to be able to perform its core mission. Just let me know if you
need anything else. 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: Frank Tursi <frankt @nccoast.org>
Date: Thursday, September 19, 2013 2:18 PM
To: Tom Reeder <tom.reeder @ncdenr.gov>
Subject: RE: follow up questions
Thanks again. Tom.
You didn t however directly address the third question: Is establishing baseline water - quality data in possible fracking
areas not part of the division *s core mission of monitoring water quality? Will the state do this anywayjust without
federal help?
From: Reeder, Tom [mai Ito: tom. reederCa)ncdenr.Qov]
Sent: Thursday, September 19, 2013 12:49 PM
To: Frank Tursi
Cc: Elliot, Drew; Kritzer, Jamie; Massengale, Susan; Young, Sarah; Gillespie, Mitch
Subject: Re: follow up questions
Frank A The most succinct way to answer your questions is this. Secretary Skvarla has emphasized on numerous occasions
since he arrived at DENR that the Department will diligently comply with both the letter and spirit of all federal and State laws,
regulations, and mandates that are Divisions are tasked to implement. In the case of DWR, that definitely includes the
continued, comprehensive protection of wetlands and the maintenance of a fully functional 401 certification program. I can
say without a doubt, that the State of North Carolina did not need to accept and execute either of the federal grants that we

recently returned to EPA in order to continue to execute the 401 Certification program or to continue to adequately protect
wetlands within the State. That is why the grants were returned. They were not needed for the Division to perform its
missions under State and federal mandates. Regarding your question in #2, 1 am confused why people assume that waiving
the 401 Certification for the proposed Cleveland County reservoir was somehow not protective of the environment when the
Corps of Engineers has already stated, in writing, that it is not inclined to issue a 404 Permit for this activity. To me this is
simply an efficient and judicious use of the State's limited resources. By waiving this certification, the Department is able to
have its wetlands and 401 experts out in the field, delineating and protecting wetlands and waters of the State, instead of
attending lengthy meetings for a proposed reservoir that the Army Corps has already said it is not going to permit.
Just let me know if you need anything else, Frank. I am always happy to respond to your inquiries and any other from the
Coastal Federation. 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: Frank Tursi <frankt @nccoast.org>
Date: Thursday, September 19, 2013 12:15 PM
To: Tom Reeder <tom.reeder @ncdenr.gov>
Subject: follow up questions
Tom,
Thanks for returning my call yesterday. After thinking about what you said and in light of some new info, I have a few
follow -up questions that I hope you *II address:
1. You noted that the division was going to concentrate on it *core mission,* which you defined as meeting the
mandates of state and federal laws. Does not wetland protection fall under that definition since it *s a
requirement of the federal Clean Water Act? In looking at the descriptions of the numerous Wetlands Program
Development Grants that state has received over the years, it seems that much the grant work allowed DWQ to
meet its obligations under federal law, such as establishing permit wetland monitoring requirements and
delineations and 401 certification methodologies.
2. Is 401 certification part of the *core mission *? The waiving of the certification in the Cleveland County
project would suggest it is not.
3. When we talked, I didn *t know that one of the grants was to establish baseline water - quality data in possible
fracking areas. Is monitoring water quality not part of the division *s *core mission *?
Thanks again for your time.
Frank

Frank Tursi, editor, Coastal Review Online
N.C. Coastal Federation
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