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Home My WebLink About20051457 Ver 1_RE NC waiver of water standards challenged 3.msg_20130830Strickland, Bev From: Kritzer, Jamie Damie.kritzer @ncdenr.gov] Sent: Friday, August 30, 2013 2:21 PM To: Massengale, Susan; Reeder, Tom; Elliot, Drew; Presnell, Lacy Cc: Matthews, Matt; Higgins, Karen; Higgins, Karen Subject: RE: NC waiver of water standards challenged Give me a call. I've gotten a call from Rob Christensen about this one. - - - -- Original Message---- - From: Massengale, Susan 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 1 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 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." N 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, 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.--------------------------------------- - - - - -- This message was sent to Andrew. If you no longer wish to receive email from us, please follow the link below or copy and paste the entire link into your browser. http: / /www.xmr3.com /rm/ 1900335 - 29456100- 2- 55- AV1- B1F5 /aballard @bna.com /HCS99 FC 3