20051457 Ver 1_Re H609v4.pdf.msg_20121010

Strickland, Bev
From:
Reeder, Tom [tom.reeder @ncdenr.gov]
Sent:
Wednesday, October 10, 2012 7:30 AM
To:
Karoly, Cyndi
Cc:
Higgins, Karen
Subject:
Re: H609v4.pdf
Attachments:
SL2011- 374.pdf
Cyndi —This is the Session Law that Butch was referring to. What prompted this e-mail is that Butch called me yesterday and
asked when DWR would sign on as a co- applicant on the 404 Permit for the reservoir on the First Broad per the attachment.
Just let me know if you have any questions. By the way, Karen was very helpful, as always. 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: "Karoly, Cyndi" <cyndi.karoly @ncdenr.gov>
Date: Tue, 9 Oct 2012 16:35:48 -0400
To: Tom Reeder <tom.reeder @ncdenr.gov>
Subject: FW: H609v4.pdf
Tom — do you still have the attachment? It didn't make it through to us. Thank you.
From: Higgins, Karen
Sent: Tuesday, October 09, 2012 3:59 PM
To: Karoly, Cyndi; Matthews, Matt; Mcmillan, Ian
Subject: FW: H609v4.pdf
FYI
From: Reeder, Tom
Sent: Tuesday, October 09, 2012 2:38 PM
To: CCSD Manager
Cc: Smith, Robin; Higgins, Karen; Wakild, Chuck; Peele, Linwood; Ramsey, Dennis R; Spencer, Lee G; Setzer, Britt
Subject: Re: H609v4.pdf
Butch — After we spoke this morning I went and verified what I told you to make sure that it was correct. This is the current
situation regarding your permit application for the reservoir per federal regulations. The Army Corps is the lead agency for
your Environmental Impact Statement (EIS). As the lead agency the Army Corps is responsible for analyzing your EIS and
selecting the Least Environmentally Damaging Practicable Alternative (LEDPA) for your water supply shortfall. What this

means is that based upon all of the information that has been and will be gathered and presented in your EIS document, the
Army Corps will decide which alternative can supply Cleveland County with the water that you need and will also have the
least amount of impact on the environment. The Army Corps will make this decision on their own per the federal regulations.
Once the Army Corps has selected the LEDPA, then DWQ can process and consider a 401 permit for the project that the Army
Corps has selected and then the Army Corps can process a 404 permit for the same project. This is why DWR can not be a co-
applicant on your 404 application at this time because until the Army Corps finishes with the EIS and selects the LEDPA there
really is no active application to consider. The Corps will not consider your application as active until the required EIS
documentation has been completed and they have selected the LEDPA. This is why when I met with you and the board down
in Cleveland County a couple of months ago, I stressed that it was very important for you all to go to Wilmington and meet
with the Colonel and his staff to see if you can influence their determination of the LEDPA. If, for instance, the Army Corps
decides that, based on the info in the EIS, the LEDPA for your future water supply problem is an interconnection then that is
the only alternative that DWQ and the Corps can consider an application for a 401/404 permit. But until the Army Corps make
a LEDPA determination no action or processing can be taken on your permit applications. There is no way around this, that I
know of, because these are all federal regulations under the Clean Water Act. If the Army Corps selects a LEDPA that you do
not agree with, then your only course of action will be a lawsuit in federal court. Again, that is why it is so important to speak
directly with the Army Corps now. I am sorry that I do not have better news for you, and I am also sorry that this is so
confusing. If you want to talk about this in more detail maybe we can speak in person when you come up here on the 23rd.
Again, sorry for the bad news, and just let me know if there is anything I can do. 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: Tue, 9 Oct 2012 09:25:17 -0400
To: Tom Reeder <tom.reeder @ncdenr.gov>
Subject: H609v4.pdf
Tom, have Robin Smith review page two (c)and 17.
Thanks
Butch