20051457 Ver 1_Re NC waiver of water standards challenged.msg_20130904

Strickland, Bev
From: Reeder, Tom [tom.reeder @ncdenr.gov]
Sent: Wednesday, September 04, 2013 8:18 AM
To: Higgins, Karen; Karoly, Cyndi; Matthews, Matt
Subject: Re: NC waiver of water standards challenged
I still don't see how they can sue us over not making a decision.
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.
On 9/3/13 1:35 PM, "Higgins, Karen" <karen.higgins @ncdenr.gov> wrote:
>Just a FYI - I spoke to Kathy Cooper today and this case will be
>assigned to Anita LeVeaux (once we officially get the petition). I
>plan to meet with them briefly this week just to get Anita started.
>Thanks -
>Karen
>Karen Higgins
>Wetlands, Buffers, Streams - Compliance & Permitting Unit NCDENR -
>Division of Water Resources - 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.
>----- Original Message -----
>From: Massengale, Susan
>Sent: Friday, August 30, 2013 2:20 PM
>To: Reeder, Tom; Elliot, Drew; Presnell, Lacy
1

>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 [phone]
>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
>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
N

>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.
3

> "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 76bsis, 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/
>HCS
>99FC
4