20051457 Ver 1_Re reservoir question.msg_20120509

Strickland, Bev
From: Reeder, Tom [tom.reeder @ncdenr.gov]
Sent: Wednesday, May 09, 2012 4:01 PM
To: Jeff Warren (President Pro Tem's Office); Jeffrey Hudson
Cc: Robin Smith; Wakild, Chuck; Kari Barsness; Karoly, Cyndi
Subject: Re: reservoir question
Jeff— I would agree with Jeff H's answer. To our knowledge the GA has never directed DENR to issue a 401. One thing to
remember is that a 401 is basically a State certification that allows a project to proceed provided that the project complies
with a set of conditions in the 401 certification that will ensure the protection of State water quality standards. So, a 401
Certification is much more than a yes or no decision. It is a decision that allows a project to move forward provided that a
number of conditions to protect State water quality standards are complied with. If the GA did mandate the issuance of a 401
certification, I think that there is a good probability that this action would have the unintended consequence of directly
bringing EPA into the process to heavily scrutinize the project and also become directly involved with the federal 404
permitting decision. This would, in all likelihood, be counter - productive to the intent of moving the project forward and
would exacerbate the situation with federal regulatory authorities associated with the proposed project.
If this is about Cleveland County, I wanted to mention to you that I went down to Cleveland County and met with Butch Smith
and his water board in March. After listening to their concerns I advised them that, in my mind, the only chance that they had
to get this project permitted by the Army Corps was to convince Colonel Baker and his staff in Wilmington of the necessity of
the reservoir and the fact that the other proposed alternatives would not be suitable. To this end, I communicated with
Colonel Baker and he said that he would be happy to meet with the Cleveland County folks and hear them out. They haven't
met with the Colonel yet, but are planning to. Just so you know, I still believe what I told the County in March in that they
need to convince the Colonel. I advised Butch Smith today at an EMC Committee meeting that they should be concentrating
and putting their efforts into that end.
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: "Jeff Warren (President Pro Tem's Office)" <Jeff.Warren @ncleg.net>
Date: Wed, 9 May 2012 15:31:54 -0400
To: Jeffrey Hudson <Jeffrey.Hudson @ncleg.net>
Cc: Tom Reeder <tom.reeder @ncdenr.gov>
Subject: RE: reservoir question
I tend to agree with you, Jeff. I promised to at least ask the question.

-j eff
Jeffrey D. Warren, PhD
61-3,04TAIM4 11129TTIM11310T,
Environment, Energy, Regulatory Affairs
Office of the President Pro Tempore
North Carolina Senate
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From: Jeffrey Hudson (Research)
Sent: Wednesday, May 09, 2012 03:31 PM
To: Jeff Warren (President Pro Tern's Office)
Cc: 'tom.reeder(d)ncdenr.aov'
Subject: RE: reservoir question
Jeff,
I've done several searches of our computerized legislative records and haven't found any evidence of a legislative directive on
the issuance of a 401 permit. Tom and his staff would probably have direct experience with implementing such legislation if it
had been enacted.
I'm not sure that such an act at the State level would really address the underlying issue, which is federal /Corps approval of
the project. In fact, this kind of action at the State level (a legislative directive that takes a permitting decision away from the
agency experts) might prejudice the feds against the project. Tom and his folks might have a better feel for this as well.
Jeff
From: Jeff Warren (President Pro Tern's Office)
Sent: Wednesday, May 09, 2012 2:52 PM
To: tom.reeder@)ncdenr.aov; Jeffrey Hudson (Research)
Subject: reservoir question
Tom and Jeff,
Has GA ever directed DWQ/DWR to move forward with the 401 permitting process on a specific project? Is it feasible and are
there any potential federal issues with a directive such as this?
-j eff
Jeffrey D. Warren, PhD

Senior Policy Advisor
Environment, Energy, Regulatory Affairs
Office of the President Pro Tempore
North Carolina Senate
Legislative Building room 1408B
(919) 301 -2008