20051457 Ver 1_Other Documents_20140109

RCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Resources
Pat McCrory Thomas A. Reeder John E. Skvarla, III
Governor Director Secretary
January 9,2014
Certified Mail
Return Receipt Requested
Cleveland County Water
Attn:Clyde Smith,Manager
439 Casar-Lawndale Road
Lawndale,NC 28090
RE: RECISSION OF WAIVER OF 401 WATER QUALITY CERTIFICATION REQUIREMENT,
Cleveland County Water First Broad River Reservoir
Dear Mr. Smith:
On July 2,2013,the Department of Environment and Natural Resources("DENR"),Division of Water
Resources("DWR"),formerly the Division of Water Quality,notified Cleveland County Water that the
request for a 401 Water Quality Certification was waived consistent with the North Carolina
Administrative Code, in particular 15A NCAC 0211 ,0507.
On August 29,2013,American Rivers filed a petition for a contested case hearing in the Office of
Administrative Hearings challenging the waiver. DENR moved to dismiss the petition. At a hearing held
on December 17,2013,Administrative Law Judge Selina Brooks denied the motion.DENR has
determined that the most appropriate course of action at this time is to withdraw the July 2,2013,notice
of waiver.
DWR hereby informs you that the waiver has been rescinded and the application is pending with DWR.
If you have any questions as it relates to the above application,please feel free to contact Karen Higgins
at DWR.
Sincerely,
i
Thomas A.Reeder
I
I ff
1611 Mail Service Center,Raleigh,North Carolina 27699-1611
Location:512 N.Salisbury St.Raleigh,North Carolina 27604
Phone:[phone] FAX:[phone]
f Internet:www.ncwater.org
An Equal Opportunity\Affirmative Action Employer
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