19910326 Ver 1_Fax_19940504

STATE OF NORT11 CAROLINA
epart. rnt of SusticA
Consumer Protection
P.O. Box 629
Raleigh, N.C. 27602
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05"03-'9-1 17: 20
'S804 782 2130 HcKmp
MCSwE2NEY, BURTCH & CRUMP
PATRICK M. M09WCCNFY
JACK W. 6URTCH, JR.
©EVERLCY L.CIIUMP
WILLIAM S. ELLI]
RIC?IARD K. SENNETT
JSICPMCN T.OANNAN
oOUOLA5 M. PALAIE
DAVID O. AVTY
9CTTY 7. WOMMACK
JOHN D. OWNCILL, is.
Phillip Allen, Esquire
Office of the Attorney General
State of North Carolina
Post Office Box 629
Raleigh. NC 27602-0629
A IOROrNCasIORAL C.OPPOMATION
AYYOPINEYRi AT LAW
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T£LCPHONL (001) y03-0800
TELXFAX (GO4) 78Z-Y1-10
May 3, 1994
Re: Gag n Flptline Protect
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MICHACL P. XCaAK
KAREN S. ELLIOTT
THOMAS E. KNAUER
THAMER C.t:MVLC m
CLAIRC OICK19 ROFUSYTH
SHAWN URELIvS JORDANOER
iUSICA K. MARTIN
01RCOT DIAL POW40CR:
[phone]
It has occurred to Bill Ellis and me that it might be useful to have any information the
relevant North Carolina ageneles have on the following Issues:
1. Has a discharge permit of any ldnd (L&, before or after 1974; covering dam
releases, domestic waste or waste from floor drains or backwashing) ever been
issued for either of the VPPCO dams on the Roanoke River (L,L, Roanoke
Rapids and Gaston)?
2. Does North Carolina have an anti-degradation provision in its P-PA-approved
water quality standards?
3. Does North Carolina have an explicit anti-backslidutg provision covering
discharge perinits?
As you have already found that No. 401 certification has been made by the State with
respect to these two darns, it is doubtful that a discharge permit has been issued to either under the
Clean Water Act. This information will be helpful to us as we. prepare to go forward with the 401
certification issue against VEPCO and Virginia Beach.
'Bill and I loot: forward to seeing you Thursday.
M. McSweeney
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