DEQ-CFW_00001326

DEQ-CFW 00001326

November 9, 2007
Mr. Alan Clark
Department Water Quality
Planning Section
1617 Mail Service Center
Raleigh, North Carolina 27699-1617
Dear Mr. Clark:
I would like to take this opportunity on behalf of the Lower Cape Fear Water & Sewer Authority to
express appreciation for our meeting on October 29, 2007 in Raleigh regarding the Authority's
application for Reclassification of the Cape Fear River.
As you now know the Authority has assumed the lead role in complying with the intent of the
Cooperative Agreement between the Environmental Management Commission, the Division of Water
Resources and the Lumber River Council of Governments to provide a plan of action for a sustainable
water resource for Smithfield Foods, Inc. and others in the region from the current ground water source to
a surface water source.
That plan of action requires a section of the Cape Fear River to be reclassified to WS-IV classification in
which an application was submitted to DWQ in November of 2006. The purpose of our meeting was to
bring to your attention, as Chief of the Planning Section, that in the span of 11 months the Use
Attainability Study has not been conducted by those in your Section.
This is of great disappointment and concern to the Authority, to Smithfield Foods, Inc. and the counties
and municipalities that have provided resolutions of support not only for this application but also for the
submitted Environmental Assessment.
It is difficult for the Authority to understand this delay when three very large municipal systems from
Fayetteville to Wilmington are using the Cape Fear River for water supply every single day.
In an effort to provide coordination in going forward, you indicated that you would provide a schedule of
activities for processing this application. We look forward to receipt of that.
Cordially,
on Betz
Executive Director
Lower Cape Fear Water & Sewer Authority
1107 New Pointe Blvd, Suite 17
Leland, North Carolina 28451
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DEQ-CFW 00001327

Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
November 21, 2007
Mr. Don Betz
Executive Director
Lower Cape Fear Water and Sewer Authority
1107 New Pointe Blvd, Suite 17
Leland, NC 28451
Dear Mr. Betz:
Coleen H. Sullins, Director
Division of Water Quality
Thank you for your letter of November 9, 2007 regarding the Lower Cape Fear Water and Sewer Authority's request
to reclassify a portion of the Cape Fear River to WS-IV.
Please be advised that the Planning Section of the Division of Water Quality is committed to working with you and
your representatives to move the reclassification request forward in a timely manner provided we are available to
ensure that the quality of the water in the river is suitable for drinking water supply purposes.
As noted in our meeting of October 29, 2007, the Division of Water Quality (DWQ) has had concerns regarding the
suitability of water quality monitoring data collected this past year for Use Attainability purposes due to the drought
conditions. We have also had concerns about levels of PFOA in the Cape Fear River as well as elevated levels of
some metals at monitoring stations in the vicinity of the proposed intake. These have been factors in the delay you
referenced in your letter in processing of the WS-IV reclassification. It is noted that theses concerns had been
discussed numerous times between DWQ and representatives of the Authority over the past eleven months.
In follow up to our October 29 meeting, Mr. Jeff Manning of my staff provided an email to Mr. Bill Lane on
November 15, 2007. outlining the possibility of bringing the reclassification request to the Water Quality Committee
of the Environmental Management Commission at its regularly scheduled March 2008 meeting provided certain
conditions were met by Feb 1, 2008. These included:
1. Written approval from DEH that the subject waters are suitable as a public water supply source;
2. Knowledge that review of the EA by any agency has not resulted in movement of removal of the proposed
intake location, and that the proposed project can meet all required conditions cited by agencies reviewing
the EA;
3. A Use Attainability Study (UAS) that shows the subject waters meet the standards and criteria of the
proposed WS-IV classification;
4. Water quality data that adequately shows that the subject waters meet the derived surface water quality
standard for PFOA, which is to be based on SAB's recommendation, and/or acceptable treatment has been
approved by DEH.
We look forward to working with the Authority to help it achieve its water supply goals in an environmentally sound
and timelv manner. Please feel free to contact me if you have any questions.
Sincerely,
Alan R Clark
Chief, Planning Section
cc Coleen Sullins .
Chuck Wakild
Jeff Manning
Elizabeth Kountis None Carolina
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North Carolina Division of Water Quality 1617 Mail Service Center 512 N. Salisbury St. Phone [phone] Customer Service
Internet: h2o.enr.state.nc.us Raleigh, NC 27699-1617 Raleigh, NC 27604 FAX [phone]
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