DEQ-CFW_00070170

D2/IF_ T
EMC MEETING November 13, 2008
Request to Adopt the Hearing Officer's Recommendation on the Proposed
Reclassification of a Cape Fear River Segment in Bladen and Cumberland Counties
(Cape Fear River Basin) to Class Water Supply IV (WS-IV) and WS-IV CA
(Critical Area)
1 �' k
Good Morning Mr. Chairman and members of the Commission. I am Edf'mt—,Sm4ace
. In March 2008 and
May 2008, the Water Quality Committee and the Commission, respectively, approved the
request to proceed with rule -making for the proposed Water Supply Four Critical Area
and Protected Area reclassification of a Cape Fear River segment in Bladen and
Cumberland Counties within the Cape Fear River Basin.
In 2006, the Lower Cape Fear Water and Sewer _Authority staff requested the proposed
reclassification in order to allow for construction of a potable water supply intake.
Initially, the new intake will provide a potable water supply for the Smithfield Packing
Company. In the future, the intake will provide a source of potable water for potentially
several southern coastal plain municipalities. In October 2004, the EMC, the Division of
Water Resources, and the Lumber River Council of Governments entered into a
cooperative agreement to assure this area's groundwater resources are monitored and "a
regional plan for long-range, sustainable water supply sources is developed" that would
include Smithfield's participation and investigation of additional water sources, including
surface water sources. A regional plan was developed, the Authority was formed to
include representation of several municipalities and interests, and this proposed
reclassification is an outgrowth of that plan.
DEQ-CFW 00070170

The Division of Water Resources and the Division of Environmental Health
Public Water Supply Section do not object to the proposed reclassification.
According to 2007 DWQ studies, the subject waters meet water supply water standards
and criteria for the WS-IV designation
If these waters are reclassified, restrictions for new development and new or expanded
wastewater discharges will apply in the proposed water supply watershed. There are
several animal operations and one NPDES wastewater discharger, Dupont Fayetteville
Works, in the proposed water supply watershed that will likely not be impacted by
current regulations associated with this reclassification. In addition, there are not any
known planned dischargers and developments in the proposed area that would likely be
affected by the proposed reclassification.
The local governments with jurisdiction in these areas, namely Bladen County and
Cumberland County, support and do not object to the proposed water supply
reclassification, respectively. Within 270 days after the reclassification effective date,
these governments would need to modify their water supply watershed protection
ordinances.
On August 14, 2008, Division staff and t conducted a public hearing in Dublin, North
Carolina. The purpose of the hearing was to receive public comments on the above-
DEQ-CFW 00070171

mentioned proposed reclassification. Of the approximately 28 people who attended the
hearing, 10 people spoke: seven of the speakers made comments undoubtedly in favor of
the proposal, and the remaining speakers did not clearly state that they were for or against
the reclassification.
During the comment period, six letters were received. Three of the letters were in favor
of the proposal whereas the remaining three letters did not state a stance on the
reclassification. The Report of Proceedings, which was sent to each EMC member prior
to today's meeting, includes further details on this proposed reclassification.
Based on consideration of the comments and available data, staff =&+recommend that
the proposed reclassification of Cape Fear River, as described in the agenda item and the
report on these proceedings, be approved. If reclassified, the proposed effective date is
estimated to be January 1, 2009.
DEQ-CFW 00070172