RE DWR Revisions to Proposed Consent Order
Page 1 From: To: Date: Subject: Attachments:
Cooper,_Kathy "Case,_Charles_D._\([email protected]\)" 9/25/2013 6:27:20 PM RE:_DWR_Revisions_to_Proposed_Consent_Order_ENFORCEMENT_CONFIDENTIAL_&_401_PRIVILEGED_SET TLEMENT_COMMUNICA Proposed_Consent_Order_-_Asheville_Riverbend_-_Post_Comments_REDLINE_Ver__09_25_13.docx Proposed_Consent_Order_-_Asheville_Riverbend_-_Post_Comments_CLEAN_Ver__09_25_13.docx
Charles, After we returned to the office, I had this additional change to paragraphs 39 and 40 from the Asheville Regional Office DWR Staff. The changes were made this morning but I did not see the e-mail until about 30 minutes ago. The changes to paragraphs 40 and 41 were made for purposes of requiring assessment of seeps/surface water features excluded under the former draft language. These changes ‘mirror’ those for the Riverbend (paragraphs 57 & 58) site so requirements are similar between the two facilities. Hopefully this will clear up the miscommunication on the seeps issue. If not, we will call you tomorrow morning. Thanks, Kathy Cooper Kathryn Jones Cooper Special Deputy Attorney General Water and Land Section Environmental Division signature
Post Office Box 629 Raleigh, NC 27602-0629 (919) 716-6600 (main telephone number) (919) 716-6960 (direct dial) (919) 716-6766 (fax) [email protected] From: Cooper, Kathy Sent: Wednesday , September 25, 2013 7:31 A M T o: Case, Charles D. ([email protected]); Hanchey, M att (M [email protected]); Kemp, Daniel ([email protected]); [email protected] Cc: Laton, Don; LeVeaux, A nita; Oliver, Jane; Presnell, Lacy ([email protected]); Osborne, Jay L ([email protected] ) Subject: DWR Revisions to Proposed C onsent Order ENFORCEMENT C O N F IDENTIA L & 401 PRIV ILEGED SETTLEMENT C O M M U N I C A T I O N
Charles, After our site visit yesterday to the Asheville Plant, which included a hike in the wetlands area along the French Broad River, we discussed additional revisions with DWR staff last evening. Based on our discussions last night, I revised the Proposed Consent Order as follows: 1. 2. 3.
No Change to Paragraph 13 a. Opening sentence in Paragraph 40 modified b/c DWR viewed the removed clause limited the scope of the seeps. Footnote to Paragraph 42 e. has been modified.
Redline and Clean versions are attached. The change to Paragraph 40 necessitated a change to the signature page and eliminated the previous last page. Call me at (919) 522-9275 this morning if this change presents a problem for Duke or in you getting the signatures today. Thanks, Kathy Cooper
Kathryn Jones Cooper Special Deputy Attorney General Water and Land Section Environmental Division signature
Post Office Box 629 Raleigh, NC 27602-0629 (919) 716-6600 (main telephone number) (919) 716-6960 (direct dial) (919) 716-6766 (fax) [email protected]
Based on our discussions this evening after the site visit to the Asheville Plant, I have revised the Proposed Consent Order as follows: 1. 2. 3.
No Change to Paragraph 13 a. Opening sentence in Paragraph 40 modified. Footnote to Paragraph 42 e. has been modified.
Redline and Clean versions are attached. Please let me know in the morning (9/25) if these changes are acceptable. If you have any additional changes please send them to me tomorrow morning as well. Thanks, Kathy
4_28_2014
Kathryn Jones Cooper Special Deputy Attorney General Water and Land Section Environmental Division
Page 2
signature
Post Office Box 629 Raleigh, NC 27602-0629 (919) 716-6600 (main telephone number) (919) 716-6960 (direct dial) (919) 716-6766 (fax) [email protected]
4_28_2014
Cooper,_Kathy "Case,_Charles_D._\([email protected]\)" 9/25/2013 6:27:20 PM RE:_DWR_Revisions_to_Proposed_Consent_Order_ENFORCEMENT_CONFIDENTIAL_&_401_PRIVILEGED_SET TLEMENT_COMMUNICA Proposed_Consent_Order_-_Asheville_Riverbend_-_Post_Comments_REDLINE_Ver__09_25_13.docx Proposed_Consent_Order_-_Asheville_Riverbend_-_Post_Comments_CLEAN_Ver__09_25_13.docx
Charles, After we returned to the office, I had this additional change to paragraphs 39 and 40 from the Asheville Regional Office DWR Staff. The changes were made this morning but I did not see the e-mail until about 30 minutes ago. The changes to paragraphs 40 and 41 were made for purposes of requiring assessment of seeps/surface water features excluded under the former draft language. These changes ‘mirror’ those for the Riverbend (paragraphs 57 & 58) site so requirements are similar between the two facilities. Hopefully this will clear up the miscommunication on the seeps issue. If not, we will call you tomorrow morning. Thanks, Kathy Cooper Kathryn Jones Cooper Special Deputy Attorney General Water and Land Section Environmental Division signature
Post Office Box 629 Raleigh, NC 27602-0629 (919) 716-6600 (main telephone number) (919) 716-6960 (direct dial) (919) 716-6766 (fax) [email protected] From: Cooper, Kathy Sent: Wednesday , September 25, 2013 7:31 A M T o: Case, Charles D. ([email protected]); Hanchey, M att (M [email protected]); Kemp, Daniel ([email protected]); [email protected] Cc: Laton, Don; LeVeaux, A nita; Oliver, Jane; Presnell, Lacy ([email protected]); Osborne, Jay L ([email protected] ) Subject: DWR Revisions to Proposed C onsent Order ENFORCEMENT C O N F IDENTIA L & 401 PRIV ILEGED SETTLEMENT C O M M U N I C A T I O N
Charles, After our site visit yesterday to the Asheville Plant, which included a hike in the wetlands area along the French Broad River, we discussed additional revisions with DWR staff last evening. Based on our discussions last night, I revised the Proposed Consent Order as follows: 1. 2. 3.
No Change to Paragraph 13 a. Opening sentence in Paragraph 40 modified b/c DWR viewed the removed clause limited the scope of the seeps. Footnote to Paragraph 42 e. has been modified.
Redline and Clean versions are attached. The change to Paragraph 40 necessitated a change to the signature page and eliminated the previous last page. Call me at (919) 522-9275 this morning if this change presents a problem for Duke or in you getting the signatures today. Thanks, Kathy Cooper
Kathryn Jones Cooper Special Deputy Attorney General Water and Land Section Environmental Division signature
Post Office Box 629 Raleigh, NC 27602-0629 (919) 716-6600 (main telephone number) (919) 716-6960 (direct dial) (919) 716-6766 (fax) [email protected]
Based on our discussions this evening after the site visit to the Asheville Plant, I have revised the Proposed Consent Order as follows: 1. 2. 3.
No Change to Paragraph 13 a. Opening sentence in Paragraph 40 modified. Footnote to Paragraph 42 e. has been modified.
Redline and Clean versions are attached. Please let me know in the morning (9/25) if these changes are acceptable. If you have any additional changes please send them to me tomorrow morning as well. Thanks, Kathy
4_28_2014
Kathryn Jones Cooper Special Deputy Attorney General Water and Land Section Environmental Division
Page 2
signature
Post Office Box 629 Raleigh, NC 27602-0629 (919) 716-6600 (main telephone number) (919) 716-6960 (direct dial) (919) 716-6766 (fax) [email protected]
4_28_2014
