20070812 Ver 1_Meeting Minutes_20040503

W A Tp s f Michael F. Easley, Governor
`O�O RQG William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
C Alan W. Klimek, P. E. Director
3 Division of Water Quality
() Coleen H. Sullins, Deputy Director
Division of Water Quality
May 3, 2004 ► f
MEMO t
TO: Water Quality Issue Advisory Group
FERC permit for Yadkin Project (FERC No. 2197)
FROM: John Domeo- Pf V�r
RE: 401 Water Quality Certification Issues: A Summary
Various generic questions have been raised concerning the 401 Certification process
and FERC relicensing. The following summary describes the major water quality -related issues
for FERC licenses and how they relate to the 401 Water Quality Certification process in NC.
What is a 401 Water Quality Certification?
Section 401 of the Clean Water Act requires states to issue certifications for federally
permits and licenses in order to ensure that water quality standards are met by the project. Most
401 Certifications are issued by the NC Division of Water Quality for Section 404 Permits from
the US Army Corps of Engineers (wetland fill permits). However, FERC licenses also require
401 Certifications. The review of projects for 401 Certification is outlined in 15A NCAC 2H .0500.
Like all state actions, the 401 Certification can be appealed through the NC Office of
Administrative Hearings and the state court system. The conditions of the Certification are
binding on the applicant and enforcement can be either through the FERC Permit or done
separately by the Division of Water Quality as part of our standard compliance/enforcement
process.
What are the major issues with respect to FERC Permits and 401 Certification?
In North Carolina, the Division of Water Quality will focus on the effect of the operation
of the dam on water quality standards rather than the physical existence of the dam when
reviewing applications for 401 Certifications for FERC licenses. Other water quality issues may
need to be addressed in the overall settlement agreement if they are not appropriate to address
in the 401 Certification. Reopener clauses are standard in 401 Certifications in order to ensure
continued compliance. Modeling, upgrade schedules and monitoring can also be conditions of
401 Certifications for FERC permits when they relate to dam operation.
Which issues will DWQ handle in the 401 Certification for the APGI permit?
The following are several major water quality -related issues that have been raised for this
project. The 401 Certification will address the first two issues. Any other water quality -related
issues can be addressed in the settlement process.
1. Low flow and bypass reaches
2. Low dissolved oxygen
3. Eutrophication in High Rock Lake
4. Sedimentation in High Rock Lake
5. Interbasin transfer of water
6. Pollutant (Total Maximum Daily Load — TMDL) allocation for High Rock Lake
can be reached at 919-733-9646 if you have any questions. @I
N. C. Division of Water Quality 1617 Mail Service Center Raleigh, North Carolina 27699-1617 [phone] Customer Service
1-877-623-6748

Yadkin Project
(FERC No. 2197)
Communications Enhanced Three -Stage Relicensing Process
Water Quality Issue Advisory Group Meeting
Tuesday, May 4, 2004
Alcoa Conference Center
Badin, North Carolina
9:00 AM -12:30 PM
Preliminary Agenda
�. Introductions, Review Agenda
s/2. Overview of Yadkin -Pee Dee River Basin Water Quality (NCDWQ staff)
3. Review and Discussion of State 401 Water Quality Certification Program (John Dorney,
NCDENR)
A4. Review and Discussion of Additional Yadkin Project Dissolved Oxygen Data Analysis
(Don Kretchmer, NAI)
Discussion of Additional Water Quality Study Needs in 2004 (IAG)
6. Schedule and Agenda for Next Meeting

imap://john.dorney%40dwq.denr.nemail.net @cros.ncmail.net:143/fe...
Subject: Re: High Rock
From: Darlene Kucken <[e-mail]>
Date: Fri, 16 Apr 2004 10:49:25 -0400
To: Dianne Reid <[e-mail]>, John Dorney <[e-mail]>, Debra Owen
<Debra.Owen @ncmail.net>
John and I met with the APGI folks and the meeting went well and we have a followup meeting
scheduled with Coleen to go over some leagal questions with her.
As for the May 4 meeting - I have not see an agenda yet - but I anticipate they will allow for whatever
time it takes for y'all to get your message across.
For John - They specifically want John to talk about how 401 fits into relicensing, the requirements
and limitiations of requirements, our expectations for APGI meeting WQ standards, what we'll do if they
don't keep to their schedule of anhancements, etc. They'll also want to know why we won't inlcude High
Rock Lake itself in the 401 Certification in terms of making them meet in -lake standards.
For you and Debra - a review of the lakes program would be good, our history of sampling in H.R.,
latest findings, map of sampling locations, how use support was decided for this lake (I can chime in
here too if you want), anything we know about watershed inputs (We want to be carefeul about not
noting the lake would be in worse shape if there was less sediment!), specifically addressing what you
can of Larry's comments, etc.
Normandeau will also be presenting some preliminary data to the group and this may help back up,
support what you're talking about.
Thanks to all of you for agreeing to be there for this.
Dianne Reid wrote:
How did your meeting go with the High Rock folks? Do you have any guidance for us on the way we
should develop our presentation for the May 4 meeting? Thanks Dianne
Dianne Reid v (919) '73:3-6510
NC DENR;/Division of Water Quality f [phone]
Intensive Survey unit mailto:[e-mail]
1621 Mail Service Center http://www.esb.enr.state.nc.us/
Raleigh, NC 27699-1621
A rock pile ceases to be a rock pile the moment a Single man contemplates it,
bearing within him the image of a cathedral. From: "Flight to Arras" by Antoine
de Sa.il.it-.E:xupe:r.,y
1 of 1 5/3/04 1:24 PM

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D. RANDALL BENN
LEB0EUF, LAMB. GREENE & MACRAE
L.L.P.
1875 CONNECTICUT AVENUE, N.W. (2021986-8047
SUITE 1200 FAX: [phone]
WASHINGTON, DC 20009-5728 EMAIL: [e-mail]

Gene Ellis
Environmental & Natural
Resources Manager
O Alcoa Primary Metals
Alcoa Power Generating Inc.
ALCOA Yadkin & Tapoco Divisions
PO Box 576
Badin, NC 28009-0576 USA
Tel: [phone]
Rei9e •�"89G�489�'hi�l
Fax: [phone]
[e-mail]

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