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HomeMy WebLinkAbout20070812 Ver 1_Fax Salisbury Mitigation Comments_20070718Cite of Salisbury 7/18/2007 3:40 PAGE 001/006 Fax Server ~ ~"~G ~. ~ ~ City of Salisbury 1Vorth Carolina July 18, 2Q47 VIA U S MA1L AND FACSIMILE TO (919) 733-b893 Mr. John Dorney Division of Water Quality Wetlands and Stormwater branch 2321 Crabtree Boulevazd Raleigh, NC 27604 Re: Water Quality Certification Conditions to Mitigate High Rock Reservoir and Dam Impacts DWQ Project Number 2007-0812 (Alcoa's Yadkin Hydroelectric Project} Dear Mr. Dorney: The City of Salisbury appreciates this opportunity to comment on the application filed with the Division of Water Quality ("DWQ") by Alcoa Power Generating, Inc. for a Clean Water Act Section 401 Water Quality Certification for a requested Federal Energy Regulatory Commission license for the Yadkin Hydroelectric Pmject ("Yadkin Project" or "Project"). As discussed below, Salisbury requests that DWQ condition any certification for the Yadkin Project on (1) implementation of mitigation of the sedimentation and flooding effects of the Project on Salisbury's water and water-quality infrastructure and {2} implementation of a data collection and sharing program, as discussed below. PROJECT'S ADVERSE EFFECTS TO BE MITIGATED BY CERTIFICATION CONDITIONS Sedimentation and Flooding Effects. High Rock Dam and Reservoir, the first and largest of a series of four unpoundments on the Yadkin River that comprise the Yadkin Project, stop the river's natural transport of coarser sediment downstream. High Rock Dam and Reservoir create and continue to grow a sediment delta that is currently up to about 14 feet thick and currently consists of about 45 million cubic yards of sediment that covers several miles of river channel and floodplain The formation of a sediment delta is chazacteristic of impoundments in general and is especially prominent at High Rock Reservoir. The obvious effects of creating a massive sediment delta within a river channel and floodplam are sedimentation and upstream flooding. The High Rock Dam and Sediment Delta cause the accumulation of sediment at 217 S. Main St. P.O. Box 479 Salisbury, N.C.. 28145 Phone: (704) 638-228 Fax: (704) 638-8499 JUL-18-2DD7 WED 15:37 TEL:9197336893 NAME:DWQ-WETLANDS P. 1 City of Salisbury 7/18/2007 3:40 PAGE 002/006 Fax Server Salisbury's intakes and the dramatic increase in the severity of flooding at our water pump station and wastewater treatment plant. Salisbury has obtained the assistance of nationally- recognized experts to conduct appropriate studies of these effects because Alcoa refused to do so. The resulting body of scientific and technical work on the subject has been made available to DWQ, FERC, and the public. The Yadkin Project will continue to cause sedimentation and flood impacts on the Yadkin River and the Yadkin River floodplain, including the eventual destruction of Salisbury's critical water and wastewater infrastructure unless appropriate mitigation measures are implemented. However, Alcoa's application for a water quality certification does not propose mitigation for the Project's flood and sedimentation effects. Inadequate Data Collection and Sharing. In addition, the Project substantially alters virtually every significant function of the Yadkin River in the vicinity of Salisbury's water and wastewater infrastructure. Availability of data regazding the Project's operations is essential to our water and wastewater operations. Salisbury has experienced extraordinary difficulty in obtaining from Alcoa needed data. Alcoa's application does not include adequate data collection and sharing. Documentation of Effects. Salisbury understands that DWQ already has the following records that document the Project's sedimentation and flood effects, as well the Project's inadequate data collection and sharing: (1) Motion to Intervene (filed with FERC on June 23, 2006). (2) Request for Additional Studies (filed with FERC on June 23, 2006). (3) Amendment of City of Salisbury's Request for Additional Studies (filed with FERC on July 27, 2006). (4) Slides from a presentation on reservoir sedimentation to DWQ by City of Salisbury on September 14, 2006. (5) City of Salisbury Scoping Comments and Response to Commission Request for Study Results {filed with FERC on February 2b, 2007), including the following exhibits' 1 Numerical Sedimentation Investigation, Yadkin River, North Carolina, Dr. Ronald Co land, Feb 200?. 2 High Rock Dam and Sediment Delta Flooding and Sedimentation Effeets (1927-2058) On Ci of Salisb Critical Infrastructure, Dr. Martin Do te, Feb 2007. 1 Salisbury will be glad to make appropriate arrangements to provide DWQ with copies of the Protected/Cridcal Infrastructure Exhibits to the City of Salisbury Scoping Comments and Response to Commission Request for Study Results {Norfolk Southern Railway bridge drawings; City of Salisbury Pumping Station and intake drawings; and Grant Creek Wastewater Treatment Train drawings). JUL-18-2807 WED 15:38 TEL:9197336893 NAME:DWQ-WETLANDS 8• 8 City of Salisbury 7/18/2007 3:40 PAGE 003/006 Fax Server 3 TECHNICAL REPORT: High Rock Dam and High Rock Lake Sedimentation Flooding Effects as Estimated Using HEC-RAS Modeling, Salisbury-Rowan Utilities (with Hazen and Sa er, Environmental E eers and Scientists , Janua 200b 4A Annual peak flows, Yadkin River near Salisbury, USGS gage number 02121000, 1896 to 1927, from USGS website 4B Computer files for HEC-6T modeling. 4C North Carolina Department of Transportation data 4D Series of aerial photograph collages of the Yadkin River and High Rock Sediment Delta, 1936, 1950, 1960, 1969, 1994, 2002, and 2006. 5 Minutes, Salisbury Water Works Commission, Apri129, 1916. 6 Deed, City of Salisbury pump station tract (1916). Deed Book 142, page 278, Rowan Conn Re is 7 TECHMCALJL,EGAL REPORT: Corrections Needed in Exhibit K to FERC License for Yadkin Project, March 24, 200b (Update of January 2006 Report}, prepared by Salisbury- Rowan Utilities with the assistance of attorney V. Randall Tinsley (Brooks, Pierce, McLendon, H lue & Leonard, LLP ,and attorne Robert Busb . 8 Deed, City of Salisbury's easement over The Point (1916). Deed Book 23, page 187, Davie Coun Re i 9 Technical Report, Mitigation Alternatives to Address Yadkin Project Impacts on Critical Water and Wastewater Infrastructure and Operations, Salisbury-Rowan Utilities, February 2407. 10 Flood Protection Study of Raw Water Pump Station, Salisbury Rowan Utihiries, City of Salisb ,North Carolina, McGill Associates eb 2007 . 11 Evaluation of Relocation of Salisbury Raw Water Facilities For Flood Hazard Mitigation, Willis En 'neers Feb 2007 . 12 Engineering Report, Flood Protection, Grant Creek Wastewater Treatment Train, Pease Associates, Feb 2007. 13 Comments on Alcoa's Draft License Application for FERC Project No. 2197, City of Salisbury, January 4, 2006. NOTE THIS REPORT ATTACHES THE FOLLOWING: 13.1 (same as Exhibit 3 above} TECHNICAL REPORT: High Rock Dam and. High Rock Lake Sedimentation Flooding Effects as Estimated Using HEC-RAS Modeling, Salisbury-Rowan Utilities (with Hazen and Sawyer, Environmental Engineers and Scientists), January 2006; 13.2 City of Salisbury's Proposed Supplement for Alcoa Proposals and Stakeholder Counterproposals {September 2005); 13.3 City of Salisbury TECHNICAL REPORT: Corrections Needed in Exhibit K to FERC License for Yadkin Project (January 2006); 13.4 Sedimentation and Sediment-Flooding Mitigation Options {not separately dated}; and 13.5 Representative examples of Salisbury written corrmients provided to Alcoa (to a ment Alcoa consultation record not aratel dated . 14 Technical Repart, Alcoa Sale of High Rock Sediment Deposits: Increased Project Revenues for Flood Miti tion, Salisb -Rowan Utilities, March 28, 2006. 15 Resume, Dr. Ronald Copeland 16 Ctiuriculum vitae, Dr. Martin Doyle 17 Lctter, from City of Salisbury, City Attorney to Alcoa, asking whether Federal Power Commission royal is re aired for intake ro'ect S ember 14, 1968 . 18 Easement, Alcoa -City of Salisbury (1969), Deed Book 541, page 398, Rowan County Re is JUL-18-2007 WED 15:38 TEL:9197336893 NAME:DWQ-WETLANDS P. 3 City of Salisbury 7/18/2007 3:40 PAGE 004/006 Fax Server (6) (7) {8) (9) 19 Deed, Salisbury Pipeline Tract 1, Deed Book 651, page 86, Rowan County Registry. 20 Deed, Salisbury Pipeline Tract 2, Deed Book 651, page 87, Rowan County Registry. 21 Deed, pipeline easement for Salisbury, Deed Book 331, page 97, Rowan County Registry. 22 Agreement, Alcoa -City of Salisbury (1927), Deed Book 199, page 43, Rowan County Re 's Revision of Scoping Comments (filed with FERC on May 8, 2007). Ciry of Salisbury, North Carolina Recommendations and Comments (filed with FERC on May 14, 2007), including the following exhibits: (i) Large Flood Relief Channel, Dr. Ronald Copeland, Mobile Boundary Hydraulics, PLLC (May 10, 2007) ' (ii) Memorandum from City Clerk to City Manager regarding 1969 Yadkin, Inc. Document {May 1, 2007). (iii) Mobile Boundary Hydraulics, PLLC Response to Consolidated Answer of Alcoa Power Generating, Inc. (May 8, 2007}. (iv} Dr. Martin Doyle, UNC Chapel Hill, Response to APGI Comments (May 8, 2007). City of Salisbury, North Carolina Recommendations and Comments Correction (filed with FERC on June 6, 2007). City of Salisbury, North Carolina Continents on Settlement Agreement (filed with FERC on June 6, 2007). As requested by DWQ staff, we are not enclosing an additional set of the records listed above, but will be glad to do so if that will assist DWQ in this matter. We also note that the Department of Environment and Natural Resources has received resolutions and other communications from Salisbury and neighboring local governments in support of action by the Department to protect Salisbury's infrastructure from the sedimentation and flooding caused by the Yadkin Project that are not reproduced here. DWQ AUTHORITY AND POLICY BASIS FOR REQUESTED CONDITIONS DWQ has full authority under Section 401 of the Clean Water Act, 33 USC § 1341 to condition the certification requested by Alcoa on the mitigation provisions requested by Salisbury. Salisbury understands that DWQ already has a memorandum (dated September 13, 2006) from our environmental counsel, Mr. V. Randall Tinsley, regarding Water Quality Certification Conditions for Hydropower Pollution which focuses on mitigation of the Project effects on our water pumping station and intakes. We note that DWQ also has authority to require mitigation of the flooding effects on our wastewater treatment infrastructure pursuant to, JUL-18-2807 WED 15:39 TEL:9197336893 NAME:DWQ-WETLANDS P• `t City of Salisbury 7/18/2007 3:40 PAGE 005/006 Fax Server among several other authorities, its authority to require mitigation of secondary impacts. We also note that the Clean Water Act specifically authorizes monitoring requirements. 33 U.S.C. § 1341(d). REQUEST FOR WATER QUALITY CERTIFICATION CONDITIONS Salisbury requests that DWQ include the following conditions in any certification that might be issued pursuant to Alcoa's application: Condition 1: Four-Stage Partial Removal of High Rock Lake Sediment Delta Stage 1: No Later than July 25, 2008: completion of the removal of sand and sediment from the Yadkin River channel 1,000 feet upstream and 1,000 feet downstream of the original Salisbury intake and from a 100-foot radius area surrounding the original intake. Stage 2: No later than October 25, 2008: completion of the removal of the sand and sediment accumulation at the mouth of Grant Creek. Stage 3: No later than October 25, 2009: completion of a large flood relief channel with a downstream section 500 feet wide and 10.1 miles long and an upstream section 300 feet wide and 2.3 miles long, as described in Large Flood Relief Channel, Dr. Ronald Copeland, Mobile Boundary Hydraulics, PLLC (May 10, 2007) (Exhibit 1 to the City of Salisbury, North Carolina Recommendations and Comments (filed with FERC on May 14, 2007}). Stage 4: Beginning in 2009: annual dredging or sand mining that maintains the conditions established in Stages 1, 2, and 3. Salisbury expects that much of Stage 1 and Stage 2 can be accomplished by a third-party sand mining operation, Cazolina Sand, Inc. {"CSI") at no cost to Alcoa, or perhaps even at a profit to Alcoa In fact, Alcoa has actually charged CSI per ton of sand removed from the portion of the High Rock Sediment Delta extending 1,000 feet above and 1,000 feet below Salisbury's intakes. Condition 1 is generally based on Recommendation 1 in City of Salisbury, North Carolina Recommendations and Comments (filed with FERC on May 14, 2007) except that Stage 3 (flood relief channel) was not included in the recommendation to FERC. An alternative to Stage 3 that is acceptable to Salisbury (and in some respects superior) would be site-specific flood hazard mitigation at the water pump station and the wastewater treatment plant, as recommended to FERC by Salisbury. However, a flood relief channel would reestablish aquatic habitat that has been converted to terrestrial habitat by the High Rock Sediment Delta and restore safer boating and recreation conditions on several miles of the Yadkin River. Thus, the flood relief channel may more closely match the State of North Carolina's policies and priorities and is therefore proposed here. JUL-18-2007 WED 15:39 TEL:9197336893 NAME:DWQ-WETLANDS P. 5 City of Salisbury 7/18/2007 3:40 PAGE 006/006 Fax Server Condition 2: Data Collection and Shariag Program No later than June 1, 2008: implementation and maintenance of a Data Collection and Sharing Program that includes, at a minimum, data collection and sharing with interested persons as follows: a) collection and instantaneous electronic sharing of accurate: i. hourly High Rock water level, including levels above 655.00 APGI Datum, i.e., 623.9 NGVD29, using the same measurement precision as measurements of levels below 655.00 APGI Datum; and ii.hourly flows through and over High Rock Dam; and b) installation of suitable lake level and flowldischarge monitoring devices that are independently certified as accurate, precise, and functional throughout the range of actual conditions (using the same precision for water elevations that exceed 655.00 APGI Datum that is used for elevations below 655.00); and c) completion and publication of data summaries and annual surveys of the High Rock Sediment Delta size, location, thickness, and depth. The Data Collection and Sharing Program is needed to ensure that Salisbury and its neighbors have sufficient and timely information to understand and respond to the effects of the Project on the Yadkin River, Yadkin River floodplain, critical infrastructure,. and other important resources. Condition 2 is based on Recommendation 2 in City of Salisbury, North Carolina Recommendations and Comments (filed with FERC on May 14, 2007). Conclusion We thank you again for this opportunity to comment on the Alcoa water quality certification application and look forward to participating with DWQ and the State of North Carolina in developing water quality certification conditions that will protect Salisbury's water and wastewater infrastructure and the Yadkin River. If you have any questions about these comments or need additional information, please feel free to call me at {704) 638-4479 or Randy Tinsley at (336) 373-8850. Sinc , ~` Matt ernhardt Assistant City Manager for Utilities cc: Ms. Kimberly D. Bose, Secretary, FERC Mr. V. Randall Tinsley, Environmental Counsel far City of Salisbury Mr. Gene Ellis, Alcoa JUL-18-2007 WED 15:40 TEL:9197336893 NAME:DWQ-WETLANDS P. 6