20070812 Ver 1_Salisbury Comments Mitigation_20070720

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July 18, 2007
VIA U.S. MAIL AND FACSIMILE TO [phone]
Mr. John Dorne
Division of Water Quality :~: ~~ ;~ ~ Z~J07
Wetlands and Stormwater branch
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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 Project ("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 impoundments 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 characteristic 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 floodplain 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: [phone] Fax.• [phone]

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 regarding 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 26, 2007), including the following
exhibits'
1 Numerical Sedimentation Investigation, Yadkin River, North Carolina, Dr. Ronald
Co eland, February 2007.
2 High Rock Dam and Sediment Delta Flooding and Sedimentation Effects (1927-2058) On
Ci of Salisbury Critical Infrastructure, Dr. Martin Do le, February 2007.
1 Salisbury will be glad to make appropriate arrangements to provide DWQ with copies of the Protected/Critical 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).

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 En ineers and Scientists), Janua 2006
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
Coun Regis
7 TECHNICAL/LEGAL REPORT: Corrections Needed in Exhibit K to FERC License for
Yadkin Project, March 24, 2006 (Update of January 2006 Report), prepared by Salisbury-
Rowan Utilities with the assistance of attorney V. Randall Tinsley (Brooks, Pierce,
McLendon, Hum hre & Leonard, LLP), and attorne Robert Busb .
8 Deed, City of Salisbury's easement over The Point (1916). Deed Book 23, page 187,
Davie County Re istry.
9 Technical Report, Mitigation Alternatives to Address Yadkin Project Impacts on Critical
Water and Wastewater Infrastructure and Operations, Salisbury-Rowan Utilities, February
2007.
10 Flood Protection Study of Raw Water Pump Station, Salisbury Rowan Utilities, City of
Salisb ,North Carolina, McGill Associates (Februar 2007).
11 Evaluation of Relocation of Salisbury Raw Water Facilities For Flood Hazard Mitigation,
Willis Engineers (February 2007).
12 Engineering Report, Flood Protection, Grant Creek Wastewater Treatment Train, Pease
Associates, February 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 comments provided to Alcoa (to
au ment Alcoa consultation record)(not se arately dated).
14 Technical Report, Alcoa Sale of High Rock Sediment Deposits: Increased Project
Revenues for Flood Miti ation, Salisbury-Rowan Utilities, March 28, 2006.
15 Resume, Dr. Ronald Copeland
16 Curriculum vitae, Dr. Martin Doyle
17 Letter, from City of Salisbury, City Attorney to Alcoa, asking whether Federal Power
Commission a royal is re uired for intake ro'ect (Se tember 14, 1968).
18 Easement, Alcoa -City of Salisbury (1969), Deed Book 541, page 398, Rowan County
Re is

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 istry
(6) Revision of Scoping Comments (filed with FERC on May 8, 2007).
(7) City 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).
(8) City of Salisbury, North Carolina Recommendations and Comments Correction
(filed with FERC on June 6, 2007).
(9) City of Salisbury, North Carolina Comments 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,

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, Carolina 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.

Condition 2: Data Collection and Sharing 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 flow/discharge 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 [phone] or Randy
Tinsley at [phone].
Sincer y, '~
Matt.Bernhardt
Assistant City Manager for Utilities
cc:
Ms. Kimberly D. Bose, Secretary, FERC
Mr. V. Randall Tinsley, Environmental Counsel for City of Salisbury
Mr. Gene Ellis, Alcoa