20070812 Ver 1_Salisbury Reponse to Attorney Request_20070926

04 Sp,LIS6~
~ ~~
.N. ~
City of Salisbury
~`~: - ~'~~' North Carolina
September 19, 2007
VIA FACSIMILE TO [phone]
AND VIA U.S. MAIL
Mr. John Dorney
NCDENR Division of Water Quality
1617 Mail Service Center
Raleigh, NC 27699-1617
D ~~~~~~
SEP 2 6 '~G07
~IENR = +`~rii sk QUALITY
YVET111NDS MID g1DpMNMT6R 9RMlCH
Re: Alcoa Attorneys' Request that DWQ Ignore Scientific Reports in the NC Water Quality
Certification (DWQ #2007-0812) Decision
Dear Mr. Dorney,
On September 13, 2007, Alcoa requested that DWQ and FERC ignore relevant scientific
sedimentation and flooding studies commissioned by the City of Salisbury. We are not surprised
by this odd request.
Since January 2003, Salisbury has been asking Alcoa to conduct appropriate studies of
the Yadkin Project's sedimentation and flooding effects on Salisbury's critical water and
wastewater infrastructure. Alcoa has never published appropriate studies. Now, Alcoa requests
that appropriate studies be ignored. We consider this to be just another phase of an ongoing Alcoa
strategy to distract DWQ, FERC, Salisbury, and others from addressing the sedimentation and
flooding effects of the Yadkin Project on Salisbury's water and wastewater infrastructure.
Alcoa's First Phase. In August 2003, Alcoa addressed sedimentation and flooding
effects by saying it would "identify patterns of sedimentation within High Rock Reservoir" and
"[e]valuate how sediment deposition patterns in High Rock may be impacting (negatively or
positively) aquatic habitats and municipal water supply intakes" and "[e]valuate sediment fate
and transport qualitatively under existing and potential future operating scenarios." It became
apparent in 2005 that Alcoa's study would not provide relevant answers. By that time, there had
been a long delay in the initiation of the needed studies -ultimately commissioned by Salisbury.
Alcoa's Second Phase. In 2005, Alcoa addressed sedimentation and flooding effects by
claiming that irrelevant studies have provided answers to Salisbury's concerns. For example,
Alcoa's Sediment Fate and Transport Study report (November 2005) concluded that suspended
sediment passes by Salisbury's intakes. A completely irrelevant conclusion based on irrelevant
studies. The operation of High Rock Dam has obviously caused a huge sediment delta -deposited
sediment -that causes sediment problems and flooding.
Therefore, beginning in 2005, Salisbury began the work of identifying and
commissioning experts to conduct relevant studies to properly address Salisbury's concerns about
the sedimentation and flooding effects of the Yadkin Project. Salisbury discovered that there are
well-established relevant methods for evaluating the sedimentation and flooding effects. We now
217 S Main Street P.O. Box 479 Salisbury, NC. 28145 Phone: [phone] Fax: [phone]

know that Alcoa's consultant team includes individuals who are well aware of those methods.
Alcoa and its team of consultants either chose not to apply those methods or applied them and
concealed the results. Since Alcoa was unwilling to do so, Salisbury commissioned and published
relevant state-of--the-art studies.
Alcoa's Third Phase. Alcoa has more recently addressed sedimentation and flooding
effects by publishing critiques of the Salisbury-commissioned studies, while apparently
concealing relevant studies conducted by Alcoa's own expert. Salisbury has consistently treated
the Alcoa critiques as though they might be legitimate. In fact, Salisbury has commissioned and
published expert reviews of the Alcoa critiques. The expert reviews reveal that the Alcoa
critiques do not affect the validity of the studies or their conclusions and do not warrant any
changes in the Salisbury-commissioned studies or reports. In fact, many of Alcoa's critiques were
misleading and apparently intended to obfuscate rather than clarify or improve the work being
conducted to address sedimentation and flooding effects of the Yadkin Project.
Alcoa has carefully avoided allowing any of its consultants to publish results of relevant
studies. Alcoa touts David Williams as an expert, but Alcoa has not allowed any of his work to be
published. David Williams admits in paragraph 11 of his June 22, 2007 affidavit that he has run a
HEC-6T model for High Rock.' The results have still not been released. Why? Alcoa does not
want to reveal that its own studies prove the obvious: High Rock Lake causes the High Rock
Sediment Delta and the delta causes flooding. Any reasonable model will reveal the well-known,
well-understood facts that (1) dams cause upstream sediment deltas and (2) the resulting sediment
deltas increase upstream flooding.
Alcoa's Fourth Phase. Alcoa has most recently addressed sedimentation and flooding
effects by having its attorneys submit letters, dated September 13, 2007, to DWQ and FERC
requesting that DWQ and FERC ignore scientific reports provided by Salisbury on August 24,
2007. The Alcoa attorneys make no reference to any policy, rule, or any other authority that
would support such an absurd request. In fact, it would be contrary to the applicable rules and
policies, as well as common sense, to ignore study reports from top experts in the field. Further,
we are not sure which reports they want to have you ignore. They refer to the "two documents"
that were enclosed in our August 24 letter, but then specifically name: one of the two reports
provided on August 24, Effects of Bridges over Yadkin River on Water Surface Elevation Profiles,
Dr. Martin Doyle (August 2007); and a report provided months ago, Large Flood Relief Channel,
Mobile Boundary Hydraulics, PLLC (May 10, 2007). Confusing. We respond below, as best we
can:
Alcoa's attorneys, in a footnote, make the claim that they were unaware of the existence
of a report, Large Flood Relief Channel, Mobile Boundary Hydraulics, PLLC (May 10, 2007),
until August 29, 2007. In fact, the report was provided to DWQ, FERC, and Alcoa in May, 2007.
The report has been in the FERC licensing record since May 14, 2007, and can be easily accessed
from FERC's e-Library on FERC's website. In addition, the report was also mailed and e-mailed
directly to Alcoa's attorneys on May 14, 2007. The report was not enclosed in our August 24
letter to you.
' The affidavit was attached to the Answer And Reply Comments Of Alcoa Power Generating Inc. To
Comments, Recommendedations (error in original) Terms And Conditions, And Prescriptions Filed In
Response To Notice Of Application Ready For Environmental Analysis (filed with FERC on or about June
25, 2007).
2

Alcoa's attorneys also say they were unaware of one of Dr. Martin Doyle's reports,
Effects of Bridges over Yadkin River on Water Surface Elevation Profiles (August 2007), until
August 29, 2007. This is an odd complaint, given the fact that this report, as well as Equilibrium
Analysis of Yadkin and South Yadkin Rivers, Dr. Martin Doyle (August 21, 2007), were provided
to DWQ, FERC, Alcoa and others within a few days after they were provided to the City of
Salisbury.
Alcoa's attorneys say that two reports (most likely referring to Dr. Doyle's reports sent to
you on August 24) provided by Salisbury lack sufficient detail to be properly evaluated. We have
once again responded to this critique as though it might be legitimate. We have enclosed a letter
provided to us by Dr. Doyle that responds to their stated concern as it relates to his two reports
that we submitted on August 24.
Alcoa has worked hard to prevent appropriate scientific information from being brought
to bear on the water quality certification and the relicensing. In all likelihood, Alcoa will continue
to ignore the valid concerns of the City of Salisbury regarding the sedimentation and flooding
effects of the Yadkin Project and will continue to undermine and attack appropriate efforts to
address those effects. We trust that the responsible state and federal agencies can and will see past
Alcoa's strategy of distraction and will require mitigation to address sedimentation and flooding
effects of the Yadkin Project on our critical water and wastewater infrastructure.
Sincerely
Matt Bernhardt
Assistant City Manager for Utilities
Enclosure (Dr. Martin Doyle's letter report)
cc: Senator Elizabeth Dole
Governor Michael Easley
Kimberly D. Bose, Secretary, Federal Energy Regulatory Commission
William G. Ross, Jr., Secretary, DENR
Marc Bernstein, Assistant Attorney General
Susan Kluttz, Mayor
David W. Treme, City Manager
V. Randall Tinsley, Environmental Counsel for Salisbury