20070812 Ver 1_Request for Withdrawal_20080416

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CERTIFIED MAIL -Return Receipt Requested
Mr. William Bunker
Alcoa Generating Inc.
V.P. Hydro Operations -Yadkin Division
P.O. Box 576
Badin, NC 28009-0576
Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Coleen H. Sullins,Director
Division of Water Quality
April 16, 2008
RE: Yadkin Hydroelectric Project
Stanly County
DWQ # 2007-0812; FERC Project No. 2197
Request for Withdrawal and resubmittal of application for 401 Certification
The Division of Water Quality has determined that we must prepare an additional public notice for
the 401 Water Quality Certification for the relicensing of the Yadkin Project (High Rock, Tuckertown,
Narrows and Falls reservoirs) on the Yadkin River, Stanly County, North Carolina since questions have
been raised about the process followed for our earlier public notice that was sent to the Stanly News and
Press on June 5, 2007. Anew public notice has been sent today to the Stanly News and Press for
publication in their Thursday April 17, 2008 edition with the required15 day comment period to end on
May 2, 2008. We invite any additional comments that APGI may have on the 401 Certification that was
issued on November 16, 2007 during that public comment process. As part of this process, the Division
has decided to revoke the November 401 Certification since conditions under which the certification was
made have changed (15A NCAC 2H .0507 (d)(2)).
If this decision is unacceptable to you, you have the right to an adjudicatory hearing upon written
request within sixty (60) days following receipt of this decision. This request must be in the form of a
written petition conforming to Chapter 1506 of the North Carolina General Statutes and filed with the
Office of Administrative Hearings, 6714 Mail Service Center, Raleigh, N.C. 27699-6714. Unless such
demands are made, this decision shall be final and binding.
On the other hand, we hereby request that APGI agree to withdraw the application sent to the
Division on May 10, 2007 and then resubmit the application. We believe that this action would not affect
the FERC schedule for relicensing since according to the most recent information that we have
concerning the scheduling, APGI expects that FERC will issue a one year extension of the present
license. Please let me know whether APGI is willing to withdraw your May 10, 2007 application and (if
so), when a new application may be submitted.
can be reached at 919-733-9646 if you have any questions.
Sinperely yours,
Cc: Don Laton, NC Attorney General's
Coleen Sullins, DWQ
Paul Rawls, DWQ
Susan Massengale, DWQ
Gene Ellis, APGI
Central files
File copy
Wetlands and Stormy: titer Branch 1617 Mail Service Center
Internet: h2o.enr.state,nc.us 512 N. Salisbury St.
J hn Dorney
e -Environmental Section
No°e h Carolina
Jllrtatura!!y
Raleigh, NC 27699-1617 Phone (919) 7~. 5083
Raleigh, NC 27604 FAX [phone]
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