20070812 Ver 1_General Correspondence_20080509

W A T ?RQG

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
May 9, 2008
Ms. Kimberly D. Bose, Secretary
Federal Energy Regulatory Commission
888 First Street, N.E.
Washington, DC 20426
RE: APGI Yadkin Hydroelectric Project
Stanly County
FERC Project No. 2197; DWQ # 2007-0812
As you may be aware, on May 8, 2008 APGI withdrew their application for 401 Water
Quality Certification that was submitted on May 10, 2007 (See attached). Simultaneously, APGI
applied for the 401 Water Quality Certification on May 8, 2008 including payment of a 401
Certification application fee (See attached). Staff of the Division of Water Quality will be
reviewing the application and discussing it with APGI staff to ensure that it is a complete
application and then placing it on Public Notice once we have a complete application. We will
copy your staff on all the Public Notices and correspondence so your staff are kept current on the
status of the 401 Certification for the project.
If you or your staff have any questions, please call me at 919-733-9646.
Ici-i
J Dorney
CC: Gene Ellis, Alcoa Power Genera 'n , Inc., P.O. Box 576, Badin, NC 28009-0576
Jerry Myers, County Manager, Stanly County, 1000 N. First Street, Suite 10, Albemarle,
NC 28001
Thomas Griffin, III, Three Wachovia Center, Suite 3000, 401 South Tryon Street,
Charlotte, NC 28202-1935
Robin Smith, DENR
Coleen Sullins, DENR
Alan Johnson, Mooresville Regional Office
Steve Reed, DWQ
Becky Fox, US Environmental Protection Agency
Don Laton, NC Attorney General's Office
File copy
Central files
One
NbithCarolina
Naturally
Wetlands and Stormwater Branch 1617 Mail Service Center Raleigh, NC 27699-1617 Phone [phone]
Internet: h2o,enr.state.nc.us 512 N. Salisbury St. Raleigh, NC 27604 FAX [phone]
An Equal Opportunity/Affirmative Action Employer- 50% Recycled/10% Post Consumer Paper
DEWEY & LEBOEUF
BY HAND
North Carolina Division of Water Quality
Attn: John Dorney
Wetlands Program Development Unit
Parkview Building
2321 Crabtree Blvd.
Raleigh, NC 27604
Dewey & LeBoeuf LLP
1101 New York Avenue, NW
Suite 1100
Washington, DC 20005-4213
tel [phone]
fax [phone]
[e-mail]
a'1-o8ta??
May 9, 2008 V@fflowp= D
MAY 8 2008
DENR - WATER QUALITY
WETLANDS AND STORMWATER BRANCH
Re: Water Quality Certification Application for the Yadkin Hydroelectric
Project (FERC No. P-2197)
Dear Mr. Dorney:
By letter dated April 16, 2008 to Alcoa Power Generating Inc. ("APGI"), the
Division of Water Quality ("DWQ") stated that it would "revoke" Section 401 Water Quality
Certificate No. 003173 for the Yadkin Hydroelectric Project (FERC No. 2197) because of a
failure to publish public notice, and further requested that APGI withdraw the application
supporting that certificate and file a new application for Section 401 authorization for that
project. Accordingly, through undersigned counsel, APGI hereby respectfully withdraws its
application for Section 401 Water Quality Certification submitted on May 10, 2007 and hereby
submits a new application for such certification which is enclosed for filing. Thus, please find
enclosed one (1) original and six (6) copies of a complete application package for the Section
401 water quality certification of the Yadkin Hydroelectric Project and a check in the amount of
$570.00 payable to the North Carolina Division of Water Quality. Each enclosed application
package set consists of the following:
(1) A completed and signed "FERC 401 Water Quality Certification
Application" as required by DWQ;
(2) A copy of the "Application for License for Major Project - Existing Dam"
(April 2006) for the Yadkin Project (which includes maps of the Project)
NE W YORKI LONDON MULTINATIONALPARTNERSHIPI WAS HI N GTON, DC
ALBANYIALMATYIAUSTIN I BEIJINGI BOSTON I BRUSSELSICHARLOTTEICHI CAGOI DUBAI
EASTPALOALTOIFRAN KFURTI HARTFORDI HONG KONG I H OU STON IJA CKSONVILLEIJOHAN N ESBURG (PTY)LTD.
LOSANGELES I MILAN I MOSCOW I PAR I SMU LTINATIONALPARTNERSHIP I RIYADHAFFILIATEDOFFICE I ROME I SANFRANCISCO I WARSAW
North Carolina Division of Water Quality
May 9, 2008
Page 2
which APGI filed with the Federal Energy Regulatory Commission
("FERC");
(3) Yadkin Project "Relicensing Settlement Agreement" (February 2007)
("RSA") filed with FERC on May 7, 2007;
(4) Draft Yadkin Project "Dissolved Oxygen Monitoring Plan" (May 2007);
(S) Draft Yadkin Project "Tailwater Dissolved Oxygen Monitoring Quality
Assurance Project Plan" (May 2007); and
(6) Draft Yadkin Project "Flow and Reservoir Elevation Monitoring Plan"
(April 2007).
Please be advised that, in addition to the undersigned, APGI is represented in this
matter by Charles D. Case, Esq. and Craig Bromby, Esq. of the firm of Hunton & Williams LLP,
One Bank of America Plaza, Suite 1400, 421 Fayetteville Street (27601), P.O. Box 109, Raleigh,
NC 27602.
Please contact me with any questions concerning this application.
Sincerely,
avid R. Poe
cc: Gene Ellis
Coralyn Benhart, Esq.
Thomas N. Griffin, 111, Esq.
Donald W. Laton, Esq.
Attachments
r
s;LP11D 01-09 1 2. v a
DWQ ID:
FERC 401 WATER QUALITY CERTIFICATION
APPLICATION
FOR EXISTING FERC PERMITS
* SEND SEVEN (7) COPIES AND THE
APPROPRIATE FEE (SEE ITEM # 16)* OF THIS APPLICATION TO:
THE NC DIVISION OF WATER QUALITY
ATTN: TODD ST. JOHN
4401 REEDY CREEK ROAD
RALEIGH, NC 27607.
(PLEASE PRINT OR TYPE.)
1. OWNER'S NAME: Alcoa Power Generating Inc.
2. MAILING ADDRESS: 300 North Hall Rd. (MS-T1521) Alcoa, TN 37701-2516
PROJECT NAME: Yadkin Hydroelectric Project (FERC No. 2197)
CITY: Badln STATE: NC ZIP CODE: 28009
PROJECT LOCATION ADDRESS (IF DIFFERENT FROM MAILING ADDRESS
ABOVE):
P.O. Box 576, Badln, NC 28009
3. TELEPHONE NUMBER: (WORK) (_L65 ) 977-3334
4. IF APPLICABLE: AGENT'S NAME OR RESPONSIBLE CORPORATE OFFICIAL,
ADDRESS, PHONE NUMBER:
Mark Gross. V.P. of APGI. P.O. Box 576,L(jghwav 740. Badin. NC 28009
5. LOCATION PROJECT (PROVIDE A MAP, INCLUDING A COPY OF USGS
TOPOGRAPHIC MAP OR AERIAL PHOTOGRAPHY WITH SCALE):
Davie, Davidson, Rowan,
COUNTY: Montgomery and Stanly NEAREST TOWN: Badin
SPECIFIC LOCATION (INCLUDE ROAD NUMBERS, LANDMARKS, ECT.) See attached
_Ucense Application (LA) Ex. G for Project maps or see D.O. Plan Fist. 1
6. IMPACTED STREAM/RIVER: Yadkin River RIVER BASIN: YadkintPee-Dee River Basin
CURRENT DIVISION OF WATER QUALITY (DWQ) CLASSIFICATION: Variable (Class C or WS):
See LA Ex. E App. E.1. Section 2.5
7. (a) IS THE PROJECT LOCATED WITHIN A NORTH CAROLINA DIVISION OF
COASTAL MANAGEMENT AREA OF ENVIRONMENTAL CONCERN (AEC)? YES ?
NO OX
(b) IF THE PROJECT IS LOCATED WITHIN A COASTAL COUNTY (SEE PAGE 7 FOR
LIST OF COASTAL COUNTIES), WHAT IS THE LAND USE PLAN (LUP)
DESIGNATION? nn
D ?? If
Version 1.0
January, 1999 MAY $ 200j
DEPVti...,i, l F" l;UP.i; I ,
WETIAWDS ,Ni S70RMWATER t3RANCH
8. (a) ARE ADDITIONAL PERMIT REQUESTS EXPECTED FOR THIS PROPERTY IN
THE FUTURE? YES ? NO Mx IF YES, DESCRIBE ANTICIPATED WORK:
9. (a) ESTIMATED TOTAL NUMBERS OF ACRES IN PROJECT: 23,000
10. PROVIDE AN APPROPRIATE ENVIRONMENTAL DOCUMENT. THE DOCUMENT
SHOULD ADDRESS:
(a) DATA SHOWING THAT A 7Q10 MINIMUM FLOW WILL BE PROVIDED
(b) A COST BENEFIT ANALYSIS OF THE PROJECT SHOWING WHY THE PROJECT
IS STILL NECESSARY
(c) DESCRIPTION OF LENGTH OF BYPASS REACH (IF ANY) AND MEASURES TO
PROVIDE FLOW TO THE REACH IN LOW FLOW CONDITIONS.
(d) MEASURES PLANNED OR TAKEN TO MAINTAIN DOWNSTREAM WATER
QUALITY SUCH AS ADEQUATE DISSOLVED OXYGEN.
See attached LA & Relicensing Settlement Agreement
11. WHAT IS THE SIZE OF THE WATERSHED 4400 sq miles WHAT IS THE FULL-POND
SURFACE AREA? 23,000 acres
12. YOU ARE REQUIRED TO CONTACT THE US FISH AND WILDLIFE SERVICE AND/OR
NATIONAL MARINE FISHERIES SERVICE REGARDING THE PRESENCE OF ANY
FEDERALLY LISTED OR PROPOSED FOR LISTING ENDANGERED OR
THREATENED SPECIES OR CRITICAL HABITAT IN THE PERMIT AREA THAT MAY
BE AFFECTED BY THE PROPOSED PROJECT. DATE CONTACTED:
Periodic consultation 2002-2007
13. YOU ARE REQUIRED TO CONTACT THE STATE HISTORIC PRESERVATION
OFFICER. DATE CONTACTED: Periodic Consultation 2002-2007
(SHPO) REGARDING THE PRESENCE OF HISTORIC PROPERTIES IN THE PERMIT
AREA WHICH MAY BE AFFECTED BY THE PROPOSED PROJECT. DATE
CONTACTED: Same as above, and see LA Ex. E Apps E-16,17 & 25.
14. DOES THE PROJECT INVOLVE AN EXPENDITURE OF PUBLIC FUNDS OR THE USE
OF PUBLIC (STATE) LAND? YES ? NO xl (IF NO, GO TO 15)
(a) IF YES, DOES THE PROJECT REQUIRE PREPARATION OF AN
ENVIRONMENTAL DOCUMENT PURSUANT TO THE REQUIREMENTS OF THE
NORTH CAROLINA ENVIRONMENTAL POLICY ACT? YES ? NO ?
(b) IF YES, HAS THE DOCUMENT BEEN REVIEWED THROUGH THE NORTH
CAROLINA DEPARTMENT OF ADMINISTRATION STATE CLEARINGHOUSE YES ?
NOM
IF ANSWER 17b IS YES, THEN SUBMIT APPROPRIATE DOCUMENTATION FROM
THE STATE CLEARINGHOUSE WITH THE NORTH CAROLINA ENVIRONMENTAL
POLICY ACT.
QUESTIONS REGARDING THE STATE CLEARINGHOUSE REVIEW PROCESS
SHOULD BE DIRECTED TO MS. CHRYS BAGGETT, DIRECTOR STATE
CLEARINGHOUSE,. NORTH CAROLINA DEPARTMENT OF ADMINISTRATION, 116
WEST JONES STREET, RALEIGH, NORTH CAROLINA 27603-8003, TELEPHONE
[phone].
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January, 1999
15. THE FOLLOWING ITEMS SHOULD BE INCLUDED WITH THIS APPLICATION IF
PROPOSED ACTIVITY INVOLVES THE DISCHARGE OF EXCAVATED OF FILL
MATERIAL INTO WETLANDS: NIA
(a) WETLAND DELINEATION MAP SHOWING ALL WETLANDS, STREAMS, LAKES,
AND PONDS ON THE PROPERTY (FOR NATIONWIDE PERMIT NUMBERS 14, 18, 21,
26, 29, AND 38). ALL STREAM (INTERMITTENT AND PERMANENT) ON THE
PROPERTY MUST BE SHOWN ON THE MAP. MAP SCALES SHOULD BE 1 INCH
EQUALS 50 FEET OF 1 INCH EQUALS 100 FEET OF THEIR EQUIVALENT.
(b) IF AVAILABLE, REPRESENTATIVE PHOTOGRAPH OF WETLANDS TO BE
IMPACTED BY PROJECT,
(c) IF DELINEATION WAS PERFORMED BY A CONSULTANT, INCLUDE ALL DATA
SHEETS RELEVANT TO THE PLACEMENT OF THE DELINEATION LINE.
(d) ATTACH A COPY OF THE STORMWATER MANAGEMENT PLAN IF REQUIRED.
(e) WHAT IS LAND USE OF SURROUNDING PROPERTY?
{17 IF APPLICABLE, WHAT IS PROPOSED METHOD OF SEWAGE DISPOSAL?
18. CERTIFICATION FEE
(a) IF THE IMPACT IS LESS THAN 1 ACRE OF WETLAND OR WATER AND LESS THAN 150 FEET
OF STREAM, PLEASE ENCLOSE A CHECK FOR $200.00 MADE OUT TO THE NORTH
CAROLINA DIVISION OF WATER QUALITY.
(b) IF THE IMPACT EXCEEDS EITHER OR BOTH OF THE LEVELS IN (a), PLEASE ENCLOSE A
CHECK FOR $475.00 MADE OUT TO THE NORTH CAROLINA DIVISION OF WATER QUALITY.
(check attached)
17. PUBLIC NOTICE IS REQUIRED FOR ALL FERC PROJECTS. PLEASE NOTE THAT THE
APPLICANT IS REQUIRED TO REIMBURSE THE DIVISION OF WATER QUALITY FOR THE
COSTS ASSOCIATED WITH THE PLACEMENT OF THE PUBLIC NOTICE. REFERENCE 15A
NCAC 2H .0503 (I).
SIGNED AND DATED AGENT AUTHORIZATION LETTER, IF APPLICABLE.
NOTE: WETLANDS OR WATERS OF THE US MAY NOT BE IMPACTED PRIOR TO:
1. ISSUANCE OF A SECTION 404 CORPS OF ENGINEERS PERMIT,
2. EITHER THE ISSUANCE OR WAIVER OF A 401 DIVISION OF WATER
QUALITY CERTIFICATION, AND
3. (IN THE TWENTY COASTAL COUNTIES ONLY), A LETTER FROM THE
NORT CAROLINA DIVISION OF COASTAL MANAGEMENT STATING THE
PROP SED ACTIVITY IS CONSISTENT WITH THE NORTH CAROLINA r4 CO A MANAGEMENT PROGRAM,
(AGENT'S SIGNATURE VALID ONLY
IF AUTHORIZATION LETTER FROM
THE OWNER IS PROVIDED).
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January, 1999