20070812 Ver 2_Judges issue Temporary Restraining Order_20090528

Dorney, John
From: Massengale, Susan [[e-mail]]
Sent: Thursday, May 28, 2009 1:58 PM
To: [e-mail]
Subject: Yadkin Riverkeeper Legal Fight to Continue Against NC DENR for Issuing Alcoa Water
Quality Certification
Attachments: ATT00001.c
Judge issues Temporary Restraining Order: Yadkin Riverkeeper Legal Fight to Continue Against NC DENR
for Issuing Alcoa Water Quality Certification
05-28-2009
WINSTON-SALEM, N.C. - Raleigh Administrative Law Judge Joe Webster has issued a temporary restraining order,
blocking Alcoa's Relicensing effort, to allow a lawsuit filed against the N.C. Department of Environment and Natural
Resources (DENR) by Yadkin Riverkeeper and the Stanly County Commissioners to proceed. Both parties filed a Petition
for Contested Case against NC DENR for neglecting to follow federal Clean Water Act requirements and state provisions
regarding water quality protections and environmental review when DENR issued a Water Quality Certification to Alcoa for
the Yadkin Hydroelectric Project, which includes hydroelectric dams along the Yadkin River at High Rock, Tuckertown,
Narrows and Falls Reservoirs in Davie, Davidson, Rowan, Montgomery and Stanly counties. The decision by Judge Joe
Webster of the state Office of Administrative Hearings puts a stay on issuing the certification indefinitely to allow time for a
review, which also delays Alcoa from moving forward with its licensing application with the Federal Energy Regulatory
Commission (FERC) for another 50 years of an exclusive monopoly to control the Project.
Before it issued the certification, DENR's own Division of Water Quality released a hearing officer report on final testing of
Badin Lake, a 5,300-acre body of water that flows into the river via Narrows Dam at Stanly County, that found
contamination in the coves and "significant contamination" at the Alcoa site of the lake, and it linked some of the PCBs to
Alcoa's operations at the Project. Despite that information, as well as a fish consumption advisory for children and
pregnant women the N.C. Department of Health and Human Services issued Feb. 11 once it found harmful PCBs in Badin
Lake, DENR decided to award Alcoa with a certification, prompting the Yadkin Riverkeeper to file suit against DENR for
failing to follow the rules of multiple state laws and the federal Clean Water Act in its decision.
"This decision is a victory for all North Carolinians. It reflects the fact that we have a right to expect the best water quality
for our drinking and recreational purposes and aquatic life in our rivers, and our state government has the duty to enforce
that right," said Dean Naujoks, recently appointed as Yadkin Riverkeeper. "Best of all, it prevents a hasty federal decision
on allowing Alcoa free reins on another 50 years of using the Yadkin as its cheap power source while failing to serve its
obligation of keeping the water safe and free from environmental degradation."
"I want to thank in particular Governor Perdue for her intervention and support for the temporary restraining order, but the
Judge clearly felt the merits of our case against the state were strong enough or he would not have issued the order." said
Dean Naujoks. We created five specific reasons why DENR's decision was flawed, and we intend to prove our points by
presenting the evidence already in place as well as any additional studies other experts can and will investigate regarding
the overall water quality in connection with the Project.
"I sincerely believe that when all the facts come to light, North Carolinians will be shocked at how a multinational firm
based outside the state has abused the assets of the state's second-largest river just to make millions in profits for its own
benefit. Likewise, they will wonder why DENR, the state's own oversight agency for the Project's water quality, was
derelict here in its stated position as 'the lead stewardship agency for the preservation and protection of North Carolina's
outstanding natural resources."'
North Carolina Governor Bev Perdue has also intervened as a friend of the court to serve the interests of the general
public. Governor Perdue has been outspoken against Alcoa receiving 50-year federal license for the Yadkin Hydroelectric
Project for several months now. She has indicated that she plans to "vigorously oppose" Alcoa's licensing for the Yadkin
Project.
Apart from the restraining order, Alcoa's federal licensing also faces a challenge from the state legislature to establish a
Yadkin River Trust to assume operation of the Project over Alcoa, pending approval from the state House and Gov. Bev
Perdue, who already has voiced opposition to Alcoa's licensing plans. (The state Senate has endorsed the Trust concept
by a huge 44-4 vote.) This decision would require the FERC to allow the state recapture process to occur under federal
rules
"Alcoa and DENR better be prepared for the legal case we are making against them at the end of the duration of this
restraining order," added Naujoks.
About the Yadkin Riverkeeper®:
The Yadkin Riverkeeper's mission is to respect, protect and improve the Yadkin Pee Dee River Basin through education,
advocacy and action. It is aimed at creating a clean and healthy river that sustains life and is cherished by its people. To
achieve this vision, it seeks to accomplish the following objectives: sustain a RIVERKEEPER® program, measurably
improve water quality, reestablish native bio-diversity, preserve and enhance the forest canopy, bring legal action to
enforce state and federal environmental laws, and teach and practice a "river ethic" of ecological respect to all ages. For
more information, visit http://www.vadkinriverkeeper.org or call 336-293-8105.
Susan Massengale
Public Information Officer
DENR- Division of Water Quality
1617 MSC, Raleigh, NC 27699-1617
[phone]; fax [phone]
Please note: my e-mail address has changed to susan.massengaleC:,ncdenr.gov
E-mail corresponclence to and from this adclress may he subject to the
North Carolina Public Recorcls Law and inav he disclosed to third parties.