20011729 Ver 1_Public Comments_20040920

Friends Of The Rocky River
3006 River Forks Rd., Sanford, NC 27330
September, 11 2004
Mr. Alan Klimek
Director, Division of Water Quality
N.C. Dept. of Environment and Natural Resources
1617 Mail Service Center WETLANDS 401 GROUP
- Raleigh NC 27699-1617
SEP 2 0 2004
Dear Mr. Klimek: WATER QUALITY SECTION
The Friends of the Rocky River (FORR) requests that the 401 water quality permit for the
Siler City reservoir expansion be delayed until FORR, with the help of our consultants, have
the opportunity to review and comment on the revised hydrology model and report. We make
this request because, while Siler City was working closely with DWQ on the revisions, FORR
was denied access to hydrological studies.
In May of 2004, after being informed of Siler City's close collaboration with The Division of
Water Resources and DWQ, FORR requested access to the hydrology information. We were
denied access because we were told that no hard copy existed. During the last week of
August, 2004 FORR requested a meeting with Brian McCrodden, the hydrologist, but was
told a meeting would be possible only with the permission of Siler City. This permission was
given provided the meeting was attended by staff of the DWQ. Due to lack of time on the part
of DWO staff such a meeting was not scheduled. Finally, on September 2, FORR was given
only a draft entitled " Summary Points - The Effects of Siler City's Proposed Reservoir On
Water Quality" dated 6117/04 and a summary of "Actions by the Town of Siler City to Improve
Water Quality in the Rocky River and Tributaries" dated 7/12/04.
Not only did these documents lack scientific data to support some of the conclusions
presented, there were inaccuracies and errors in the data that was presented. For example,
information provided to FORR by DWQ staff indicates that the recommendation put forward
by the hearing officer, Mr. Boyd Devane, bases pulse assumptions from the reservoir on one
reported observation of algal blooms and its dissipation after a single heavy rain event. We
strongly` feel that to tie release and pulsing conditions to the permit, based on this one
observation and no further research, is extremely short-sighted. Also, reliance, by the
Division of Water Quality (DWQ), on input from Siler City's consulting hydrologist, without
giving the same consideration to downstream stakeholders, strongly suggests bias in the
decision-making process.
At the September 9 meeting of the Environmental Management Commission, Dr. David
Moreau questioned whether the pulse would even reach 3 miles downstream to the
confluence with Loves Creek, where Siler City discharges its often inadequately treated
sewage. Obviously, there is a lack of data supporting the efficacy of the proposed pulse. No
one knows how this reservoir, with reduced high flow and the proposed minimum releases
and periodic pulses, will effect the mortality, growth or reproduction of aquatic species in the
section of river directly below the dam, let alone ten or twenty miles downstream. We have
no idea if there will be a reduction in diversity or a shift in the balance of the downstream
aquatic community as a result of these proposals.
These are just a few of the important issues that were not addressed in the decision-making
process. We are requesting time to assess and comment on the full report. A full and fair
assessment will require input and cooperation from all parties. The proposed reservoir with
its regimen of tiered releases and scheduled pulses has the potential to have a great, and
potentially irreversible, impact on the downstream Rocky River. Since Siler City has had
such a significant influence on the decision-making, the downstream stakeholders, whose
use of the Rocky River is affected by the daily conditions, must also be included in the
process.
Thank you for your consideration.
With Best Regards,

Sonny Keisler
President, Friends of the Rocky River
cc: Boyd Devane, DWQ
Verla Insko, NC House
Ellie Kinnaird, NC Senate
Joe Hackney, NC House
Joe Rudek, Environmental Defense