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HomeMy WebLinkAbout20120900 Ver 1_APGI_Denial_DRAFT_20130725 North Carolina Department of Environment and Natural Resources Division of Water Quality Pat McCrory Thomas A. Reeder John E. Skvarla, III Governor Acting Director Secretary DATE DWQ # 12-0900 Davidson, Davie, Montgomery, Rowan and Stanly Counties CERTIFIED MAIL: xxxx xxxx xxxx xxxx xxxx RETURN RECEIPT REQUESTED Mr. E. Ray Barham Alcoa Power Generating, Inc. (APGI) 293 Highway 740 Badin, NC 28009 Subject: DRAFT DENIAL OF 401 Water Quality Certification Yadkin Hydroelectric Project FERC P-2197 Dear Mr. Barham: On September 28, 2012, the Division of Water Quality (Division) received your application dated September 28, 2012, with additional information received on October 17, 2012, January 7, 2013, January 22, 2013, February 1, 2013, February 7, 2013, March 18, 2013, April 1, 2013, June 11, 2013, June 20, 2013, July 2, 2013 and July 3, 2013, requesting a 401 Water Quality Certification from the Division for the subject project. Pursuant to 15A NCAC 02H .0506, a certification shall be issued when the Director determines that water quality standards are met. The project has not met the following requirements:  Rule Citation “Rule text…” Explanation…  … In accordance with 15A NCAC 02H .0507(e), your application for a 401 Water Quality Certification is hereby denied. This decision can be contested as provided in Articles 3 and 4 of General Statute 150B by filing a written petition for an administrative hearing to the Office of Administrative Hearings (hereby 1617 Mail Service Center, Raleigh, North Carolina 27699-1617 Location: 512 N. Salisbury St. Raleigh, North Carolina 27604 Phone: 919-807-6300 \\ FAX: 919-807-6492 Internet: www.ncwaterquality.org An Equal Opportunity \\ Affirmative Action Employer Yadkin Hydroelectric Project FERC P-2197 DWQ# 12-0900 DRAFT 401 WQC Denial DATE Page 2 of 3 known as OAH) within sixty (60) calendar days. A petition form may be obtained from the OAH at http://www.ncoah.com/ or by calling the OAH Clerk’s Office at (919) 431-3000 for information. A petition is considered filed when the original and one (1) copy along with any applicable OAH filing fee is received in the OAH during normal office hours (Monday through Friday between 8:00am and 5:00pm, excluding official state holidays). The petition may be faxed to the OAH at (919) 431-3100, provided the original and one copy of the petition along with any applicable OAH filing fee is received by the OAH within five (5) business days following the faxed transmission. Mailing address for the OAH: If sending via US Postal Service: If sending via delivery service (UPS, FedEx, etc): Office of Administrative Hearings Office of Administrative Hearings 6714 Mail Service Center 1711 New Hope Church Road Raleigh, NC 27699-6714 Raleigh, NC 27609-6285 One (1) copy of the petition must also be served to DENR: Lacy Presnell, General Counsel Department of Environment and Natural Resources 1601 Mail Service Center Raleigh, NC 27699-1601 This completes the review of the Division under section 401 of the Clean Water Act and 15A NCAC 02H .0500. Please be aware that you have no authorization under Section 401 of the Clear Water Act for this activity and any work done within waters of the state would be a violation of North Carolina General Statutes and Administrative Code. Contact Karen Higgins at 919-807-6360 or karen.higgins@ncdenr.gov if you have any questions or concerns. Sincerely, Thomas A. Reeder Yadkin Hydroelectric Project FERC P-2197 DWQ# 12-0900 DRAFT 401 WQC Denial DATE Page 3 of 3 cc: Secretary Kimberly D. Bose, Federal Energy Regulatory Commission, 888 First Street NE, Washington, D.C. 20426 Todd Bowers, EPA, Sam Nunn Federal Center, 61 Forsyth Street SW, Atlanta, GA 30303 Mike Parker, DWQ Mooresville Regional Office Supervisor Corey Basinger, DWQ Winston-Salem Regional Office Supervisor Belinda Henson, DWQ Fayetteville Regional Office Supervisor Ian McMillan, Division of Water Resources (via email) Chris Goudreau, North Carolina Wildlife Resources Commission (via email) Rob McDaniel, Division of Waste Management (via email) Sandy Mort, DHHS (via email) James D. Behmer, Salisbury-Rowan Utilities, PO Box 479, Salisbury, NC 28145 DWQ Webscape Unit File name: 120900YadkinHydroelectricProjectFERC2197(DavidsonDavieMontgomeryRowanStanly)_401_Denial