20120900 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: [phone] \\ FAX: [phone]
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 [phone] 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 [phone], 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 [e-mail] 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