CityofSalisburyRequestforAssistance

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n city of Salisbury
North Carolina
Office of the
Mayor
March 9, 2020
Secretary Michael S. Regan
Department of Environmental Quality
217 West Jones Street
Raleigh, North Carolina 27603
Re: Request for Assistance to Protect Salisbury's Water Supply
Dear Secretary Regan,
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WAR i 2020
DIVISION OF WATER RESOURCES i
_. DIRFCTOWS OFFICE
The City of Salisbury withdraws its water by means of a pump station and water intakes
at the confluence of the Yadkin and South Yadkin Rivers. That water goes to our water treatment
plant and is distributed to more than 52,000 citizens in Salisbury and nearby communities for
potable and fire -fighting uses. A recent flood event required our City staff to shut down the
pump station for a period of time and threatened to damage or destroy our water supply
infrastructure. Longer, more intense storms are inevitable. Our water supply is at immediate risk.
On March 3, 2020, the Salisbury City Council adopted a Resolution requesting the
Department's assistance in preventing future water quality standard violations and in mitigating
the sedimentation and flood risks to our water supply. A copy of the Resolution is enclosed (see
Enclosure 1). To follow up on the Resolution, Salisbury requests the Department to consider a
number of enforcement actions to address the risks to our water supply. Salisbury is submitting a
short statement that describes specific enforcement actions available to the Department and the
context and rationale for our enforcement requests (see Enclosure 2).
This matter is crucial to the health, safety, welfare, and economic well-being of the North
Carolinians who rely on our water supply system. In light of the recent flood event and the need
for haste, we think it would be helpful if you or your staff would be available for a meeting
during the week of March 16 to discuss the significant risks to Salisbury's water supply and
effective actions to reduce those risks. Unless your office suggests otherwise, our environmental
counsel, Randy Tinsley, will call your office to request a meeting schedule. Thank you for your
time and consideration.
Enclosures
cc (w/ enclosures):
Governor Roy A. Cooper
Salisbury City Council
Danny Smith, DWR Director
Paul Wojoski, DWR 401/Buffer Coordinator
Sincerely,
aren K. Alexander Mayor
Bill Lane, DEQ General Counsel
W. Lane Bailey, City Manager
J. Graham Corriher, City Attorney
V. Randall Tinsley, Environmental Counsel
217 Xorth Afain A P.D. Box 479 Salisbu,y, V.C. 28145 Phone: [phone] Far [phone]

ENCLOSURE 1
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City of Salisbury
r - North Carolina
RESOLUTION REQUESTING FEDERAL AND STATE ACTION TO PROTECT WATER
SUPPLY FOR 52,000 NORTH CAROLINIANS
WHEREAS, the City of Salisbury needs the State of North Carolina and the United States
government to require the immediate implementation of flood protection measures they mandated in 2015
and 2016 in order to prevent further disruption and destruction of infrastructure that is essential for the
operation of Salisbury's water supply system and prevent additional violations of North Carolina water
quality standards; and
WHEREAS, Salisbury's public water supply system provides potable water and fire -fighting
flows for 52,000 North Carolinians in the Rowan County communities of Salisbury, China Grove,
Cleveland, East Spencer, Faith, Granite Quart', Kannapolis, Landis, Rockwell, and Spencer, along with
unincorporated areas of Rowan County. The water supply system's sole source of raw water is
Salisbury's pump station that has been withdrawing water at the confluence of the Yadkin River and
South Yadkin River since 1917; and
WHEREAS, High Rock Dam was built in 1927 about 19.4 miles downstream of the Salisbury
pump station and is part of the Yadkin Hydroelectric Project. Cube Yadkin Generation LLC and Cube
Hydro Carolinas LLC ("Cube") own and operate the Yadkin Project subject to a federal hydropower
license (the "Federal License," issued by the Federal Energy Regulatory Commission) and a North
Carolina water quality certification (the "State Certification," issued by the Department of Environmental
Quality); and
WHEREAS, High Rock Dam severely disrupts the natural sediment transport function of the
Yadkin River, causing a major water pollution problem —sedimentation. The sedimentation produces the
massive High Rock sediment delta that increases the severity and frequency of flooding, damages and
imperils critical Salisbury water supply infrastructure, and causes violations of North Carolina water
quality standards; and
WHEREAS, Cube and Cube's predecessor (Alcoa Power Generating Inc.) have argued High
Rock Dam does not cause the sedimentation and flooding problems that threaten Salisbury's water
supply. The argument is contradicted by historical research and scientific and engineering modeling and
analyses. Salisbury commissioned expert studies of the sedimentation and flooding problems and took the
unusual step of asking FERC to obtain independent scientific peer review of the Salisbury -commissioned
studies. FERC did so, concluded the Salisbury -commissioned studies were reliable, and in 2007 published
a Final Environmental Impact Statement that confirmed in detail that the High Rock Dam causes the High
Rock sediment delta and increases the frequency and severity of flooding at the pump station and pump
station access road; and
WHEREAS, in early February 2020, rain caused Yadkin River flows to increase. The rising
water levels flooded the pump station access road and threatened Salisbury's essential water supply
pumping equipment with imminent damage or destruction. The City was forced to shut down power to
the pump station from about 10 p.m. February 7, 2020 until about 9 a.m. February 9, 2020, to prevent the
extreme hazards that would have been created if water reaching powered electrical equipment. The water
came within 18 inches of entering the pump station equipment room. If there were no High Rock
sediment delta, the highest water level would have been 10 feet lower; and
WHEREAS, Cube submitted to FERC on September 18, 2018, a proposed plan to implement
some of "the required sedimentation and flood protection measures, but the Cube plan is not well -
engineered and ignores important requirements, including access road relocation or floodproofing.
4817-0748-5622.v2

Salisbury provided expert engineer reviews and asked FERC to require implementation of a better -
engineered, complete plan. FERC has Cube's proposed plan and Salisbury's information under review;
and
WHEREAS, the Yadkin Project precluded Salisbury's water supply use of Class WS-IV and
Class WS-IV Critical Area waters from about 10 p.m. on February 7, 2020, until about 9 a.m. on
February 9, 2020, thereby violating North Carolina water quality standard 15A NCAC 2B .021](2) and
North Carolina Certification No, 4035 Condition 7; and
WHEREAS, accumulated sediment has almost completely buried one of Salisbury's two intake
structures and Cube has not removed the accumulated sediment as required by Condition 8 of the North
Carolina Certification and Article 401(a) of the FERC License; and
WHEREAS, since 2016, both the Federal License and the State Certification have mandated
sedimentation and flood protection measures for the pump station and access road. The measures have not
been implemented; and
WHEREAS, FERC has authority to require Cube to implement all of the required sedimentation
and flood protection measures. DEQ has its own independent authority to enforce the same requirement;
and
WHEREAS, if the mandated measures had been in place by February 6, 2020, essential
water supply equipment would not have been endangered, the water supply pump station would
not have been shut down, the access road would not have been impassable, and the water quality
standards would not have been violated. More severe floods are inevitable. 52,000 North Carolina
citizens need the required sedimentation and flood protection measures to be implemented fully
without further delay.
NOW, THEREFORE, BE IT RESOLVED by the Salisbury City Council that the City of
Salisbury, North Carolina, urgently requests the assistance of
President Donald J. Trump,
Governor Roy A. Cooper,
Senator Richard Burr,
Senator Thom Tillis,
Congressman Ted Budd,
Congressman Richard Hudson,
Federal Energy Regulatory Commission Chairman Neil Chatterjee, Commissioner Richard
Glick, and Commissioner Bernard L. McNamee, and
Department of Environmental Quality Secretary Michael S. Regan
in securing the prompt implementation of a well -engineered sedimentation and flood protection plan that
meets all of the requirements of North Carolina Water Quality Certification No. 4035 Conditions 8 and 9
and Yadkin Hydroelectric Project FERC license Article 401(a).
Adopted this the 3' day of March, 2020.
wren K. AI xander, Mayor
ATTEST•
Crook, Deputy City Clerk
4817-0748-5622.v2

ENCLOSURE 2
Discussion of Department of Environmental Quality Enforcement Options
The Department of Environmental Quality has authority to enforce compliance with North Carolina water
quality standards and water quality certification requirements. Salisbury requests that the Department carefully
consider enforcement options as one means of providing assistance requested by Salisbury City Council's
resolution adopted March 3, 2020.
Background Information
High Rock Dam and reservoir are components of the Yadkin Project, a federally licensed hydropower
project (Project P-2197). The Yadkin Project is operated by Cube Yadkin Generation LLC pursuant to its FERC
license and a water quality certification (no. 4035) ("Certification") issued by the Department. The requirements
of the Certification are explicitly incorporated into Cube's federal license.
Recent Flood Event. In early February of 2020, storms caused Yadkin River water levels to rise and to
threaten destruction of Salisbury's water supply pump station equipment. Salisbury was forced to shut down the
electrical power supply to the pump station (making it inoperable) from about 10 p.m. on February 7, 2020 until
about 9 a.m. on February 9, 2020 because of the imminent danger of rising water contacting electrical equipment
in the pump station equipment room. Thus, the Yadkin Project's unmitigated flooding effects precluded the City's
water supply use of Class WS-IV and WS-IV Critical Area waters of the Yadkin River for about 35 hours, in violation
of 15A NCAC 2B .0211(2). This violation of a water quality standard also violated Certification Condition 7.
The Yadkin River water level at the pump station crested on February 8, 2020, coming within about 18
inches of entering the pump station equipment room that houses electrical equipment. If there were no High Rock
Lake sediment delta, the highest river level would have been about 10 feet lower— in which case, the recent storm
would not have created an imminent danger of water reaching pump station electrical equipment and would not
have required the City to shut down the pump station; the pump station security fence would not have been
damaged; and the City would not have had to mobilize its back-up mobile water pumps to assure ongoing water
supply. The river flow that produced the February 8, 2020 highest water level crest was not an extraordinary event
and has a return frequency estimated by USGS at about 10 years. See SRU report at Attachment 1.
A more severe and longer -lasting storm event is an inevitable consequence of the Yadkin Project. Unless
the sedimentation and flooding effects of the Yadkin Project and its sediment delta are effectively remediated, a
larger storm will inevitably (a) damage or destroy essential water supply equipment and render the pump station
inoperable for an extended period of time and (b) cause additional violations of water quality standards and the
Certification conditions that were imposed specifically to protect Salisbury's water supply use.
Measures Required by Water Quality Certification. Both the federal license and the Certification require
Cube to develop and implement a sedimentation and flood protection plan that relocates the pump station and
access road or achieves the "same benefits" by, for example, flood -proofing the pump station and access road.
Cube submitted its proposed protection plan to FERC on September 18, 2018. But Cube's plan is poorly -
engineered and ignores the Certification's requirement to provide safe road access to the pump station. Salisbury
provided to FERC and DEQ expert engineering reviews and reports and requested approval and prompt
implementation of a well -engineered plan that would satisfy all license and certification requirements.
4817-0748-5622.v2

As of March 5, 2020, FERC has not published a decision on Cube's plan. Meanwhile, Salisbury's essential
water supply infrastructure remains at great risk — as demonstrated by the recent flood event.
Department Enforcement Options to Address Yadkin Project Violations
DEQ has authority to enforce the requirements of its water quality certifications. And the facts warrant
enforcement here: Cube has had more than three years to develop and implement an effective protection plan;
violations of water quality standards have occurred and future violations are certain to recur; and far more serious
disruptions of water supply operations and destruction of Salisbury's essential water supply equipment are
inevitable without prompt implementation of an effective protection plan.
The delays are significantly increasing the risk to Salisbury's water supply system. Immediate DEQ
enforcement action therefore is crucial to protecting our water supply. Salisbury requests that the Department
consider issuing the notices described below and undertake other appropriate enforcement actions that require
Cube to bring the Yadkin Project into compliance with state water quality standards and Certification
requirements.
1. Notice of Violation of two state requirements during the period from about 10 p.m. on February 7, 2020
until about 9 a.m. on February 9, 2020: (a) North Carolina water quality standard 15A NCAC 2B .0211(2)
and (b) Certification Condition 7. Condition 7 requires Cube to "conduct project operations ... in a manner
consistent with State water quality standards ... and any other appropriate requirements of State and
Federal law."
2. Notice that Cube's proposed sedimentation and flood protection plan submitted to FERC on September
18, 2018 does not comply with the requirements of the Certification because the plan fails to satisfy all
requirements of Condition 9 and fails to address concerns (including Salisbury concerns) raised by the
Division of Water Resources letter of June 14, 2018. A copy of DWR's letter is included as Attachment 2.
Among other things, Cube's plan proposes the use of watercraft as a replacement for safe road access
during flood events. Watercraft would not comply with Certification Condition 9.13 because their use
would not provide the same benefits as the City of Salisbury's design, which includes safe road access by
road relocation or by an alternative such as road flood -proofing.
3. Notice of regulatory requirements directing that Cube must promptly remove sand and other debris that
has accumulated at the western inlet of the Salisbury pump station's intake facilities (i.e., the original
intake structure) in order for the Yadkin Project to be in compliance with Certification Condition S.
4. Notice of regulatory requirements directing Cube to: (a) maintain the Surety Bond required by
Certification Condition 11.F until all of the improvements required by the Certification have been
completed, including the sedimentation and flood protection improvements required pursuant to
Condition 9, and (b) increase the amount of the Surety Bond to account for the cost of the additional work
that is required to bring the Yadkin Project into compliance with North Carolina water quality standards.
5, Notice of regulatory requirements directing Cube to provide to the Department a written update on
Cube's schedule for completing its implementation of a compliant sedimentation and flood protection
plan and other actions required in order for the Yadkin Project to comply with all of the requirements of
Certification Conditions 8 and 9.
4817-0748-5622.v2

ATTACHMENT 1
Sa/isbary�Rlwa�
MEMORANDUM
TO: JJ [Lane Bailey, City Manager
FROM:/mi nt Behnter, Utilities Director
DATE: February 27, 2020
SUBJECT: February 7-10, 2020 Flooding and Shut -Down of Raw Water Pump Station
Based on forecasts of rain, on Thursday, February 6th, 2020, SRU staff began monitoring NOAA
predictions of Yadkin River flows at the Yadkin College USGS stream gauge in order to predict
risk of flooding at the raw water pump station and access road. In our experience, when flows at
the Yadkin College gage exceed 20,000 cfs, flooding usually makes the pump station access road
impassable about 8 hours later.1
On February 6th, 2020, based on NOAA predictions of river flows, SRU staff also began
monitoring river levels at the pump station and access road.
On February 6, 2020:
• About 6 P.M. the river level overtopped the Deal Creek bridge making the pump station
access road impassible.
• The pump station was run continuously to fill the reservoirs to capacity in order to
prepare for potential shut -down or loss of the pump station.
• The emergency diesel pump was mobilized and prepared to be put in operation if the
pump station was lost or had to be shut -down for a period of time expected to deplete
reservoirs. NOTE: The emergency pumps each weigh several thousand pounds. They
must be frequently relocated (transported, set-up, connected, started, tom -down, shut-
down, disconnected, transported, etc.) to follow water levels as a flood advances or
recedes.
On February 7, 2020:
At 10 P.M. the river level was continuing to rise, creating the imminent risk of water
contacting electrical equipment in the pump station. The electrical power supply for the
pump station is 2300 volts. The power supply was disconnected at the transformer in
order to de -energize the pump station as water levels neared and threatened to reach and
damage or destroy electrical equipment. The site of the transformer remained above
flood waters throughout the February 2020 event,
' Flooding at the Grant Creek Wastewater Treatment Train follows somewhat different patterns. The High Rock
Lake sediment delta has significantly blocked off the mouth of Grant Creek, increasing flood levels in Grant Creek.
I Water Street Telephone [phone]
Salisbury, NC 28144 Salisbury -Rowan Utilities Fax [phone]
4817-0748-5622.v2

The Yadkin College gage reported a peak flow of 56,300 cfs at about I P.M. on
February 7. The return frequency of this flow is about 10 years. More severe flooding
than the flooding of February 2020 is inevitable.
On February 8, 2020:
• The river water level at the pump station crested at about 7 A.M. on February 8, 2020.
The river was within about 18 inches of entering the pump station equipment room.
• At about 9 A.M. the pump station was accessed by boat to determine whether it was safe
to restore power. Flood waters had not receded to a safe level for power restoration.
On February 9, 2020:
• At about 9 A.M the pump station was again accessed by boat. SRU staff determined that
flood waters had receded enough to allow for power to be restored.
• Pump station power was restored around 10 A.M.
• Water reservoirs had been drawn down to about 50% of capacity by the time power could
be restored.
• The pump station was nun continuously from 10 A.M February 91h to 5 A.M. February
1 Ph in order to restore reservoir water levels. Additional costs will be incurred for
pumping during Duke Energy's peak rate hours of 6 A.M. to 1 P.M.
On February 10, 2020:
• By mid -morning the pump station access road was passable.
• Security fence that was damaged due to the high flood waters and debris was secured
back upright by SRU staff.
Salisbury -Commissioned Flood Studies
Peer -reviewed scientific and engineering studies (e.g., Numerical Sedimentation Investigation,
Yadkin River, North Carolina (Copeland 2007), High Rock Dam and Sediment Delta Flooding
and Sedimentation Effects (1927-2058) on City of Salisbury Critical Infrastructure (Doyle 2007),
and Technical Report: High Rock Dam and High Rock Lake Sedimentation Flooding Effects as
Estimated Using HEC-RAS Modeling (SRU 2006)) have established that High Rock Lake causes
a massive sediment delta that increases the frequency and magnitude of flooding at the pump
station.
Information from these studies allowed SRU staff to determine that if there were no High Rock
Lake Sediment Delta, the February 8, 2020 flood crest would have been 10 feet lower, the storm
would not have created an imminent danger of water reaching pump station electrical equipment,
and SRU would not have had to shut down the pump station.
I Water Street Telephone [phone]
Salisbury, NC 28144 Salisbury -Rowan Utilities Fax [phone]
4817-0748-5622.v2