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HomeMy WebLinkAbout20070812 Ver 1_Coastal Conversation League and American Rivers_20080507THE COASTAL CONSERVATION LEAGUE AND AMERICAN RIVERS May 7, 2008 Mr. John Dorney 401 Wetlands Certification Unit North Carolina Department of Environment and Natural Resources 2321 Crabtree Boulevard, Raleigh, NC 27604 RE: Alcoa Power Generation Inc., Yadkin Hydroelectric Project (FERC Project No. 2197) Section 401 Water Quality Certification Application (DWQ # 2007-0812) Dear Mr. Dorney: American Rivers and the Coastal Conservation League write to express our support for the conditions set forth in the Comprehensive Settlement Agreement (CSA) for the above-referenced project. We believe that the terms of the settlement are appropriate and should be reflected in any section 401 water quality certification issued by the Department. Please feel free to contact either of us if you have any questions regarding this letter. Sincerely, 1 Gerrit Jobsis American Rivers Director of Southeast Conservation 2231 Devine Street, Suite 202 Columbia, SC 29205 803-771-7114 F. James Cumberland, Jr. Coastal Conservation League Project Manager 2231 Devine Street, Suite 202 Columbia, SC 29205 803-771-7750 APGI WITHDRAWS APPLICATION FOR WATER QUALITY CERTIFICATE Decision gives state officials additional time to review new application regarding Yadkin Project BADIN, NC (May 9, 2008) - Alcoa Power Generating Inc. (APGI) has voluntarily withdrawn its application for a water quality certificate for the Yadkin Hydroelectric Project in response to a request from the N.C. Department of Environment and Natural Resources. The move will temporarily delay the relicensing of the Yadkin Project in order to provide the N.C. Division of Water Quality additional time to review the new application. "We decided that withdrawing our application and reapplying was the right thing to do. The additional time will ensure that all factors have been appropriately considered before a new water quality certificate is issued," said Gene Ellis, APGI licensing and property manager. APGI originally submitted its application for a water quality certificate on May 10, 2007 and the N.C. Division of Water Quality issued a water quality certificate for the Yadkin Project on November 17, 2008. That certificate was revoked last month when it was discovered that a required legal notice was not published in the newspaper. State officials published the required public notice and accepted public comments for a 15-day period ending on May 2, 2008. Federal laws require the State to act on APGI's application within one year - by May 9, 2008. That deadline provided little time for State officials to adequately address the public comments it received this month, prompting the request for APGI to withdraw and resubmit its application. "We expect the state to conduct a timely review of our new application and issue a new water quality certificate within the next several months," Ellis said. "We do not believe the additional public comments provided to the State include any new, relevant information regarding the discharges from the Yadkin Project." If adopted by FERC, the Relicensing Settlement Agreement, supported by 23 organizations across North Carolina and South Carolina, will significantly improve water quality in the Yadkin River. Other benefits include an extended recreation season, increased water withdrawals from the Yadkin River and greater protection of the water supply during times of drought. In addition, APGI will donate or sell more than 6,000 acres of land (approximately 40 percent of its land holdings in central North Carolina) for conservation, recreation and game lands. That includes the donation of more than 1,000 acres for the expansion of Morrow Mountain State Park. APGI is currently operating the Yadkin Project under a temporary license; the original 50-year license expired on April 30, 2008. The temporary license mirrors the conditions of APGI's original license and will remain in effect until a new long-term license for the Yadkin Project takes effect.