20070812 Ver 2_Response to More Info Ltr 3_20090403

HUNTON
Vali"s
April 3, 2009
Via Electronic Mail and Regular Mail
Ms. Coleen H. Sullins
Director, Division of Water Quality
Department of Environment and Natural Resources
1617 Mail Service Center
Raleigh, North Carolina 27699-1617
HUNTON & WILLIAMS LLP
POST OFFICE BOX 109
RALEIGH, NORTH CAROLINA 27602
TEL 919 •899 •3000
FAX 919.833 •6352
CRAIG A. BROMBY
DIRECT DIAL: 919-899.3032
EMAIL: [e-mail]
FILE NO: 65215,06
DOC NO: 27048984
Re: Second Additional Information Request - Yadkin Project, No. 2197
DWQ #2007-0812 v, 2, Davidson, Rowan, Montgomery and Stanly Counties
Dear Ms. Sullins:
Alcoa Power Generating Inc. ("APGI") has received the above-referenced request for
additional information dated March 27, 2009 ("AIR") in connection with its application
("Application") for the above-referenced 401 Water Quality Certificate ("401"). This letter is
to inform you that APGI intends to furnish the information requested in the AIR in a timely
fashion. Presently, APGI plans to provide the data described below on or before April 17,
2009. Based on a follow-up conversation with DWQ staff and Gene Ellis and your statement
in the AIR that you are interested in the data with respect to the possibility of contaminated
sediment moving from the cove toward the dam, APGI will gather and provide bathymetry
data applicable to the sediment sampling transects between the cove and the dam. Additional
bathymetry data for the entire Narrow Reservoir (`Kadin Lake") are voluminous and do not
address your expressed interest.
Please be aware that by providing the requested information, APGI does not concede that its
application is incomplete, nor that the information requested is necessary to the Director's
decision on the 401 Certification. The response to the AIR should not be construed as
agreement to a waiver of the period for review as provided at 15A NCAC 2H .0507(b). APGI
expressly declines to agree to any extension of the review period.
APGI notes that DWQ has already issued a 401 Water Quality Certification for the Yadkin
Project that was revoked only because of an irregularity in the publication of public notice.
Given that fact, it would seem unlikely that any of the information requested is now "necessary
to the Director's decision," since APGI does not believe that anything that has been addressed
in the comments received at or after the public hearing has legitimately established a new area
HLINDON
WHIJAMs
Ms. Coleen H. Sullins
April 3, 2009
Page 2
of inquiry "necessary" to the issuance of the 401. APGI reserves its right to challenge the
necessity and/or the relevancy of the information requested, and to assert that a waiver
pursuant to 15A NCAC 2H .0507(b) has occurred in the event timely action is not taken on the
Application, or in the event any modifications to the original 401 are inserted into a new 401
water quality certification ultimately issued by DWQ.
Sincerely yours,

Craig A. Bromby
CAB/psb
cc: Coralyn Benhart
Gene Ellis
John Dorney
Roger Edwards, Asheville Regional Office
Jon Risgaard, Aquifer Protection Section