20070812 Ver 2_Response to More Info Ltr 5_20090416

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HUNTON&
HUNTON&WILLIAMS LLP
POST OFFICE BOX 109
WHIJAMS RALEIGH,NORTH CAROLINA 27602
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CRAIG A.BROMBY
H DIRECT DIAL:919-899-3032
V�A[ERQUAUN EMAIL: [e-mail]
April 15, 2W9 dETW15N�,,NDSS6k'NAMR FILE NO: 65215.000006
DOC NO: 27109695
Via E-Mail and Hand Delivery
Ms. Coleen H. Sullins
Director, Division of Water Quality
Department of Environment and Natural Resources
1617 Mail Service Center
Raleigh, North Carolina 27699-1617
Re: Response to Second Additional Information Request, Yadkin Project, No. 2197
DWQ#2007-0812 v.2, Davidson, Rowan, Montgomery, and Stanly Counties
Dear Ms. Sullins:
In response to your request for additional information, dated March 27, 2009 ("2d AIR"),
regarding bathymetry data pertaining to Badin Lake, Alcoa Power Generating Inc. ("APGI") is
today providing to John Dorney on your staff five copies of a topographical map of a portion of
Narrows Reservoir(interchangeably referred to as Badin Lake), prepared for the Southern
Aluminum Company, dated January, 1913. As the map predates surveys of the area by the
U.S. Geological Survey, each elevation is reported as Yadkin Datum.
As I noted in my letter to you of April 3, 2009, it is APGI's understanding, based on a follow-
up conversation between John Dorney and Gene Ellis and your statement in the 2d AIR that
you are interested in the data with respect to the possibility of contaminated sediment moving
from the cove toward the dam, that the information sought is limited to bathymetry data
applicable to the sediment sampling transects between the cove and the dam. Additional
bathymetry data for the entire Narrows Reservoir are voluminous and do not address your
expressed interest.
The normal full pool elevation for Badin Lake is 541.1' Yadkin Datum(or 509.8' USGS
Datum). The map has been highlighted to indicate the approximate full pool elevation of the
reservoir. The map also shows pre-flood 20' contours between the cove area immediately
across from Alcoa Inc.'s Badin Works and the Narrows Dam, which includes the area of the
sediment sampling transects defined in the "Sediment Sampling Work Plan, Badin Lake,
Badin, North Carolina" (URS 2008), previously provided to the Division of Water Quality
(«DWQ").
In providing this map and bathymetric data, APGI does not agree that the information therein
provided is necessary to your decision on the 401 Certification. In fact, in a previous submittal
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Ms. Coleen H. Sullins
April 15, 2009
Page 2
entitled `Kadin Lake Data Review" (QEA 2009), the authors concluded, based on analyses of
sediment samples collected at a series of transects between the cove and the Narrows Dam, that
"[r]eleases from the Badin Works Facility have had no
discernable impact on sediment PCB concentrations and only a
local impact on sediment PAH concentrations. PAH levels
above background occur only near the Alcoa Badin Works site
and movement of the contamination away from the source over
decades of operation has been minimal. PCBs were not detected
in the sediments between the Badin Lake Swim Area and the Boat
Launch Area and the Narrows Dam."
(emphasis added). Consequently, while APGI has complied with the 2d AIR, the bathymetric
information neither significantly adds to nor amplifies the information previously provided in
2009 QEA Report, which amply addressed DWQ's concern with respect to the possibility of
contaminated sediment moving from the cove toward the dam. Bathymetry data may be one
factor influencing sediment movement, but the data from the collection and analyses of
sediment samples render the bathymetric data superfluous for 401 Certification purposes.
Therefore, as I stated in my letter to you of April 3, 2009, APGI's compliance with the 2d 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 reserves its right to challenge the necessity or relevance of the information requested,
and to assert that a waiver pursuant to 15A NCAC 2H .0507(b) has occurred.
Sincerely yours,
4 A-5
Craig A. Bromby
CAB/psb
Enclosures
cc: John Dorney(w/enc.)
Coralyn Benhart
William Bunker
Gene Ellis
David Poe
Sonya Elam-Harden

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