20070812 Ver 2_More Info Letter_20090428

HUNTON
WHILALMS HUNTON & WILLIAMS LLP
POST OFFICE BOX 109
RALEIGH, NORTH CAROLINA 27602
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CRAIG A. BROMBY
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EMAIL: [e-mail]
April 28, 2009 FILE NO: 65215.000006
DOC NO: 27200659
Via E-Mail and Hand Delivery
Ms. Coleen H. Sullins
Director, Division of Water Quality
Department of Environment and Natural Resources
Archdale Building, 9th Floor
512 N. Salisbury Street
Raleigh, North Carolina 27604
Re: Alcoa Power Generating Inc. - Yadkin Project, No. 2197
DWQ #2007-0812 v. 2, Davidson, Rowan, Montgomery and Stanly Counties
Dear Ms. Sullins:
Alcoa Power Generating Inc. ("APGI") has reviewed the April 22, 2009, letter from Thomas
N. Griffin, III, on behalf of Stanly County (the "Stanly County submittal"), which was "entered
into the record" of the 401 Certification proceeding. Upon review, APGI believes that no new
issues have been raised by the Stanly County submittal, in addition to the fact that it was
submitted after the close of the record. Contrary to the suggestion in the submittal, there is
more than sufficient information in the record on which the Division of Water Quality
("DWQ") can make its decision to issue the 401 Certification. APGI notes further that many
of the water quality issues addressed in the Stanly County submittal are not a direct result of
the operation of the Yadkin Project, are not subject to regulation under Section 401 and will be
addressed through other processes (e.g., a TMDL process).
APGI considers its application complete. The matters discussed in the Stanly County submittal
present no new issues, and, thus, do not necessitate the submittal or consideration of any
additional information for the Director's decision, APGI notes that DWQ has already issued
401 Certifications for other FERC projects on the Catawba, the Yadkin, and the Roanoke based
on significantly less data concerning the quality of the waters and sediments. APGI notes
further that DWQ has already issued a 401 Certification for the Yadkin Project that was
revoked only because of a public notice issue.
Given these facts, APGI believes that there is no additional information that could be fairly
characterized as "necessary to the Director's decision," since nothing addressed in the
HUNTON&-
WHIIAMS
Ms. Coleen H. Sullins
April 28, 2009
Page 2
comments received at or after the public hearing has legitimately established a new area of
inquiry "necessary" to the issuance of the 401.
Nevertheless, APGI would appreciate your confirmation that the application for 401
Certification is indeed complete and that there is no information outstanding that you deem
necessary to your decision. We look forward to timely action on the 401 Certification on or
before May 7, 2009.
Sincerely yours,
Craig A. Bromby
CAB/psb
cc: Coralyn Benhart
William Bunker
John Dorney
Gene Ellis
Sonya Elam-Harden
David Poe