Alcoa asks state agency to issue 401 certificate

By Jay Almond, News Editor

Thursday, May 8, 2008 May 07, 2008 01:59 pm

— Alcoa and Alcoa Power Generating Inc. (APGI) representatives maintain there is no reason the state should deny the company’s application for a Section 401 Water Quality Certificate.
The 401 Certificate is a document pivotal in the corporation’s aim to gain federal approval to manage local lakes for the next 50 years.
“The scope of the 401 deals with the discharge of the dams,” Alcoa licensening and property manager Gene Ellis said.
“The primary issue as it pertains to that is dissolved oxygen and we are addressing that issue.”
That issuance, if granted, would be in addition to a temporary one-year license Alcoa is currently operating under.
While Stanly County leaders contend Alcoa’s stewardship of local waterways has been detrimental to the environment and water quality, which, if proven could potentially deter the state from issuing the 401 Certification, the local power wholesaler disputes any negative effects resulting from its activities.
To illustrate the extent to which they believe Alcoa has adversely impacted the local ecosystem, county residents and officials submitted letters, reports and studies to the North Carolina Division of Water Quality (DWQ) that direclty challenge the condition of water in the Yadkin-Pee Dee River Basin.
Alcoa submitted documents to DWQ lobbying for a contrary position and request for issuance of the 401 Certificate.
“With the issuance of a Final Environmental Impact Statement April 18, FERC is now in a position of being able to issue a new license for the Yadkin Project once the requirements of Section 401 are met,” attorneys David R. Poe and Craig A. Bromby wrote to DWQ on Alcoa’s behalf.
“Given the scope of Section 401 of the Clean Water Act, as applied to APGI’s application before DWQ, DWQ has all the factual information that it needs to render a decision in the public interest.”
The nature of how public interest is addressed is at the crux of the dispute, and at the public comment session’s conclusion, DWQ will be responsible for rendering a decision.
Whether the decision will lean more in favor of residents affected by the Yadkin-Pee Dee watseshed if made for county or corporate claims remains subjective, but DWQ has accepted its lot of information.
DWQ is charged with ensuring the pending agreement and license is suitable for not only filing requirements, but also maintenance and enhancement of water quality in the state.
As such, the call will initially be made at the state level and subsequently put forth to the Federal Energy Regulatory Commission.
Jay Almond can be contacted by email at snaponline21@carolina.rr.com.