Environmental Group Asks Company to
Explain Why it Accepted and Then Denied Conditions for its Permit to Operate
the Yadkin Hydroelectric Project
WINSTON-SALEM, N.C. – The Yadkin Riverkeeper®
has announced a call for Alcoa to explain why it has flip-flopped and decided
to appeal its 401 Water Quality Certification from the N.C. Department of
Environmental and Natural Resources (NC DENR) for the Yadkin Hydroelectric
Project after saying it was fine with the terms of the permit when it was
issued May 7. In a petition for contested case hearing filed July 6 with
the N.C. Office of Administrative Hearings, Alcoa now claims that the certification
was issued unlawfully and objects to having to pay a $240 million surety bond
for the Project as well as address dissolved oxygen levels in the four dams
along a 38-mile stretch of the Yadkin River that make up the
Project. Along with its April 9 appeal of the fish consumption advisory
the N.C. Department of Health and Human Services issued Feb. 11 after
finding elevated PCBs in fish caught from Badin Lake (a reservoir within the
project), Alcoa has rejected virtually every
restriction the state has put on it for the Yadkin Hydroelectric Project this
year while at the same time claimed to follow all environmental laws for the
Project.
Dean Naujoks, the Yadkin Riverkeeper, said Alcoa does not want any
limits on its current setup with the Yadkin Hydroelectric Project as it files
for another 50-year federal license to operate it, especially ones that will
cost it money to comply with environmental regulations that apply to other
businesses in North Carolina.
“By filing this petition after previously saying in public they
were fine with the terms of the certification, Alcoa has shown it is concerned
more with its bottom line than with the needs of North
Carolina residents who use the Yadkin River
for drinking water, fishing, swimming and other recreational purposes,” said
Naujoks. “They even have the gall to conclude that ‘there remains the
possibility that additional petitions for contested case will be filed with
respect to 401 Water Quality Certification. There are hardly any other
conditions DENR issued in the certification that Alcoa has not already objected
in this petition.”
“Yadkin Riverkeeper filed suit against NC DENR on May 13 for
issuing the Water Quality Certification to Alcoa because we felt the agency failed to exercise
its full authority under federal Clean Water Act, which Administrative Law
Judge Webster agreed by issuing a temporary injunction. We also felt the NC
DENR ignored state laws regarding water quality protections and environmental
review, in this case,” added
Naujoks.
“Alcoa is now fighting for the water quality permit they requested
yet saying its restrictions are unfair and should be dropped. Apparently
in Alcoa’s view, DENR was right in issuing a permit but wrong in asking the
company to correct any of the environmental concerns the permit is supposed to
address. Alcoa is putting the public at risk by trying to block the state from
posting signs about PCB contaminated fish in Badin Lake,
while trying to thwart efforts to address environmental problems linked to
Alcoa. If there has ever been any doubt Alcoa is putting their own self
interest over the public interest, their petition just erased all doubts. They
should be ashamed of themselves! Why is the media ignoring this issue?”
Alcoa states in the petition that it believes North Carolina officials acted erroneously
and capriciously in delivering the terms of the water quality certification,
the same charge it made regarding the fish consumption advisory. This is
in spite of these facts:
- The N.C. Division of Water Quality, which is part of
DENR, issued a report in May that acknowledges Alcoa is in violation of
water quality standards for dissolved oxygen in the Project, that
“significant contamination” exists at the Alcoa site where 47 hazardous
waste sites have been identified and that some of the PCBs it found can be
traced to Alcoa’s operations.
- PCBs
are probable human carcinogens and are associated with other health risks,
including anemia; acne-like skin conditions; damage to the liver, stomach
or thyroid gland; changes in the immune system or reproductive system; and
behavioral problems. Because of those possibilities, the state always
issues advisories for bodies of water carrying PCBs that urge pregnant
women, nursing women and children under age 15 not to eat fish from them.
When
he was appointed Yadkin Riverkeeper, Naujoks reviewed reports of existing
contamination at Badin
Lake, a 5,300-acre body of water that
flows into the river in Stanly
County via Narrows Dam. It
is one of four reservoirs along a 38-mile stretch of the Yadkin River that comprise the Yadkin Hydroelectric
Project. Reports of decades of pollution in the area associated with a
now-defunct smelter Alcoa operated near it, including data that Alcoa
discharged such contaminants as PCBs into the air, land and waterways, prompted
Naujoks to investigate other items regarding the firm’s activities.
After
considerable discussions with all parties involved, Naujoks concluded that
Alcoa was a major reason for the contamination at the lake and the river, and
the company insufficiently planned to correct it as part of its license renewal
application for the Yadkin Hydroelectric Project. Therefore, he opposes its relicensing effort, because his obligations as
Yadkin Riverkeeper involve respecting, protecting, and improving the Yadkin Pee
Dee River Basin,
and Alcoa’s application fails to meet these goals for the river. Its recent
filings have only encouraged Naujoks in believing he is pursuing the right
course for the Yadkin.
“Alcoa
is asking for special treatment by the state, saying it does not have to abide
by its regulations ,” added Naujoks. “Let’s face the facts – the river is
contaminated, the contamination came from Alcoa, and Alcoa does not want to clean
it up or address environmental problems related to the dam
operations.” Indeed, the surety bond amount the state requires in its
certification is the very same figure Alcoa provided in its Relicensing
Settlement Agreement in its federal relicensing application, as it had promised
a $240 million investment to upgrade and improve the efficiency of its power
generators at the Project.
“So
what is wrong with guaranteeing that you will pay what you say you will pay –
unless of course you do not really plan to do so, and sell your project license
instead for a tidy profit? Alcoa has denied planning that, but the
suspicious circumstances here indicate otherwise, unless officials can explain
fully their turnabout on the permit’s conditions. Many other North Carolinians await the news as well.”
Alcoa must have a 401 Water Quality
Certification from DENR in order to proceed with its federal application for
another 50 years of overseeing the Yadkin Hydroelectric Project. The
Yadkin Riverkeeper filed a motion May 29 to consolidate the appeal of the DENR
certification with a similar appeal by Stanly County
into one case with the N.C. Office of Administrative
Hearings while the cases are pending before the state office. In the meantime,
Alcoa continues to operate the Project on an extension of its 50-year license
it received from the federal government in 1958.
About
the Yadkin Riverkeeper®:
The Yadkin Riverkeeper’s mission is to respect, protect and improve the Yadkin Pee
Dee River Basin
through education, advocacy and action. It is aimed at creating a clean
and healthy river that sustains life and is cherished by its people. To
achieve this vision, it seeks to accomplish the following objectives: sustain a
RIVERKEEPER® program, measurably improve water quality, reestablish native
bio-diversity, preserve and enhance the forest canopy, bring legal action to
enforce state and federal environmental laws, and teach and practice a “river
ethic” of ecological respect to all ages. For more information, visit http://www.yadkinriverkeeper.org
or call 336-293-8105.
About
Dean Naujoks:
Dean
Naujoks is the Yadkin Riverkeeper, employed by Yadkin Riverkeeper Inc. since
the fall of 2008 to manage and implement a river advocacy program for the Yadkin Pee Dee
River watershed in North Carolina that will keep it a healthy
and vibrant river for residents and businesses in the long term. Yadkin
Riverkeeper is a licensed member of the Waterkeeper Alliance, which connects
and supports local Waterkeeper programs to provide a voice and champion clean
water for waterways and their communities worldwide. A longtime water
quality advocate, Naujoks became the first Upper Neuse Riverkeeper in 2001 at
the nonprofit Neuse River Foundation. His job there was to monitor
conditions and advocate for protection of the Neuse
River from Falls
Lake to Goldsboro. He was appointed by Raleigh
Mayor Charles Meeker to serve on the joint government PCB Task Force to address
PCB contamination in Crabtree Creek from Ward Transformer. A graduate of N.C. State,
Naujoks created his own major in environmental policy and sustainable
development. He also worked for the NC Wild Life Federation from 1991-1999.
Naujoks has received American Rivers’ 2009 National “River Hero” Award on
behalf of his efforts.