Alcoa donates three home sites in Badin to Stanly County Habitat for Humanity

APGI’s Nicole Wright presents the deeds to three vacant lots in Badin to Cemita Gibbs, executive director of Stanly County Habitat for Humanity.

Three new Habitat for Humanity homes will soon be coming to Badin, thanks to a land donation made by Alcoa Power Generating Inc. (APGI).

APGI has donated three vacant lots in Badin to Stanly County Habitat for Humanity. The organization expects to begin construction of new homes on these lots later this year.

“Alcoa’s partnership enables Stanly County Habitat to continue our mission that everyone should have a decent place to live,” said Cemita Gibbs, executive director of Stanly County Habitat for Humanity. “With these additional lots we will be able to give a ‘hand up’ and provide a no interest mortgage for additional families in our community. Alcoa is a corporation that sees the unique role home ownership plays in the development and resiliency of our community and we feel they are committed to helping make a difference.”

Alcoa has been a long-time partner of Stanly County Habitat for Humanity. It has previously donated two lots in Badin and a pickup truck to the organization.

“We’ve seen what a positive impact Habitat for Humanity makes in our community and we’re delighted that we can play a part in providing new homes to deserving families,” said Nicole Wright, APGI Foundation Coordinator. “Our employees look forward to volunteering on the construction of these new homes.”

NC issues 401 Water Quality Certificate for Yadkin Project

The State of North Carolina issued a 401 water quality certificate the Yadkin Project on Friday, October 23. 

"We are pleased the State of North Carolina has issued a water quality certificate for the Yadkin Project and we are in the process of reviewing it," said Ray Barham, APGI Relicensing Manager for the Yadkin Project. "The certificate clears the way to a FERC license that will allow us to implement enhanced water quality technology and additional environmental and recreational benefits promised by the Relicensing Settlement Agreement. We have been good stewards of the watershed for nearly 100 years and remain committed to meeting North Carolina water quality standards."

Click here to read the State's press release.

Judge confirms Alcoa’s ownership of Yadkin River property and dismisses state’s lawsuit

Alcoa Power Generating Inc. (APGI) scored another key legal victory over the State of North Carolina in federal court Monday when a federal judge confirmed the company’s ownership of the Yadkin River property where it operates four hydroelectric dams. U.S. District Court Judge Terrence Boyle granted APGI’s motion for summary judgment and dismissed the state’s lawsuit seeking ownership of the riverbed beneath the dams. 

“The evidence, even viewed in the light most favorable to the State, overwhelmingly demonstrates that Alcoa has title to the bed of the Relevant Segment,” concluded Judge Boyle.

APGI successfully argued that the company has valid title to the riverbed and has been in actual, open, adverse, exclusive, and continuous possession of the property for more than 50 years.

“Alcoa is pleased with the court’s ruling affirming our ownership of the Yadkin River property,” said Ray Barham, APGI Relicensing Manager. “With this ruling we encourage the State of North Carolina to quickly issue the 401 water quality certificate so we can begin making investments in water quality improvements and bringing other significant benefits to the region once a new federal license is issued.”

This is the latest in a string of legal victories for APGI. Judge Boyle in April ruled in Alcoa’s favor that the relevant portion of the Yadkin River was not navigable, a crucial distinction that squashed the state’s argument that it was entitled to special property rights.

On Friday, September 25, a Wake Court Superior Court judge upheld a previous ruling that the N.C. Division of Environment and Natural Resources exceeded its authority, acted erroneously and failed to act as required by law when it denied APGI a 401 water quality certificate. The denial was overturned and the state agency has been ordered to act on APGI’s application within 30 days.

Court upholds ruling that State agency unlawfully denied water quality certificate for Alcoa dams

Court upholds ruling that State agency unlawfully denied water quality certificate for Alcoa dams

Wake County Superior Court judge upholds ruling by administrative law judge, orders agency to issue decision on Alcoa application within 30 days

Alcoa Power Generating Inc. (APGI) won a significant legal victory in Wake County Superior Court on Friday when a judge upheld a previous ruling that the N.C. Department of Environment and Natural Resources (DENR) wrongly denied a water quality certificate that is necessary to relicense the company’s dams along the Yadkin River.

Superior Court Judge Bryan Collins ruled that an administrative law judge was correct in finding that DENR exceeded its authority, acted erroneously and failed to act as required by law when it denied APGI’s application for a water quality certificate in August 2013. Judge Collins denied the state agency’s appeal and ordered DENR to reconsider APGI’s application and issue a decision within 30 days.

“We’re pleased the court has reaffirmed what we’ve known all along: the state had no legal reason to deny our application. We urge the state to follow the judge’s order and quickly issue a water quality certificate for the Yadkin Project,” said Ray Barham, APGI Relicensing Manager for the Yadkin Project.

Judge Collins notes that in the days leading up to DENR’s decision to deny APGI’s application, “DENR’s customary process of reasoned review collapsed under the pressure of 11th hour action by the Governor’s office and the (Department of Administration), agencies outside of DENR and having no direct responsibility for the protection of water quality or the environment.”

Before the Governor’s office inserted itself into the review process, Judge Collins says a final report recommended approving APGI’s application and issuing a water quality certificate for the Yadkin Project.

“DENR would have issued a merits based decision on the Application on August 2, 2013, likely issuing a 401 in APGI’s favor, but not for the secret intervention of the DOA and the Governor’s office into the process…” states Judge Collins ruling. “The undisputed facts recited in the Order demonstrate that DENR reversed course at the last minute, only after Executive Branch pressure and the 11th-hour filing of the Lawsuit.”

The NC Department of Administration filed a lawsuit against APGI on August 2, 2013, claiming ownership of the land under the Yadkin Project dams. The case is currently being considered in U.S. District Court by Judge Terrence Boyle.

The state’s failure to issue a water quality certificate has resulted in the unnecessary delay of water quality protections and improvements. APGI cannot move forward with its plans to invest up to $80 million on water quality improvements at the Yadkin Project until it receives a new federal license.

“We remain committed to meeting North Carolina water quality standards and have a proven solution to continue improving water quality at the Yadkin Project,” Barham said.

The issuance of a water quality certificate is a precondition to Federal Energy Regulatory Commission (FERC) issuing APGI’s new long-term license to continue generating clean, renewable energy at the Yadkin Project. FERC staff has previously recommended issuing a new license to APGI.

Hot, Dry Summer Pushes the Yadkin-Pee Dee River Basin into Drought Watch

Residents are asked to conserve water

The Yadkin-Pee Dee Drought Management Advisory Group (YPD-DMAG) announced today that because of months of hot temperatures and reduced rainfall, the Yadkin Pee-Dee River Basin has entered a drought watch stage.

Stage 0 of the Low Inflow Protocol (LIP) is a drought watch stage alerting the YPD-DMAG members to monitor conditions more closely.  It is the first of five drought stages outlined by the YPD-DMAG.

Water inflow into the Yadkin Basin is down nearly 50 percent from historical averages. Stages of LIP indicators are based on the following triggers:

* Water storage in the four-reservoir Yadkin Hydroelectric Project (operated by Alcoa Power Generating, Inc. (APGI)) and in the two-reservoir Yadkin-Pee Dee Hydroelectric Project (operated by Duke Energy) has declined.

* Stream flows feeding the reservoirs are well below normal.

* U.S. Drought Monitor trigger indicates most of the basin is experiencing moderate drought conditions.

The LIP is the drought management plan developed during the relicensing of the two hydroelectric projects to share responsibility and set priorities to conserve the limited water supply during drought conditions.  The LIP coordinates actions aimed at reducing water use from APGI’s High Rock Lake, Tuckertown Reservoir, Badin Lake and Falls Reservoir as well as Duke Energy’s Lake Tillery and Blewett Falls Lake to effectively buy time for rains to return and replenish the lake system’s usable water storage.

APGI and Duke Energy will monitor inflow and lake level conditions and work together to protect the water supply and other uses of the river system to limit the impact of drought on residents and businesses of the Basin.

APGI requested and received a temporary variance from the Federal Energy Regulatory Commission (FERC) to conserve water by reducing required minimum flows out of the Yadkin Project. 

The YPD-DMAG was established during relicensing to monitor drought status and to recommend coordinated actions for the DMAG members. Members include North Carolina and South Carolina resource agencies, federal resource agencies, Duke Energy, APGI, homeowner groups and water suppliers.  The YPD-DMAG meets at least monthly when conditions reach Stage 0 or greater of the LIP. For more information about lake levels and drought conditions, visit www.duke-energy.com/lakes/.asp for information on the Duke Energy lakes or www.alcoa.com/yadkin/en/info_page/reservoir_data.asp for information on the APGI lakes. 

AP: Judge weighs dumping Alcoa lawsuit

Alcoa returned to U.S. District Court in Raleigh Thursday for a hearing related to the State of North Carolina's lawsuit regarding ownership of the riverbed beneath the Yadkin Project.

Here's a media report from the Associated Press about the hearing.

Judge weighs dumping Alcoa lawsuit

August 27, 2015

A federal judge questioned Thursday whether North Carolina was acting like a “banana republic” with its lawsuit challenging whether Alcoa Inc. owns the riverbed under Yadkin River dams it has operated for as long as a century.

U.S. District Judge Terrence Boyle quizzed lawyers for the state and the aluminum giant in court for an hour as he considered whether to dismiss the case. The lawsuit filed in 2013 challenges whether Alcoa holds clear title to the riverbed that allowed it to build the four dams and perhaps one day sell them.

Boyle asked state attorney Donald Teeter whether the lawsuit sought to punish Alcoa for closing its Stanly County aluminum smelter in 2007 where hundreds of people once worked.

“Why isn’t this like some banana republic that confiscates property?” Boyle said. “This is really a thinly veiled power grab.”

Read the entire article.

Legislators urge Gov. McCrory to end lawsuit with Alcoa

NC House Rep. Justin Burr, a Republican representing Montgomery and Stanly counties, recently shared on Facebook a letter that was sent to Gov. McCrory from five legislators who represent the Uwharrie region. The letter urges the state to drop its lawsuit and instead work with Alcoa to renew its hydro license and work together to attract new jobs to the region.

“We are writing to ask you to end the state’s lawsuit against Alcoa Power Generating Inc. (APGI) in light of two significant legal rulings against the state,” the letter says.

“These rulings make it increasingly clear that state and federal laws do not support the position of your administration. Continuing the state’s legal efforts to acquire ownership of the riverbed property or delay granting APGI a water quality permit is an irresponsible use of taxpayer dollars – and it negatively impacts the citizens we represent.”

Thank you to Rep. Burr, Rep. Rayne Brown (R – Davidson), Rep. Carl Ford (R – Cabarrus, Rowan), Rep. Harry Warren (R – Rowan) and Rep. Sam Watford (R – Davidson).     

Click here to read the entire letter.

Alcoa donates truck to Habitat for Humanity

Nicole Wright presents the keys to Habitat for Humanity Executive Director Cemita Gibbs and Fund Development Coordinator Jill Hatley.    

Alcoa Power Generating Inc. recently donated a 2001 Ford pickup F-250 extended cab truck to Stanly County Habitat for Humanity.

“Alcoa has been a fantastic community partner and we are so grateful for their continued support of Habitat for Humanity. We will put this truck to good use delivering materials and supplies between projects,” said Cemita Gibbs, executive director of Stanly County Habitat for Humanity.

Alcoa has previously donated land to Habitat for Humanity to build homes in Badin.

“Stanly County Habitat for Humanity has completed 45 homes in Stanly County and is currently working on #46. Habitat’s no interest mortgages allow families to attain the ‘American Dream’ of homeownership, but we also strive to unite businesses, churches, organizations and individuals together for one common goal of giving back to their community. Alcoa is a great community partner and recognizes the value giving back,” Gibbs said.

“We have tremendous respect and appreciation for the work that Habitat for Humanity does to make our community a better place. We’re delighted to provide this truck to help Habitat accomplish its work,” said Nicole Wright, Alcoa’s Foundation Coordinator.

Judge overturns denial of Alcoa’s water quality certificate

A judge has ruled that the NC Division of Water Resources (DWR) exceeded its authority, acted erroneously and failed to act as required by law when it denied Alcoa Power Generating Inc. (APGI) a water quality certificate that is required to relicense its hydroelectric project along the Yadkin River. As a result, the denial has resulted in “additional and unnecessary delay” of water quality protections and improvements.   

Administrative Law Judge Selina Brooks granted APGI’s motion to overturn the denial of its application for a 401 water quality certificate for the Yadkin Hydroelectric Project in a May 29 order. The court ordered the state to review APGI’s application "as expeditiously as possible” and issue a decision within 30 days. Click here to read the ruling.  

“The judge concluded what we have known all along – the Division of Water Resources had no legitimate grounds to deny our water quality certificate. We urge the agency to follow its rules and act quickly to issue a water quality certificate for the Yadkin Project,” said Ray Barham, APGI Yadkin Relicensing Manager.

In the order, Judge Brooks stated that “there appears to be no factual dispute that [APGI] satisfied the substantive requirements for issuance of a water quality certification.” She ruled that the decision to deny APGI’s application was an arbitrary and capricious decision that resulted in “manifest unfairness” to APGI.

When APGI’s application for a water quality certificate was denied on August 2, 2013, it was not the result of “careful consideration” or “impartial decision-making.” In the order, Judge Brooks stated that DWR exceeded its authority by admittedly basing the denial on a dispute over ownership of the riverbed beneath the hydroelectric project rather than water quality issues.

The issuance of a water quality certificate is a precondition to Federal Energy Regulatory Commission (FERC) issuing APGI’s new long-term license to continue generating clean, renewable energy at the Yadkin Project. FERC staff has previously recommended issuing a new license to APGI.

“This was never an issue about water quality. We have a proven plan in place to improve water quality and ensure compliance with the state’s water quality standards,” Barham said. “We are prepared to invest up to $80 million in the Yadkin Project to continue enhancing water quality in the Yadkin River.”

APGI and the State of North Carolina are currently involved in a lawsuit in U.S. District Court over the ownership of the riverbed. A federal judge resolved a key issue in the lawsuit in May when he ruled that the relevant section of the Yadkin River not navigable – a determination that prevents the State of North Carolina from asserting special ownership rights to the riverbed.

Alcoa Volunteers Assist Stanly County Seniors

A team of volunteers from Alcoa Power Generating Inc. spent Friday, May 8 working with Stanly County senior citizens as part of the United Way of Stanly County’s Day of Caring. The volunteer effort was part of an Alcoa ACTION grant that involves the donation of time and money to support local community causes.

Alcoa employees completed five landscaping and home repair projects through OASIS, a non-profit organization which provides Stanly County seniors with services that help maintain independence and dignity, prevent premature nursing home admittance, and enhance quality of life. The company will also provide a $1,500 grant to OASIS.

“We love working with the seniors in our community,” said Nicole Wright, the Alcoa Foundation’s local coordinator. “Our employees really enjoyed spending the day out in the community and the people we worked with were so appreciative.”

Update on Riverbed Lawsuit

I want to provide everyone with a brief update on the riverbed lawsuit that began this week in U.S. District Court in Elizabeth City, NC. The court ruled that the Yadkin River is non-navigable. We're pleased with the court’s ruling as it is a key point in demonstrating ownership of the land. 

As to the remaining issue of ownership, Judge Boyle directed the parties to submit their motions for summary judgment on title issue within 30 days. We look forward to proving ownership in the next phase of the case.

Here is an Associated Press article that summarizes the trial.

Associated Press

April 23, 2015

US judge: Riverbed property rights next in Alcoa dams fight

By Emery Dalesio

A federal judge ruled this week that boats could not navigate North Carolina's second-largest river system at the time of American independence, a decision that helps Alcoa Inc. as it tries to prove it owns the riverbed on which some valuable hydroelectric dams were built.

Judge Terrence W. Boyle said late Wednesday that the 40-mile section of the Yadkin River where Alcoa Inc. operates four hydropower dams was not navigable at the time the United States was born. States took control of their navigable rivers when they joined the union, so Boyle's ruling is a setback to North Carolina proving it still owns the riverbed.

Boyle opened a nonjury trial on Tuesday to hear a 2013 state lawsuit challenging whether Alcoa had property rights to build the dams. The dispute is about who will control the Yadkin's flow and billions of dollars of clean power for the coming decades.

Boyle's ruling means the trial now is likely to take up whether Alcoa can show property records proving it owns the riverbed the dams were built on.

Lawyers for both sides dug deep into the state archives and the Library of Congress to review accounts describing the river's navigability dating to before and soon after North Carolina became a state upon ratifying the Constitution in 1789.

The evidence included letters from an American Revolutionary general, expressions of sour grapes from Moravian settlers in the 1750s disappointed the land they bought near present-day Winston-Salem offered no navigable routes, and an 18th century landowner describing how he was able to use the Yadkin to ship his crops.