The Final Barrier

The Stanly News & Press published on Tuesday a column I wrote regarding the latest developments regarding the Yadkin Project relicensing. Here's a copy of the column, titled "The Final Barrier":

When you stand atop the Narrows Dam, you can see for miles in every direction. There’s the Uwharrie National Forest and Morrow Mountain State Park, both remarkable for their pristine, undisturbed beauty. Between them flows the water of the Yadkin River.

That water – and four dams constructed along the river by Alcoa – has been the topic of much debate in Stanly County for more than a decade.

Dams, by definition, are a barrier. They capture the water flowing down the river and put it to good use – reservoirs like Badin Lake provide drinking water to local communities, generate clean and renewable energy, create recreational opportunities for people who love to swim, boat and fish, and spur economic development in the surrounding communities.

Alcoa has operated its dams along the Yadkin River for nearly 100 years. But when the company sought a new federal license for its dams, a new set of barriers emerged.

Many people in Stanly County were concerned about the jobs that were eliminated when the Badin plant closed. So shortly after the Badin plant was formally closed in 2010, we immediately began working to redevelop the property. We invested more than $10 million to transform the site into the Badin Business Park, which now ranks among the best industrial sites in North Carolina.

In 2011, Alcoa recruited the nation’s largest electronic waste recycler to Badin. ERI opened a regional recycling center that continues to grow.

Our commitment to jobs helped us reach an agreement with Stanly County last spring. The agreement includes significant investments to support economic development and provides the county with long-term access to clean, affordable water to support the county’s growth. We are now working in partnership with the county to recruit new jobs to the Badin Business Park.

In addition, we continue working to make Stanly County a better place to live. Alcoa awarded scholarships to local high school valedictorians, donated land for a Habitat for Humanity home in West Badin, and donated $20,000 to promote science and technology courses in Stanly County schools.

Only one barrier to a new license remained: obtaining a water quality certificate (known as a 401) from the NC Department of Environment and Natural Resources that recognized Alcoa’s commitment to meet state water quality standards.

In August, the agency was prepared to issue a 401 certificate for the Yadkin Project.

Our investment in new technology at Badin Lake had resulted in significant water quality improvements. In fact, our annual monitoring now shows that water leaving the Yadkin Project was meeting key water quality standards that will take affect once a new license is issued for the Yadkin Project.

With a proven technology in place and a commitment to spend an additional $80 million to fund further improvements upstream, Alcoa had successfully demonstrated its commitment to water quality.

After months of public hearings and careful evaluation by water quality professionals, DENR was ready to act. It prepared a copy of the 401 certificate and notified us about the impending announcement.

But a new, unexpected barrier emerged.

Gov. McCrory claimed the state owned the land under our dams and filed a lawsuit against Alcoa. His administration inserted itself into the regulatory process and insisted that DENR deny our 401 application.

So, once again, we find ourselves in a familiar place: fighting for the right to run the dams we built on the property we own. It’s a clear threat to our property rights – and the rights of anyone who owns property along a waterway in North Carolina.

For Stanly County, the lawsuit has unfortunate consequences.

It will further delay benefits such as the expansion of Morrow Mountain State Park, the development of a new waterfront park in Badin, the donation of land for a new water treatment plant, the funding of future economic development initiatives, and a host of other benefits for those who live or play on the lakes.

But our commitment to this community remains steadfast.

We will continue working to improve water quality and protect the beautiful natural resources along the river. We will continue providing time and money to support worthwhile causes in the community. And we will continue paying property taxes on the land we are fighting to protect.

We didn’t pick this legal fight, but we are prepared to defend our property rights in court. No matter how long it takes. 

Badin family moves into Habitat house built on Alcoa land

Layota Tillman and her two daughters will be celebrating Christmas this year in a new house built by Stanly County Habitat for Humanity. The house, built in West Badin on two lots donated by Alcoa, was formally presented to the Tillmans at a dedication ceremony on December 7.

“We are so grateful to everyone who helped make this home a reality. Alcoa donated the land and a hard-working team of volunteers worked together to make the Tillmans’ dream of home ownership come true,” said Cemita Gibbs, Executive Director of Stanly County Habitat for Humanity. “It is a true blessing.”

This is the 43rd home built by Stanly County Habitat for Humanity.

“It has been so rewarding to work with Habitat for Humanity on creating a new home in West Badin,” said Nicole Wright, who coordinates Alcoa Foundation grants in Stanly County. “Habitat for Humanity does great work in our community and Alcoa employees were proud to contribute to the success of this project.”

Alcoa Foundation donates $20,000 to Stanly County Schools

Alcoa Foundation announced today that it has awarded a $20,000 grant to Stanly County Schools. The grant will support efforts to improve student achievement in STEM subjects (Science, Technology, Engineering and Mathematics) among middle and high school students.  

 
“Stanly County Schools is thankful to Alcoa for the funding to provide our students with online STEM course opportunities,” said Sandra Carter, assistant superintendent of Stanly County Schools. “The funds will be utilized to develop courses in STEM areas that would otherwise not be available. We appreciate the support Alcoa provides to our students.”

The Alcoa Foundation grant will focus on personalizing STEM online courses for more than 4,500 students at 10 Stanly County schools. The program – called “STEM Education: It’s An Online Opportunity” – is designed to better prepare students for college by helping them become independent learners and analytical thinkers.

“Alcoa Foundation is committed to improve the environment and educate tomorrow’s leaders,” said Nicole Wright, Alcoa Foundation’s local representative. “We’re excited about helping train Stanly County students to become the scientists, mathematicians, and engineers who will be important to tomorrow’s economy.” 

In addition, the grant will support additional STEM enrichment opportunities and training for Stanly County teachers.  

Court rules in favor of Alcoa

Judge Terrence Boyle on Wednesday denied the State of North Carolina’s motion to remand its lawsuit against Alcoa back to state court. With that ruling, the lawsuit shall remain in federal court.

Alcoa has maintained that the suit belongs in federal court because the case revolves around the question of navigability as defined by Federal law. Judge Boyle agreed, noting that "questions of navigability for determining state riverbed title are governed by federal law."

See here for the complete filing.

Alcoa Moves to Protect Rare Plant Found Only Along Yadkin River

The U.S. Fish & Wildlife shared news today about Alcoa's efforts to protect the Yadkin River goldenrod, an exotic plant that is only found on the company's property in North Carolina. Here's the article:

Alcoa Moves to Protect Rare Plant Found Only Along Yadkin River

In the shadow of the 96-year-old Narrows Dam, biologists fanned out across the rocky banks of the Yadkin River earlier this fall searching for the Yadkin River goldenrod, a plant once lost to science and only found sporadically along a 2.5-mile stretch of shoreline on the Stanly-Montgomery county line.

The plant’s only known population in the world occurs on the banks of Falls Reservoir on land exclusively owned by Alcoa Power Generating Inc. (APGI). The company recently signed an agreement with the U.S. Fish & Wildlife Service to help ensure the wildflower doesn’t go extinct but instead has every opportunity to thrive.

“We saw an opportunity to do some simple things that would mean a lot for the future of the river’s namesake goldenrod,” said Karen Baldwin of APGI. “By being good stewards of this plant now, we’re doing our part to keep if off the endangered species list in the future.”

The agreement comes as the U.S. Fish & Wildlife Service makes strides toward proactively conserving rare species before they need to be listed on the Federal endangered species list. Taking steps to conserve a plant or animal before listing enables and encourages states, private landowners, Federal agencies, and other partners to play a central role in determining the best way to conserve these at-risk species. Such an approach is cheaper than trying to recover plants and animals that have declined further, and also avoids the need for increased protections afforded by placement on the endangered species list.

"This is a good example of how we can work together with the private sector to proactively conserve species to the point where federal protection is not needed,” said Leopoldo Miranda, the Service’s assistant regional director for ecological services in the Southeast Region. “Here in the Southeast we are evaluating hundreds of species for potential listing under the Endangered Species Act. Proactive partnerships with the states and the private sector, as demonstrated here, can be replicated throughout the Southeast.”

As part of the agreement, APGI will take several steps to protect the Yadkin River goldenrod. It will annually control invasive exotic plants that threaten to out-compete the rare goldenrod; post the area for anglers tempted to leave their boats and venture onto the APGI-owned shoreline; and support efforts to annually monitor the plant’s well-being. Additionally, the U.S. Fish & Wildlife Service will work with the N.C. Plant Conservation Program to explore opportunities to harvest and spread seed to boost the existing population.

The goldenrod was first discovered in 1894 and wasn’t seen again for several decades until two state biologists independently rediscovered it in 1994. Due to its extremely limited distribution, the U.S. Fish & Wildlife Service considered placing it on the Federal endangered species list, but declined due to a lack of threats.

“At one point, we considered this species safe because of the low-level of threats, however in more recent years that has changed, threats are increasing, and thankfully APGI wants to step in to help,” said Mark Cantrell, a biologist with the U.S. Fish & Wildlife Service.

Invasive exotic plants, such as Mimosa, privet, bush honeysuckle, and Japanese honeysuckle have taken root on the shoreline. These plants aren’t native to the area, but the lack of natural controls and rapid and prolific reproduction enables them to spread and dominate an area to the detriment of native plants. As the number of people in the area has grown, the site has seen increased activity by anglers, who occasionally leave their boats and enter APGI property, where they may inadvertently trample the rare plants.

Due to these increased threats, the U.S. Fish & Wildlife Service designated the goldenrod a candidate for the Federal endangered species list in 2005. However, the agreement signed between APGI and the Service, called a Candidate Conservation Agreement, is designed to avoid that fate by implementing a series of pro-active conservation measures to protect the plant.