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.