Alcoa license denied by state

Aug. 02, 2013 @ 04:22 PM

The North Carolina Division of Water Resources this afternoon denied a 401 water quality certification for the Yadkin Hydroelectric Project submitted by Alcoa Power Generating Inc.

Alcoa's application certified that it owned the property, but a civil action filed by the N.C. Department of Administration Friday asserts that the state of North Carolina owns, and holds in trust for the people of North Carolina, the submerged bed of the Yadkin River and portions of the project’s dams standing on the state’s riverbed land.

“The division cannot consider the application to be a valid application until the issues of ownership of the submerged bed of the Yadkin River and the project’s dams are resolved by the parties or by a final order of the court in the pending lawsuit,” Tom Reeder, director of the Division of Water Resources, wrote in a letter to Alcoa.

If ownership issues and claims involving the project’s dams are resolved by the parties or a final order is entered in the pending lawsuit declaring ownership, the owner or owners may submit a new application, the Division of Water Resources says. "The division is prepared to expedite the processing and review of the application," the state agency reports.

Department of Environment and Natural Resources Secretary John E. Skvarla received a letter Thursday from the Secretary of the N.C. Department of Administration that challenges the validity of Alcoa’s application and certification of ownership.

Alcoa submitted the application Sept. 28 for the Yadkin Hydroelectric Project, a series of four power-generating dams in Davidson, Davie, Montgomery, Rowan and Stanly counties.