NORTH CAROLINA V. ALCOA, RIVERBED OWNERSHIP COURT FOURTH CIRCUIT APPEAL

On the morning of October 27th 2016, the state of North Carolina sent two former judges, Bob Orr & Eddie Greene, up to Richmond to argue to the Fourth Circuit Court of Appeals that the people of North Carolina, not Alcoa, own the bed of the Yadkin River throughout the 38 mile stretch on which Alcoa operates four hydroelectric dams.  At counsel’s table with them was Yadkin Riverkeeper’s attorney, Ryke Longest, of Duke University. Here is what happened.

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HOW HEALTHY IS HIGH ROCK LAKE?

High Rock Lake is a 15,000-acre reservoir on the Yadkin River and is the second largest lake in North Carolina after Lake Norman. At present, High Rock Lake is impaired for chlorophyll-a, due to nutrient over-enrichment. While this fact may give you cause for concern, it may also leave you with a question. What does it mean to be impaired for chlorophyll-a and what is nutrient over-enrichment?

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WHAT TO DO ABOUT A PROBLEM LIKE STORMWATER?

Winston-Salem’s Storm Water National Pollutant Discharge Elimination System (“NPDES”) permit is intended to protect the public drinking water, but there are currently not enough funds to take the necessary steps to manage runoff entering the Lower Salem Creek Watershed. Storm water utility fees could be used to fund projects and land conservation plans to protect the watershed and effectively manage polluted runoff.

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HOW IS NORTH CAROLINA DE-LISTING WATERS WITH HIGH COPPER LEVELS WHEN EPA TELLS THEM NOT TO?

There are a number of waterbodies in the Yadkin Pee Dee River Basin that are impaired by a high concentration of copper, some of which have been impaired for a number of years. Rather than develop a plan to reduce these impairments to a lower concentration of copper, the State has proposed to reclassify these waterbodies so that they do not trigger corrective actions required by State and Federal law.

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UPDATE ON THE COAL ASH CAMPAIGN

The following is a series of excerpts of Judge Biggs' ruling against Summary Judgement on our federal Clean Water Act case at Buck Steam Station on High Rock Lake.  Yadkin Riverkeeper brought this case to force clean up of ongoing and continuous discharges of coal ash to the Yadkin River via unpermitted seeps and contaminated groundwater flowing into the Yadkin River in September 2014.  Oral arguments on Summary Judgement were in August 2015 and Judge Biggs' decision came down in October 2015. 

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ADVENTURES ON THE YADKIN RIVER #2: PUTTING IN AT SHOALS ROAD

Driving down the dirt road to the put-in at the end of Shoals Road, you cross Hall Creek, one of the six tributaries along this part of the Yadkin River. This south bank is actually the far, southwest corner of Pilot Mountain State Park, and is maintained by the North Carolina Division of Parks and Recreation. What is striking about the put-in location is how calm the river appears – almost mirror-like. Do not be fooled by the placid waters. The excitement of Bean Shoals waits just downstream.

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