The first six months of 2022 have proven to be a pivotal time for the development of new water quality standards in the Yadkin Pee Dee River basin. Yadkin Riverkeeper’s job number one it to protect and improve the water quality in the entire river basin, which supplies drinking water to more than one million North Carolinas. We are diligently tracking all major regulatory, permitting and legislative initiatives that might impact water quality in our basin and statewide. Please see below for an update on YRK’s major advocacy priorities.
New site-specific chlorophyll-a standard for High Rock Lake – At its May ’21 meeting, the NC Environmental Management Commission’s Water Quality recommended a new chlorophyll -a standard for High Rock Lake go forward to a public hearing. The new standard, 35 micrograms/L, is less than the current standard the state uses for impairment of 40 micrograms/L. The state uses chlorophyll-a as an indicator of excessive nutrient loading and potential harmful algal blooms (HABs). The full EMC will be taking up the chlorophyll-a standard at its July 14 meeting and YRK is encouraging the Commission to pass the standard as approved by the EMC Water Quality Committee. For more information on the proposed rule click here.
2022 Triennial Review of State Water Quality Standards – As part of the state’s every three-year review of water quality standards, YRK successfully advocated for a new cyanide ambient water quality standard that will be based on the measurement of either total cyanide or available cyanide. The state had originally proposed to allow compliance with the standard by measuring the total or “free” cyanide, which would have been less restrictive. The new standard will have implications moving forward with the new stormwater permit being requested by the Alcoa Badin Business Park. The EMC approved the new standard at its March 2022 meeting, along with recommendations to move the state towards using a e. coli standard to measure bacterial contamination versus the current fecal coliform standard. The establishment of a statewide e. coli standard has been a long-term priority for NC Riverkeepers.
2022 Yadkin Pee Dee Basinwide Water Resources Management Plan – The EMC also will be reviewing and hopefully approving the 2022 Yadkin Pee Dee Basinwide Water Resources Management Plan at its July meeting. YRK reviewed the entire plan and provided extensive comments on plan, which highlights some of the major challenges facing the Yadkin Pee Dee basin, including the excessive nutrient and bacteria loading in the South Yadkin and Rocky Rivers. The report also highlights concerns regarding the lack of information on dry litter waste management associated with large scale poultry operations, incomplete data on water usage by agriculture and poorly maintained small wastewater treatment plants and single-family permitted sewer discharges, particularly in Forsyth and Davidson Counties.
High Rock Lake Nutrient Management Strategy – The NC Division of Water Resources (DWR) has initiated a multi-year process to develop a comprehensive Nutrient Management Strategy (NMS) for High Rock Lake (HRL). The effort will be tied to compliance with the new chlorophyll-a standard for HRL and will seek to bring all stakeholders to the table, including agricultural interests. YRK is advocating for numerical nutrient criteria for HRL that would be tied to nutrient reductions upstream from all sources, including wastewater treatment plants, agricultural runoff and stormwater from urban areas. Excessive nutrients and sediments from agricultural runoff, including dry chicken litter, are currently unregulated and uncontrolled. YRK is calling for more transparency and oversight of the large-scale poultry industry to better understand their waste management practices and contribution to the nutrient pollution. Other YRK recommendations on nutrient management strategies and nonpoint source pollution reduction can be found in our Roadmap to a Cleaner Yadkin. DWR is in the process of developing a facilitated stakeholder engagement process for developing the draft rule during the last half of this year. A draft proposal is expected in early ’23 and a final rule approved by the EMC and EPA two years later in 2025.
Concentrated Animal Feeding Operations (CAFO) Biogas Digester Permit Requirements – Yadkin Riverkeeper participated in the stakeholders’ process and submitted oral and written comments on the DWR’s proposed changes to the Animal Feeding Operations general permit to allow these facilities to add anerobic digesters to recover methane gas. YRK requested increased monitoring of groundwater, limitations on the land application of animal waste and annual reporting requirements for permitted facilities. YRK testified that capping liquid animal waste lagoons is inadequate to address the shortcomings of the existing lagoon/spray field waste management methods, especially for dairies along the South Yadkin River, which is already overburdened with nutrients and bacteria. YRK staff, board members and members testified at the public hearing held in Statesville on the new permit requirements. YRK speakers highlighted positive things in the new requirements, but noted that to achieve economies of scale, dairies would have to add more animals, which is the last thing the South Yadkin watershed needs. Speakers also successfully connected the pollution upstream to negative economic impacts downstream where communities are investing millions to develop new parks along the Yadkin and its major tributaries.
Alcoa Badin Business Park Stormwater Permit Application – YRK continues to work with its legal partners at the Duke Environmental Law and Policy Clinic (DELPC) and the Southern Environmental Law Center to hold Alcoa accountable for its pollution of Badin Lake and Little Mountain Creek. Most recently, YRK co-organized a stakeholder workshop with Alcoa to share information about Badin Business Park’s National Pollution Discharge Elimination System (NPDES) stormwater permit, which is up for renewal in October of this year. Representatives from 13 different stakeholders participated in the meeting, a summary of which is available by contacting the YRK office at info@yadkinriverkeeper.org. Despite covering many key issues going forward with the new NPDES permit currently under review by NC DWR, Alcoa has continued to hold private meetings with state officials and recently revealed a new proposal to discharge effluent from Outfall 005, which has consistently exceeded limitations for cyanide and fluoride, directly into a “mixing” zone in Little Mountain Creek. YRK and Protect Badin Lake have previously raised serious objections to using the “mixing zone” concept in Badin Lake for Outfall 012 and YRK is opposed to applying that concept, essentially, “dilution is the solution to pollution,” to Outfall 05. YRK would like to see both Outfalls 012 and 013 diverted to a treatment facility before being discharged into either Badin Lake or Little Mountain Creek. Both Outfalls discharge near public access and swimming areas on Badin Lake. The DELPC will submit comments on YRK’s behalf within the next two weeks, outlining what YRK would like to see in the new NPDES permit, including increasing monitoring frequency and the number of hazardous constituents being monitored, as wells as new effluent limitations for aluminum and other contaminants of concern.
Three Oaks Quarry in Yadkin County – The Yadkin County Planning Board recently voted 3-2 in favor of allowing a conditional use zoning permit to go forward for the proposed Three Oaks Quarry, near the town of Hamptonville. The quarry would mine gravel and dirt and be located near the West Yadkin Elementary School and three miles upstream of Lake Hampton, the county’s future water supply. Yadkin Riverkeeper testified at the Planning Board hearing in April, expressing opposition to the proposal and requesting the Planning Board obtain a copy of the mining permit before making any decision. The issue now goes to the Yadkin County Commission, which is scheduled to consider the zoning request at its August 15 meeting. If you are interested in supporting local grassroots efforts to stop the quarry, including paying for legal fees, please contact YRK Riverkeeper, Edgar Miller at edgar@yadkinriverkeeper.org.