ALABAMA DEPARTMENT OF ENVIRONMENTAL MANAGEMENT

CLAY AND RANDOLPH COUNTIES

NOTICE OF APPLICATION REQUESTING 401 WATER QUALITY CERTIFICATION FROM THE STATE OF ALABAMA FOR THE LICENSE APPLICATION OF THE R.L. HARRIS HYDROELECTRIC PROJECT
PUBLIC NOTICE - 210

Notice is hereby given that the Alabama Power Company (applicant) has applied to the Alabama Department of Environmental Management (ADEM) for a Clean Water Act (CWA) Section 401 water quality certification as part of its Federal Energy Regulatory Commission (FERC) relicensing application for the hydroelectric power project at the R.L. Harris Dam.  The Alabama Department of Environmental Management (ADEM) is soliciting comments and information from interested parties regarding this application.

The Alabama Power Company, with its principal office located at 600 North 18th Street, P.O. Box 2641, Birmingham, AL, 35291-8180, has applied for a 401 water quality certification for the operation of turbine generators at the R.L. Harris Hydroelectric Project.  It is currently identified as the R.L. Harris Hydroelectric Project (FERC No. 2628) within the Tallapoosa River Basin near Lineville, Alabama.

Hydroelectric power projects are subject to the jurisdiction of the FERC under the Federal Power Act. A federal permit from FERC is required for the operation of hydroelectric power generating facilities and their potential impact on surrounding natural and cultural resources. In accordance with Section 401 of the Clean Water Act, this federal permit must include a certification from ADEM, as authorized by the Alabama Water Pollution Control Act (AWPCA), that the project will not violate state water quality standards. 

A copy of the certification application may be viewed on the ADEM web page at the following address: http://www.adem.alabama.gov/newsEvents/publicNotices.cnt.  In addition, persons wanting to review the application may request an electronic copy by contacting David Moore at (334) 274-4165 or djmoore@adem.alabama.gov.

Persons wishing to comment may do so in writing to the Alabama Department of Environmental Management, Attention: David Moore, Water Division, Alabama Department of Environmental Management, P.O. Box 301463, Montgomery, AL 36130-1463 (street address: 1400 Coliseum Boulevard, Montgomery, AL 36110-2400) or by email at djmoore@adem.alabama.gov.  Commenters should identify the project name on the first page of their comments.  In order to affect final decisions, all comments must address issues that have an impact on the applicant’s ability to comply with the environmental laws, rules, and regulations.  Written comments must be received by the Department prior to 5:00 p.m. on May 3, 2023.

Upon the expiration of the comment period, a response to all relevant comments will be prepared.  After consideration of all comments received during the notice period and the requirements of the Alabama Water Pollution Control Act and appropriate regulations, the Director will make a final decision regarding certification issuance. Notice of any final administrative action will be sent to any person who requests in writing notice of the final certification decision.

This notice is hereby given this 29th day of March, 2023, by authority of the Alabama Department of Environmental Management.

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Lance R. LeFleur
Director                                                      

Nondiscrimination Statement: The Department does not discriminate on the basis of race, color, national origin, sex, religion, age or disability in the administration of its programs.