20030180 Ver 7_Other Agency Comments_20100528

AIM
® North Carolina Wildlife Resources Commission 0
Gordon S. Myers, Executive Director
May 28, 2010
Via Email
Mr. John Dorney
North Carolina Division of Water Quality
2321 Crabtree Boulevard, Suite 250
Raleigh, NC 27604
Subject: 401 Water Quality Certifications
Franklin Hydroelectric Project - FERC No. 2603; DWQ #2003-0180 v. 7
Mission Hydroelectric Project - FERC No. 2619; DWQ #2003-0181 v. 7
Bryson Hydroelectric Project - FERC No. 2601; DWQ #2004-1101 v. 6
Dear Mr. Dorney:
This correspondence is in reference to the May 4, 2010 public notices by the North Carolina
Division of Water Quality requesting public comment on the water quality certifications for the
relicensing of the referenced hydroelectric projects by owned by Duke Energy Carolinas LLC.
The North Carolina Wildlife Resources Commission (NCWRC) is concerned about the operation
of these projects and their potential adverse effects to the aquatic resources of the State,
including federally and state listed aquatic species. In the vicinity of the Franklin project, these
species include Appalachian Elktoe, Littlewing Pearlymussel, Rainbow, Slippershell, Tennessee
Pigtoe, Wavyrayed Lampmussel, Spotfin Chub, Sicklefin Redhorse, Olive Darter, and Wounded
Darter. The Mission project may affect Rainbow, Spike, Tennessee Clubshell, Tennessee Pigtoe,
Wavyrayed Lampmussel, Hellbender, Sicklefin Redhorse and Banded Sculpin. Near the Bryson
project, listed species include Appalachian Elktoe, Sicklefin Redhorse, Olive Darter, and
Wounded Darter.
We have reviewed the 401 applications for these projects. Duke Energy has also recently filed
with your office two sets of supplemental documents: 1) Lake Level and Flow Management
Plans (LLFMP) for the Bryson, Mission and Franklin Projects, submitted on May 26, 2010,
referred to as addendum #1 to each 401 application; and 2) Sediment Study Plans for the Bryson,
Franklin, and Mission Projects, submitted May 27, 2010, referred to as addendum #3 to each 401
application.
Mailing Address: 645 Fish Hatchery Road - Marion, NC 27652
Telephone: [phone] - Fax: [phone]
Duke Hydro 401 Certifications Page 2 May 28, 2010
We were involved in the FERC relicensing process for these three projects since 2000. More
recently we have been engaged in discussions with Duke Energy and others concerning the water
quality certifications, in particular plans and conditions to protect flow and water quality aspects
related to these projects.
The North Carolina Wildlife Resources Commission recommends that the Lake Level and Flow
Management Plan, the Maintenance and Emergency Protocol, and the Sediment Study Plan be
incorporated in their entirety in the 401 Water Quality Certification for each of the three
referenced projects. We also recommend that standard conditions applicable to hydropower
projects be included in the certification, including a re-opener provision.
These conditions are designed to ensure that adequate water is maintained downstream of these
projects at all times and that sediment and other materials discharged from the projects do not
degrade water quality in downstream reaches. These conditions are necessary to protect the
aquatic resources and habitats of the State and the benefits and services they provide.
If you have any questions concerning these comments, please call me at 828-652-4360 ext. 223.
Sincerely,
Christopher Goudreau
Hydropower Licensing Coordinator
copy via email: Jim Mead, NCDWR
Mark Cantrell, USFWS
Steve Johnson, Duke Power