20030180 Ver 7_Emails_20100623

Dorney, John
From: Mead, Jim
Sent: Wednesday, June 23, 2010 5:04 PM
To: Sullins, Coleen; Dorney, John
Subject: FW: FERC request for clarification on Duke Power Nantahal Area 401's
Coleen and John,
Most of what FERC picked up on are oversights in the cut and paste process that are simple to
clarify and correct. However, the cut and paste issue in one condition of the Nantahala
Project 401 (FERC #2692) is a little more complicated.
The way section 8 of the Nantahala 401 certificate reads now:
8. Comprehensive Settlement Agreement - The Comprehensive Settlement Agreement dated October
23, 2003 is hereby incorporated into this Certification by reference. In particular, the
following sections, including any attachments identified within those sections, of the TCST
Settlement Agreement dated October 23, 2003 are hereby incorporated into this Certification
by reference: Section 1.0 (Reservoir Level Agreements); Section 3.0 (Minimum Flow Agreements
for Bypassed Reaches); Section 4.0 Scheduled High Flow Releases to Nantahala Bypassed Reach;
Section 6.0 Shoreline Management; Section 7.0 (Sediment Management Agreements); Section 9.0
Compliance Monitoring and Reporting Requirements as well as the Low Inflow Protocol Hydro
Project Maintenance and Emergency Protocol (HPMEP) and Minimum Flow For Bypassed Reaches for
the Nantahala Project.
The correction involves more than just replacing TCST with NCST, because the numbering of the
two sets of settlement agreement conditions are not the same. Note also that what I listed
in DWR's comments are just numbered in ascending order - they do NOT correspond to the
settlement agreement condition numbers. To agree with the conditions that John wanted to
bring particular attention to, section 8 of the Nantahala 401 certificate should be revised
to read:
8. Comprehensive Settlement Agreement - The Comprehensive Settlement Agreement dated October
23, 2003 is hereby incorporated into this Certification by reference. In particular, the
following sections, including any attachments identified within those sections, of the NCST
Settlement Agreement dated October 23, 2003 are hereby incorporated into this Certification
by reference: Section 1.0 (Reservoir Level Agreements); Section 4.0 (Minimum Flow Agreements
for Bypassed Reaches); Section 5.0 - article #406 Scheduled High Flow Releases to Nantahala
Bypassed Reach; Section 7.0 Shoreline Management; Section 9.0 (Sediment Management
Agreements); Section 13.0 Compliance Monitoring and Reporting Requirements as well as the Low
Inflow Protocol Hydro Project Maintenance and Emergency Protocol (HPMEP) and Minimum Flow For
Bypassed Reaches for the Nantahala Project.
The other cut/paste corrections are:
- Bryson and Franklin 401's mistakenly refer to Mission in one place in condition #3, two
places in condition #5 and one place in condition #7.
- The Nantahala 401 mistakenly refers to West Fork in one place in condition #3.
Let me know if you have any questions.
Jim
Jim Mead, Environmental Supervisor
NOTE NEW EMAIL ADDRESS Jim.Mead(@ncdenr.eov
919/715-5428 fax - 919/733-3558
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-----Original Message-----
From: [e-mail] [mailto:[e-mail]]
Sent: Wednesday, June 23, 2010 2:25 PM
To: [e-mail]
Subject: Document Service in P-2601-000,et al.
This notification is served on you in accordance with the requirements set forth in Section
385.2010 of the Commission's rules.
On 6/23/2010, the Federal Energy Regulatory Commission (FERC), Washington D.C., published the
following issuance:
Docket(s): P-2601-000
P-2601-007
P-2601-007
P-2603-012
P-2619-012
P-2692-032
Description: Letter requesting North Carolina Department of Environment and Natural Resources
to file w/in 20 days clarification of their intent to the 401 Water Quality Certificates for
the Bryson Project et al under P-2601 et al.
You can view the issuance at:
http://elibrary.FERC.gov/idmws/file list.asp?accession num=20100623-3032
You may also eSubscribe to the docket number(s) in the issuance by clicking on the following
link to login to FERC Online.
https://ferconline.ferc.gov/eSubscription.aspx
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