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HomeMy WebLinkAbout20031112 Ver 5_401 Application_20081210P Duke Energy, December 8, 2008 Mr. John Dorney V AVNIN21 DEC 1 0 2008 DENR.WATER 0UAUTY ,NET J5ANDSM W1?M North Carolina Division of Water Quality (NCDWQ) 2321 Crabtree Blvd. Raleigh, NC 27604 Duke Energy Lake Services PO Box 1006 / EC12Q Charlotte, NC 28201 4C?o Re: Withdrawal and Re-submittal of Application for 401 Water Quality Certification East Fork Hydroelectric Project, FERC No. 2698 DWQ # 03-111 Ve4- Jackson County, North Carolina Dear Mr. Dorney: By a letter dated December 7, 2007 Duke Energy Carolinas, LLC ("Duke") filed a 401 Water Quality Certification (401 WQC) application with the North Carolina Division of Water Quality (NCDWQ) for relicensing of the East Fork Project. Duke requested that NCDWQ place a hold on processing the 401 WQC application for the East Fork Project until the final disposition of the Dillsboro Hydroelectric Project No. 2602 is resolved with both the NCDWQ and the Federal Energy Regulatory Commission (FERC). The license surrender application for the Dillsboro Project was filed with FERC on May 28, 2004, and FERC issued an order dated July 19, 2007 accepting the surrender of the Dillsboro Project license and directing the removal of the dam and powerhouse. The FERC also issued an order on April 22, 2008 providing its response to requests for rehearing of its July 19, 2007 Dillsboro license surrender order, upholding its order with minor modification. Since the one-year timeframe that FERC allows states to process 401 WQC applications expires on December 10, 2008 (i.e., one year following the date that Duke's WQC application was stamped accepted by NCDWQ) for the East Fork Project, Duke hereby withdraws the previous 401 WQC application that was stamped received by NCDWQ on December 11, 2007 and is simultaneously submitting a new 401 WQC application to NCDWQ for the East Fork Project. Enclosed is the application fee of $570 for the East www.duke-energy.com Fork Project. At this time, Duke is requesting that the NCDWQ provide public notice of Duke's application and proceed with the processing of the East Fork Project 401 WQC application. If there are any questions, please call Steve Johnson at 704-382-4240 or Ed Bruce at 704- 382-5239. Sincerely, Steven D. Jester, Vice President Hydro Licensing and Lake Services Duke Energy Carolinas, LLC cc: Mr. Kevin Barnett, Asheville NCDWQ Regional Office Mr. Steve Reed, NC Division of Water Resources Secretary, FERC Steve Johnson, Duke Energy Carolinas, LLC Jeff Lineberger, Duke Energy Carolinas, LLC EAST FORK HYDROELECTRIC PROJECT FERC No. 2698 SECTION 401 WATER QUALITY CERTIFICATION APPLICATION TO THE NORTH CAROLINA DIVISION OF WATER QUALITY C, UN CO. sitym DD.LE/0110 a€ str `? CKSON CO. Fr l r ? LAKE MACON CO. IA RABUN CO. Prepared by: DUKE ENERGY CAROLINAS, LLC Charlotte, North Carolina DECEMBER 2008 Duke IEnergy. 0 DWQ ID: 03-1113 FERC 401 WATER QUALITY CERTIFICATION APPLICATION For existing Federal Energy Regulatory Commission (FERC) Permits * SEND SEVEN (7) COPIES AND THE APPROPRIATE FEE (SEE ITEM # 16)* OF THIS APPLICATION TO: THE NC DIVISION OF WATER QUALITY ATTN: JOHN DORNEY 2321 CRABTREE BLVD., SUITE 250 RALEIGH, NC 27604 (PLEASE PRINT OR TYPE) 1. OWNER'S NAME: Duke Energy Carolinas, LLC ("Duke") • 2. MAILING ADDRESS: 526 South Church Street, P.O. Box 1006 CITY: Charlotte STATE: North Carolina ZIP CODE: 28202-1006 PROJECT NAME: East Fork Tuckasegee River Hydroelectric Proiect, FERC No. 2698 PROJECT LOCATION ADDRESS (IF DIFFERENT FROM MAILING ADDRESS ABOVE): Cedar Cliff Station 1478 Canada Road Tuckasegee, NC 28783 Bear Creek Station 4016 Canada Road Tuckasegee, NC 28783 Tennessee Creek Station 41 Mountain Farm Road • Tuckaseue, NC 28783 Version 1.0 January, 1999 3. TELEPHONE NUMBER: (WORK) 704) 382-5942 • 4. IF APPLICABLE: AGENT'S NAME OR RESPONSIBLE CORPORATE OFFICIAL, ADDRESS, PHONE NUMBER: Mr. Jeffrey G. Lineberger, Manager Hydro Licensing, Duke Energy Carolinas, LLC 526 South Church Street, P.O. Box 1006, Charlotte, NC 28201-1006 5. LOCATION PROJECT (PROVIDE A MAP, INCLUDING A COPY OF USGS TOPOGRAPHIC MAP OR AERIAL PHOTOGRAPHY WITH SCALE): COUNTY: Jackson NEAREST TOWN: Tuckasegee SPECIFIC LOCATION (INCLUDE ROAD NUMBERS, LANDMARKS, ECT.) See attached maps 6. IMPACTED STREAM/RIVER: East Fork Tuckasegee River RIVER BASIN: Little Tennessee River Basin CURRENT DIVISION OF WATER QUALITY (DWQ) CLASSIFICATION: East Fork Tuckasegee River and all regulated tributaries: WS-III, Class B, Class C, OWR, TR 7. (a) IS THE PROJECT LOCATED WITHIN A NORTH CAROLINA DIVISION OF COASTAL MANAGEMENT AREA OF ENVIRONMENTAL CONCERN (AEC)? YES T NO (b) IF THE PROJECT IS LOCATED WITHIN A COASTAL COUNTY (SEE PAGE 7 FOR LIST OF COASTAL COUNTIES), WHAT IS THE LAND USE PLAN (LUP) DESIGNATION? 8. (a) ARE ADDITIONAL PERMIT REQUESTS EXPECTED FOR THIS PROPERTY IN THE FUTURE? YES 1 NO © IF YES, DESCRIBE ANTICIPATED WORK: 9. (a) ESTIMATED TOTAL NUMBERS OF ACRES IN PROJECT: The total East Fork Proiect acreage is 820 acres (surface area at full pond of all reservoirs) and approximately 424 acres of land. The East Fork Proiect includes the following reservoirs: ¦ Cedar Cliff Lake-121 acres at full pond elevation of 2,330 feet; ¦ Bear Creek Lake - 476 acres at full pond elevation of 2,560 feet; • ¦ Tanasee Creek Lake- 40 acres at a full pond elevation of 3,080 feet; Version 1.0 January, 1999 • ¦ Wolf Creek Lake -183 acres at a full pond elevation of 3,080 feet. 10. PROVIDE AN APPROPRIATE ENVIRONMENTAL DOCUMENT. THE DOCUMENT SHOULD ADDRESS: (a) DATA SHOWING THAT A 7Q10 MINIMUM FLOW WILL BE PROVIDED The East Fork Proiect is operated as a peaking proiect under normal flow and water conditions. During periods of high stream flow and high reservoir elevation, the plant is operated at maximum load, 24 hours a day if necessary to minimize spilling. In accordance with the Tuckasegee Cooperative Stakeholder Team (TCST) Settlement Agreement several flow related Protection, Mitigation, and Enhancement Measures (PM&E) were agreed upon by the stakeholder team including the NCDWO (see the attached Settlement Agreement- Section 4.0 for details). These minimum flow related measures are as follows: ¦ Duke shall provide minimum flows from the proiect as follows: (1) a flow during non-generation hours only of 10 cfs from December 1 through June 30 of each year and 35 cfs from July 1 through November 30 of each year to • the East Fork of the Tuckasegee River from the Cedar Cliff Powerhouse, and (2) a flow of 6 cfs from January 1 through December 31 of each year into the Wolf Creek Bypassed Reach from Wolf Creek Dam. These flows will begin on January 31, 2006, or upon acceptance of the new FERC license by the Licensee, whichever is later. Duke may temporarily vary from the minimum flows identified above if required by conditions beyond the Licensee's control or by operating emergencies or maintenance needs as defined in Attachments B and C of the attached Settlement Agreement. Such temporary variances shall be in accordance with the Low Inflow Protocol or the Hydro Project Maintenance & Emergency Protocol, incorporated into the attached Settlement Agreement. ¦ Duke shall calibrate the meters used to monitor minimum flows within 60 days following installation of the new valves at Wolf Creek Dam and Cedar Cliff Powerhouse and at least once every two years thereafter. ¦ The Parties to the Settlement Agreement agree that Duke will continue providing each minimum flow for each release point as specified by the current license, even after expiration of the current license, until the new minimum flow, pursuant to the New License, for any specific release point is • required to be implemented under terms of the New License Version 1.0 January, 1999 • (b) A COST BENEFIT ANALYSIS OF THE PROJECT SHOWING WHY THE PROJECT IS STILL NECESSARY Please see Exhibit H (Supplemental Information), Section H2.0 of the East Fork Draft License Application for pertinent cost benefit information. A summary is as follows: The benefits of the East Fork Project as a resource for both capacity and energy can be expressed in terms of avoided costs. For the purposes of this evaluation, avoided costs are energy and capacity costs, which would be incurred if this particular hydro project was not available. These costs can be estimated by the Applicant to evaluate alternative resources, which have a similar impact on system energy and capacity costs. The Applicant can connect to the main Duke Energy system at the Tuckasegee Substation in Jackson County. Duke can acquire additional power from the Tennessee Vallev Authority (TVA) thru an interconnection at the Santeetlah Substation in Graham County. Under normal conditions, either of these two suppliers is capable of providing the necessary replacement energy although at a higher system price. • The average annual generation for the East Fork Proiect is approximately 94,710 MWh. This figure is based on a Tennessee Creek Hydroelectric Station average of 40,599 MWh (1956-2002), a Bear Creek Hydroelectric Station average of 31,036 MWh (1955-2002), and a Cedar Cliff Hydroelectric Station average of 23,075 MWh (1953-2002). If the license were not granted the Applicant would incur an additional expenditure Using the average annual generation and the SCHEDULE PP-H (NC) 15-year fixed rates for a small hydro project with storage capability and transmission connection as the proxy alternative, the current annual cost of replacement would be approximately $3,203,400. The Cedar Cliff, Bear Creek, and Tennessee Creek Hydroelectric facilities and the Applicant's other hydro facilities produce the lowest cost energy available for the Applicant and its customers By keeping its costs low, the Applicant can in turn keep its electric rates low for its retail and wholesale customers. If the license were not granted for the East Fork Hydroelectric Proiect, the Applicant would incur an additional expenditure The increase in energy costs to customers if a license is not granted is computed as the difference in the cost of replacement power and the cost of power produced by the Proiect. If the license is not granted the subsequent increase in energy costs from purchased replacement power (estimated currently at $3,203,400 annually as described above) may result in higher electric rates for the • Applicant's retail and wholesale customers Version 1.0 January, 1999 Duke derives all of its generation from its eleven (11) hydroelectric stations located in the Nantahala Area. When water is available to run these units, they are the least cost option for the Applicant and its customers. Duke has a shortage of generation capacity relative to its current Nantahala Area demand. During all of the year, Duke must acquire additional power from either TVA or the rest of Duke Energy's system to satisfy the demand in the Nantahala Area. Loss of the Cedar Cliff, Bear Creek, and Tennessee Creek Hydroelectric facilities would increase the generation shortfall and increase dependence on external power supplies. (c) DESCRIPTION OF LENGTH OF BYPASS REACH (IF ANY) AND MEASURES TO PROVIDE FLOW TO THE REACH IN LOW FLOW CONDITIONS. There are four separate bypassed reaches associated with the East Fork Hydroelectric Proiect: Tanasee Creek Bypassed Reach, Wolf Creek Bypassed Reach, Bear Creek Bypassed Reach and the Cedar Cliff Bypassed Reach. The Tanasee Creek Bypassed Reach is approximately 1.5 miles from the dam to the confluence of Wolf Creek and Tanasee Creek. The Wolf Creek Bypassed Reach is approximately 2.1 miles from the base of the dam to the confluence of Wolf Creek and Tanasee Creek. The Bear Creek Bypassed Reach is approximately 0.30 miles from the base of the dam to the Bear Creek Powerhouse and the Cedar Cliff Bypassed Reach is approximately 0.42 miles from the base of the dam to the Cedar Cliff • Powerhouse. Combined for the entire project, the bypassed reaches total 4.32 miles. The current License for the East Fork Project currently has Protection, Mitigation, and Enhancement Measures (PM&E) in place to protect water quality within the Proiect. Duke agreed to the following PM&E measures on May 5, 1999 under the current FERC license: The 1999 Settlement Agreement provides for the Licensee to release a minimum instantaneous flow of 10 cfs into the East Fork of the Tuckase ee River to provide a continuous flow in the two miles of stream between Cedar Cliff Powerhouse and the confluence with the West Fork of the Tuckase ee River. The Licensee will also provide up to $30,000 to the U.S. Forest Service for the rehabilitation of the outlet works for a cold-water release at Balsam Lake in mitigation for the Wolf Creek Bypassed Reach The 2003 TCST Settlement Agreement provides for several minimum flow measures as described in 10(a) of this application and found in Section 4.0 of the attached Settlement Agreement. ¦ Minimum Flows in Bypassed Stream Reaches - Assume the new license for the East Fork Proiect will include the following normal requirements for • minimum releases from hydro proiect works into bypassed stream reaches to Version 1.0 January, 1999 • enhance water quality and/or aquatic species habitat: a. Wolf Creek Bypassed Reach - 6 cfs continuous release from a valve to be installed at Wolf Creek Dam. Minimum Flows in the Tuckasegee River Main Stem - Assume that the new licenses for the East Fork and associated West Fork proiects will include the following minimum flow requirements for the main stem of the Tuckasegee River: a. 30 cfs combined minimum flow from December 1 through June 30 (assuming inflow into Tuckasegee Lake is greater than or equal to 20 cfs) and provided by the same means as the existing provision: 1) Continue existing minimum flow at the West Fork's Tuckasegee Dam (20 cfs or inflow, whichever is less). 2) Continue existing minimum flow at Cedar Cliff Powerhouse (10 cfs from a valve at the hydro station during non-generation hours only). When Cedar Cliff Powerhouse is generating, the minimum flow valve is turned off b. 55 cfs combined minimum flow from July 1 through November 30 (assuming inflow into Tuckasegee Lake is greater than or equal to 20 cfs) and provided by: 1) Continue existing minimum flow at Tuckasegee (20 cfs or inflow, whichever is less). 2) Increase the minimum flow valve capacity at Cedar Cliff and provide 35 cfs minimum flow during non-generation hours only. When Cedar Cliff • Powerhouse is generating, the minimum flow valve is turned off. Non- generation minimum flow requirements of 10 cfs from December 1 through June 30 and 35 cfs for the remainder of the year will be met by construction of a either a new turbine and powerhouse adjacent to the existing Cedar Cliff Powerhouse or with a modification to the existin 10 cfs valve The new minimum flow facility will be able to pass continuously the anticipated requirement of 10 cfs of water for 7 months (November through May) of the year and 35 cfs of water for the remaining 5 months (June through October) ¦ The following TCST Protection, Mitigation and Enhancement measures also are associated with the relicensing of the East Fork Project and are important to an overall Settlement Agreement (see Section 6.0 of the TCST Settlement Agreement): 1. Duke will provide a one-time funding contribution in-kind services or a combination of the two, at Duke's option, not to exceed a total cost of $40,000 to support a proiect by the USFWS, NCWRC and the USFS to restore the native strain of brook trout to a selected stream in the vicinity of the Tennessee Creek Hydro Station 2. Within 1 to 15 years following its acceptance of the new licenses for the Duke Hydro Projects, Duke will provide Cherokee, Clay, Jackson, Macon and Swain counties $40,000 each to implement the Duke- selected initiatives from a prioritized list identified by each county's Version 1.0 January, 1999 Soil and Water Conservation District board as of July 1, 2005 that (1) make physical improvements that protect soil or water resources, (2) educate landowners or school children on proper soil or water conservation practices, and/or (3) improve soil or water conservation programs that affect lands that drain to any of the Duke Hydro Proiects or the river sections between the Duke Hydro Proiects and reservoirs belonging to the Tennessee Valley Authority (TVA). 3. Within 1 to 15 years following its acceptance of the new licenses for the Duke Hydro Proiects, Duke will provide a total of $200,000 for the purpose of supporting Duke-selected riparian habitat enhancement projects on lands that drain to any of the Duke Hydro Projects or the river sections between the Duke Hydro Projects and reservoirs belonging to the Tennessee Valley Authority (TVA) where such proiects (1) protect or enhance fish or wildlife habitat directly or (2) educate landowners or school children about the importance of healthy riparian areas for fish and wildlife habitat. 4. By January 1, 2006 or within one year following its acceptance of the new licenses for the East Fork Project, West Fork Proiect and the Nantahala Project (FERC Proiect No. 2692), Duke will purchase and convey the approximately 150-ac tract of land identified in Attachment J of the TCST Settlement Agreement to the USFS. 5. Duke worked with the USFWS, NCDWR, NCDWQ, NCWRC, the North Carolina State Historic Preservation Officer (NCSHPO) and the Eastern Band of Cherokee Indians (EBCI) and completed the necessary environmental, cultural resource, and engineering assessments regarding removal of Dillsboro Dam and potentially the Dillsboro Powerhouse (see Attachment F of the TCST Settlement Agreement for a summary). These assessments evaluated the potential effects of dam removal on aquatic species; determined the extent of any cultural resources impacts, and considered the options for removing the powerhouse (i.e. removal, closure, or leave as-is) (Note - the final assessment report will be included in the Dillsboro Project License Surrender Application that was filed with the FERC on June 1, 2004 as noted below). (d) MEASURES PLANNED OR TAKEN TO MAINTAIN DOWNSTREAM WATER QUALITY SUCH AS ADEQUATE DISSOLVED OXYGEN. The deep water released from the reservoirs was at least 3 mg/l greater than the minimum standard for North Carolina trout waters Based upon dissolved oxygen data collected in 2001 and the NCDENR-DWO historical data, oxygen concentrations consistently exceeded the minimum concentrations established by State water quality standards for the • Tuckasegee River. For a full data set, please refer to Exhibit E, Section E2.9 of the East Fork Proiect License Application Version 1.0 January, 1999 • 11. WHAT IS THE SIZE OF THE WATERSHED? The drainage area associated with the full project is 196.1 square miles combining all of the developments. The Cedar Cliff Development has an incremental drainage area of 80.7 square miles; The Bear Creek Development has an incremental drainage area of 75.3 square miles; and the Tennessee Creek Development has an incremental drainage area of 40.1 square miles. WHAT IS THE FULL-POND SURFACE AREA? The Protect includes approximately 820 acres of reservoir surface area at full pond. This area is derived from the total surface acres associated with the full proiect. The Cedar Cliff Development has a reservoir surface area of approximately 121 acres at full pond at a surface elevation of approximately 2,330 ft. The Bear Creek Development has a reservoir surface area of approximately 476 acres at full pond at a surface elevation of approximately 2,560 ft. The Tennessee Creek Development has a reservoir surface area of approximately 40 acres at full pond for the Tanasee Creek Lake and 183 acres for the Wolf Creek Lake. Both reservoirs are at a surface elevation of approximately 3,080 ft. 12. YOU ARE REQUIRED TO CONTACT THE US FISH AND WILDLIFE SERVICE AND/OR NATIONAL MARINE FISHERIES SERVICE REGARDING THE PRESENCE OF ANY FEDERALLY LISTED OR PROPOSED FOR LISTING ENDANGERED OR THREATENED SPECIES OR CRITICAL HABITAT IN THE PERMIT AREA THAT MAY BE AFFECTED BY THE PROPOSED PROJECT. DATE CONTACTED: Letter from Brian Cole (USFWS-Asheville) on March 8, 2000 in association with Proiect Section 7 consultation and subsequent letters/discussions with the USFWS during the relicensing process 13. YOU ARE REQUIRED TO CONTACT THE STATE HISTORIC PRESERVATION OFFICER (SHPO) REGARDING THE PRESENCE OF HISTORIC PROPERTIES IN THE PERMIT AREA WHICH MAY BE AFFECTED BY THE PROPOSED PROJECT. DATE CONTACTED: Letter from Renee Gledhill-Earley (NC Dept of Cultural Resources) on December 16, 1999 in association with cultural resource consultation and subsequent letters/discussions with the NCDCR during the relicensing process. Version 1.0 January, 1999 • 14. DOES THE PROJECT INVOLVE AN EXPENDITURE OF PUBLIC FUNDS OR THE USE OF PUBLIC (STATE) LAND? YES 1 NO © (IF NO, GO TO 15) (a) IF YES, DOES THE PROJECT REQUIRE PREPARATION OF AN ENVIRONMENTAL DOCUMENT PURSUANT TO THE REQUIREMENTS OF THE NORTH CAROLINA ENVIRONMENTAL POLICY ACT? YES NO (b) IF YES, HAS THE DOCUMENT BEEN REVIEWED THROUGH THE NORTH CAROLINA DEPARTMENT OF ADMINISTRATION STATE CLEARINGHOUSE YES T NO i IF ANSWER 17b IS YES, THEN SUBMIT APPROPRIATE DOCUMENTATION FROM THE STATE CLEARINGHOUSE WITH THE NORTH CAROLINA ENVIRONMENTAL POLICY ACT. QUESTIONS REGARDING THE STATE CLEARINGHOUSE REVIEW PROCESS SHOULD BE DIRECTED TO MS. CHRYS BAGGETT, DIRECTOR STATE • CLEARINGHOUSE, NORTH CAROLINA DEPARTMENT OF ADMINISTRATION, 116 WEST JONES STREET, RALEIGH, NORTH CAROLINA 27603-8003, TELEPHONE (919) 733-6369. 15. THE FOLLOWING ITEMS SHOULD BE INCLUDED WITH THIS APPLICATION IF PROPOSED ACTIVITY INVOLVES THE DISCHARGE OF EXCAVATED OF FILL MATERIAL INTO WETLANDS: N/A (a) WETLAND DELINEATION MAP SHOWING ALL WETLANDS, STREAMS, LAKES, AND PONDS ON THE PROPERTY (FOR NATIONWIDE PERMIT NUMBERS 14, 18, 21,26, 29, AND 38). ALL STREAM (INTERMITTENT AND PERMANENT) ON THE PROPERTY MUST BE SHOWN ON THE MAP. MAP SCALES SHOULD BE 1 INCH EQUALS 50 FEET OF I INCH EQUALS 100 FEET OF THEIR EQUIVALENT. (b) IF AVAILABLE, REPRESENTATIVE PHOTOGRAPH OF WETLANDS TO BE IMPACTED BY PROJECT. • Version 1.0 January, 1999 (c) (d) (e) IF DELINEATION WAS PERFORMED BY A CONSULTANT, INCLUDE ALL DATA SHEETS RELEVANT TO THE PLACEMENT OF THE DELINEATION LINE. ATTACH A COPY OF THE STORMWATER MANAGEMENT PLAN IF REQUIRED. WHAT IS LAND USE OF SURROUNDING PROPERTY? (f) IF APPLICABLE, WHAT IS PROPOSED METHOD OF SEWAGE DISPOSAL? 16. CERTIFICATION FEE (a) IF THE IMPACT IS LESS THAN 1 ACRE OF WETLAND OR WATER AND LESS THAN 150 FEET OF STREAM, PLEASE ENCLOSE A CHECK FOR $240.00 MADE OUT TO THE NORTH CAROLINA DIVISION OF WATER QUALITY. (b) IF THE IMPACT EXCEEDS EITHER OR BOTH OF THE LEVELS IN (a), PLEASE ENCLOSE A CHECK FOR $570.00 MADE OUT TO THE NORTH CAROLINA DIVISION OF WATER QUALITY. 17. PUBLIC NOTICE IS REQUIRED FOR ALL FERC PROJECTS. PLEASE NOTE THAT THE APPLICANT IS REQUIRED TO REIMBURSE THE DIVISION OF WATER QUALITY FOR THE COSTS ASSOCIATED WITH THE PLACEMENT OF THE PUBLIC NOTICE. REFERENCE 15A NCAC 2H .0503 (f). SIGNED AND DATED AGENT AUTHORIZATION LETTER, IF APPLICABLE. NOTE: WETLANDS OR WATERS OF THE US MAY NOT BE IMPACTED PRIOR TO: 1. ISSUANCE OF A SECTION 404 CORPS OF ENGINEERS PERMIT, 2. EITHER THE ISSUANCE OR WAIVER OF A 401 DIVISION OF WATER QUALITY CERTIFICATION, AND • Version 1.0 January, 1999 • 3. (IN THE TWENTY COASTAL COUNTIES ONLY), A LETTER FROM THE NORTH CAROLINA DIVISION OF COASTAL MANAGEMENT STATING THE PROPOSED ACTIVITY IS CONSISTENT WITH THE NORTH CAROLINA COASTAL MANAGEMENT PROGRAM, • Version 1.0 January, 1999 OWNER'S/AGENT'S SIGNATURE Steven D. Jester, Vice President Hydro Licensing and Lake Services Duke Energy Carolinas, LLC / ?-16 DATE (AGENT'S SIGNATURE VALID ONLY IF AUTHORIZATION LETTER FROM THE OWNER IS PROVIDED). 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