Loading...
HomeMy WebLinkAbout20030147 Ver 2_401 Application_20070511~~ ~ Progress Energy May L 1, ?007 North Carolina Division of Water Quality Attn: Todd St. John 4401 Reedy Creek Road Raleigh, NC 27607 Subject: Yadkin-Pee Dee River Project (FERC No. 2206-030) Section 401 Water Quality Certificate Application Dear Mr. St. John: 03- oi~~ v~ PAYMENT RECEIVED 007.0008.1000 (919) 733-7015 Progress Energy is submitting an original and six copies of a fully executed application for Water Quality Certification (WQC) to the Division of Water Quality pursuant to Section 401(a)(1) of the Clean Water Act (CWA) and relevant regulations of the state of North Carolina for Progress Energy's Yadkin-Pee Dee River Project (FERC Project No. 2206). In addition to the seven application packages, we have enclosed a check in the amount of $475 for the processing of the application. If you have any questions about Progress Energy's filing, please do not hesitate to contact me at (919} 546-2640. Sincerely, PROGRESS ENERGY `-.,-. ~" ~- Phillip J. Lucas Hydro Relicensing Project Ntanager PL/MH/elt Enclosures ec: James Hancock, Bingham and Balch File Progress Energy Carolinas,lnc. C°Docuricn~'~~nd'.ScttingslmhoovcrlDcsktoplNCDWQ Caver Letier.doc BaL r,'~ ~:;_ rGD~ 1 1 1 APPLICATION FOR WATER QUALITY CERTIFICATION PURSUANT TO SECTION 401(a)(1) OF THE CLEAN WATER ACT YADKIN-PEE DEE RIVER HYDROELECTRIC PROJECT FERC PROJECT N0.2206 Submitted by: PROGRESS ENERGY Raleigh, North Carolina MAY 2007 PAYMENT RECEIVED DW ID: ~J ' O ~ ~ 1 V Q FERC 401 WATER QUALITY CERTIFICATION APPLICATION FOR EXISTING FERC-LICENSED PROJECTS ' * SEND SEVEN (7) COPIES AND THE APPROPRIATE FEE .(SEE ITEM # 16)* OF THIS APPLICATION TO: 1 THE NC DIVISION OF WATER QUALITY 1 ATTN: TODD ST. JOHN 4401 REEDY CREEK ROAD -RALEIGH, NC 27607. ' (PLEASE PRINT OR TYPE) ' 1. OWNER'S NAME: ' Carolina Power & Light d/b/a Progress Energy Carolinas, Inc. 2. MAILING ADDRESS: ' 410 S Wilmington Street, PEB 13, Raleigh, NC 27602 PROJECT NAME: Yadkin-Pee Dee River Project CITY: Norwood STATE: North Carolina PROJECT LOCATION ADDRESS (IF DIFFERENT FROM MAILING ADDRESS ABOVE): Yadkin-Pee Dee River Project. 3. TELEPHONE NUMBER: (WORK) (919) 546-6640. 4. IF APPLICABLE: AGENT'S NAME OR RESPONSIBLE CORPORATE OFFICIAL, ADDRESS, PHONE NUMBER: Charles M. Gates, Vice-President, Fossil Generation. 5. LOCATION PROJECT (PROVIDE A MAP, INCLUDING A COPY OF USGS TOPOGRAPHIC MAP OR AERIAL PHOTOGRAPHY WITH SCALE): COUNTY: Montgomery, Stanly, Anson, Richmond. NEAREST TOWN: Norwood. SPECIFIC LOCATION (INCLUDE ROAD NUMBERS, LANDMARKS, ETC.) ' 401 WQC Application - 1 n 1 Yadkin-Pee Dee River: (i) Blewett Falls Dam, RM 188 (ii) Tillery Dam, RM 218 Also see Figure 1 of the attached Environmental Document. 6. IMPACTED STREAM/RIVER: -Pee Dee. RIVER BASIN: Yadkin-Pee Dee. CURRENT DIVISION OF WATER QUALITY (DWQ) CLASSIFICATION: Several. See Section 6.0 of Application Package. 7. (a) IS THE PROJECT LOCATED WITHIN A NORTH CAROLINA DIVISION OF COASTAL MANAGEMENT AREA OF ENVIRONMENTAL CONCERN (AEC)? YES 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? N/A 8. (a) ARE ADDITIONAL PERMIT REQUESTS EXPECTED FOR THIS PROPERTY IN THE FUTURE? YES NO E~J IF YES, DESCRIBE ANTICIPATED WORK: 9. (a) ESTIMATED TOTAL NUMBERS OF ACRES IN PROJECT: 8,750. 10. PROVIDE AN APPROPRIATE ENVIRONMENTAL DOCUMENT. THE DOCUMENT SHOULD ADDRESS: (a) DATA SHOWING THAT A 7Q10 MII~TIMUM FLOW WILL BE PROVIDED (b) A COST BENEFIT ANALYSIS OF THE PROJECT SHOWING WHY THE PROJECT IS STILL NECESSARY (c) DESCRIPTION OF LENGTH OF BYPASS REACH (IF ANY) AND MEASURES TO PROVIDE FLOW TO THE REACH IN LOW FLOW CONDITIONS. (d) MEASURES PLANNED OR TAKEN TO MAINTAIN DOWNSTREAM WATER QUALITY SUCH AS ADEQUATE DISSOLVED OXYGEN. See attached Environmental Document 401 WQC Application - 2 1 i~ 1l. WHAT IS THE SIZE OF THE WATERSHED? WHAT IS THE FULL-POND SURFACE AREA? Progress Energy's response: (i) Size of watershed: At Tillery Dam - 4,600 mil At Blewett Falls Dam - 6,839 mil (ii) Full-pond surface area: Lake Tillery - 5,697 acres Blewett Falls Lake - 2,866 acres 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: Continuous consultation related to FERC relicensing proceeding since February 2003. 13. YOU ARE REQUIRED TO CONTACT THE STATE HISTORIC PRESERVATION OFFICER. DATE CONTACTED: REGARDING THE PRESENCE OF HISTORIC PROPERTIES IN THE PERMIT AREA WHICH MAY BE AFFECTED BY THE PROPOSED PROJECT. DATE CONTACTED: Consultation initiated on May 26, 2004. 14. DOES THE PROJECT INVOLVE AN EXPENDITURE OF PUBLIC FUNDS OR THE USE OF PUBLIC (STATE) LAND? YES NOD (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 • NO •. IF ANSWER 17b IS YES, THEN SUBMIT APPROPRIATE DOCUMENTATION FROM THE STATE CLEARINGHOUSE WITH THE NORTH CAROLINA ENVIRONMENTAL POLICY ACT. QUESTIONS REGARDING THE STATE 401 WQC Application - 3 i 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: Not applicable. (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 STREAMS (INTERMITTENT AND PERMANENT) ON THE PROPERTY MUST BE SHOWN ON THE MAP. ' MAP SCALES SHOULD BE 1 INCH EQUALS 50 FEET OF 1 INCH EQUALS 100 FEET OF THEIR EQUIVALENT. (b) IF AVAILABLE, REPRESENTATIVE PHOTOGRAPH OF WETLANDS TO BE IMPACTED BY PROJECT. (c) IF DELINEATION WAS PERFORMED BY A CONSULTANT, INCLUDE ALL DATA SHEETS RELEVANT TO THE PLACEMENT OF THE DELINEATION LINE. i (d) ATTACH A COPY OF THE STORMWATER MANAGEMENT PLAN IF REQUIRED. i (e) WHAT IS LAND USE OF SURROUNDING PROPERTY? (fl 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 $200.00 MADE OUT TO THE NORTH CAROLINA DIVISION OF WATER QUALITY. 401 WQC Application - 4 1 1 1 1 1 1 1 (b) IF THE IMPACT EXCEEDS EITHER OR BOTH OF THE LEVELS IN (a), PLEASE ENCLOSE A CHECK FOR $475.00 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). 401 WQC Application - 5 SIGNIrI~ AID dATEI~ AGENT AUTHORIZATIOI'~ LETTER, IF APPLICABLE. N/A N{)TE. WETLANDS tJR WATERS {3F THE US M.AY 1'~10'I` BE IAoIPACTED 1'R1pR TO. ' 1. 1SS~iJAI,JCE OF A SECT~~N 404 CflRI'S 0~ ENGINEERS PERMtT, ~. EITHER "I'1--11s 15aUANCE OR WAIViwR OF A 401 DIVIIC3N OF WATER QUALITY CERTIFICATUN, AND 3. {IN THE TWEI~STY CQASTAL CQUNTIES UNLYj, A LETTCR FR{~ THE I~ORTr-I CARC3LINA DiVISIC}N C?1~ Ct~ASTAL I~IANAGEMENT STATINt-i THE I'RC?I'45ED ACTIVITY 1S Ct~l~1S[STENT WITH T'HE NORTH CAROLII`i~A C{:7AST'AL MAl`1AGl~14~fEI~dT PI~tJGkA.M. v~~ ,r 1c I ~~~~~M, ~~ _` _.. _ _ ~ ..w . ___ __ .. ~ ~_ __W___ CI~arlcs t~+1, Crags Vic4-I'r4sidcttt I+osst Gc~~cration -~~~. Ci QW1~ER"S SIGNATURE DATE ' (AGI/NT'S SIGRIATURE VA-'LID C3N1.1~" IF AUTH~RIZATi!C3AI LET'I`ER FROM THE OWNF.17 1~ Ir'Rt)1JIi7i~T~). 1 401 WQC Application - 6 t 1 1 1 1 1 1 1 1 1 APPLICATION FOR WATER QUALITY CERTIFICATION PURSUANT TO SECTION 401(a)(1) OF THE CLEAN WATER ACT YADHIN-PEE DEE RIVER HYDROELECTRIC PROJECT TABLE OF CONTENTS Section Title Page No. 1. INTRODUCTION ...................................................................................................1 2. PROJECT DESCRIPTION ........................................................................................2 2.1 Yadkin-Pee Dee River Project FERC Relicensing Process ..........................................4 2.2 Water Quality Issues .....................................................................................................6 2.3 Yadkin-Pee Dee River Project Comprehensive Relicensing Agreement ...................10 3. OVERVIEW OF BASINWIDE WATER QUALITY ....................................................12 3.1 Existing Water Quality and Hydropower Operations .................................................12 3.1.1 Basinwide Water Quality Issues .....................................................................12 3.1.2 Hydropower Operations in the Basin .............................................................13 3.1.3 Future Hydropower Operations ......................................................................15 4. NUMERIC STANDARDS ......................................................................................17 5. DESIGNATED USES ............................................................................................23 6. FISHERIES RESOURCES, AQUATIC LIFE, AND BIOLOGICAL INTEGRITY ..............25 6.1 Reservoir Fisheries .....................................................................................................25 6.2 Instream Flows, Aquatic Life, and Biological Integrity .............................................27 6.2.1 Tillery Dam .....................................................................................................28 6.2.2 Blewett Falls Dam ..........................................................................................33 6.3 Fish Passage ................................................................................................................36 7. WETLAND AND TERRESTRIAL RESOURCES .......................................................39 i TABLE OF CONTENTS (Continued) Section Title Page No. 8. PROPOSED INSTREAM FLOW WATER QUALITY AND OTHER STREAM HABITAT PROTECTION MEASURES ...................................................................................42 8.1 Instream Flows ............................................................................................................42 8.2 Dissolved Oxygen Enhancement Program ............................................................:....42 8.3 Biological Monitoring of Tillery Tailwaters ..............................................................45 8.4 Other Stream and Riparian Protection Measures ........................................................48 9. REFERENCES .....................................................................................................51 APPENDICES APPENDIX A -PROGRESS ENERGY FERC LICENSE APPLICATION (CONTAINED ON CD) APPENDIX B -PROGRESS ENERGY QUALITY ASSURANCE PROJECT PLAN (CONTAINED ON CD) APPENDIX C - DIADROMOUS FISH RESTORATION IMPLEMENTATION PLAN APPENDIX D -MAPS ii 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 APPLICATION FOR WATER QUALITY CERTIFICATION PURSUANT TO SECTION 401(a)(1) OF THE CLEAN WATER ACT YADKIN-PEE DEE RIVER HYDROELECTRIC PROJECT LIST OF FIGURES Figure Title Page No. 1 PROJECT LOCATION MAP ................................................................................................3 2 BLEWETT FALLS DEVELOPMENT - HEADPOND ELEVATION DURATION CURVES ..............................................................................................................................27 m 1 1 1 1 1 1 1 i 1 1 1 1 1 1 APPLICATION FOR WATER QUALITY CERTIFICATION PURSUANT TO SECTION 401(a)(1) OF THE CLEAN WATER ACT YADKIN-PEE DEE RIVER HYDROELECTRIC PROJECT LIST OF TABLES Table Title Page No. 1 EXISTING AND PROPOSED PROJECT OPERATIONS .................................................15 2 WATER QUALITY NUMERIC STANDARDS APPLICABLE TO PROJECT WATERS .............................................................................................................................17 3 SAMPLE SIZE (N) AND THE TOTAL NUMBER AND PERCENT OF EXCEEDANCES (IN PARENTHESIS) OF WATER QUALITY PARAMETERS MEASURED DURING THIS STUDY FOR THE APPLICABLE NORTH CAROLINA WATER QUALITY STANDARDS AT THE TILLERY AND BLEWETT FALLS HYDROELECTRIC PLANTS, 1999 TO 2004 ..................................20 4 ASSESSMENTS OF DAILY DO CONCENTRATIONS FROM MAY 1 TO NOVEMBER 30, 2004 AT STATIONS IN REACH 1 OF THE PEE DEE RIVER BELOW THE TILLERY HYDROELECTRIC PLANT ............................................... ......22 5 ASSESSMENTS OF DAILY DO CONCENTRATIONS FROM MAY 1 TO NOVEMBER 30, 2004 AT STATIONS IN REACH 2 OF THE PEE DEE RIVER BELOW THE BLEWETT FALLS HYDROELECTRIC PLANT ......................................22 6 RESERVOIR FLUCTUATIONS ............................................................... ....40 iv 1 Section 1 Introduction ' Progress Energy is submitting this application for Water Quality Certification (WQC) pursuant to Section 401(a)(1) of the Clean Water Act (CWA) and relevant regulations of the state of North ' Carolina for continuing the operation of its Yadkin-Pee Dee River Project (FERC Project No. 2206). State regulations are found at North Carolina Administrative Code 15A NCAC 02H ' .0500. In addition, the Federal Energy Regulatory Commission (FERC) regulations at 18 CFR §4.34 require proof that a WQC application has been submitted to the appropriate certifying ' agency in order for FERC to continue to process Progress Energy's application for a new FERC license. The existing FERC license is due to expire on April 30, 2008. ' The information provided with this application addresses those aspects of the operation of the Yadkin-Pee Dee River Project that affect the water quality of the Yadkin-Pee Dee River. Many, if not all, of these potential Project effects were considered and evaluated as part of the FERC relicensing process. The relicensing process involved resource issue identification and extensive studies, analysis, and consultation that have been completed as part of the FERC relicensing ' process. Therefore, we include as Appendix A to this application our FERC Final License Application (on CD) which was filed with FERC on Apri125, 2006. 1 1 1 t 1 t 1 Section 2 Proiect Description The Yadkin-Pee Dee River Project consists of the 84 megawatt (MW) Tillery Development and the 24.6 MW Blewett Falls Development located on the Yadkin and Pee Dee rivers at approximately river miles (RM) 218 and 188, respectively. Each development consists of a dam, powerhouse, impoundment, primary transmission lines from the Project, structures used in connection with the Project, and water rights, rights-of--way (ROW), lands, and interest in lands necessary for the operation and maintenance of the Project. The Tillery Dam and its powerhouse are located in Montgomery and Stanly counties, four miles west of Mount Gilead, North Carolina. The Tillery impoundment (known as .Lake Tillery) extends approximately 16 miles upstream to the tailwater of Alcoa Power Generating, Inc.'s (APGI) Falls Development. The Blewett Falls Dam and powerhouse are located in Anson and Richmond counties. The Blewett Falls impoundment, also known as Blewett Falls Lake, extends approximately 11 miles upstream of the dam. The Blewett Falls Dam and powerhouse are located approximately 17 miles upstream of the North Carolina-South Carolina state line (Figure 1). The Tillery and Blewett Falls developments are important to the electrical generation resource mix of Progress Energy. This is especially true of the Tillery Plant which is Progress Energy's only hydroelectric-based load-following resource in its system. The Tillery plant therefore occupies a unique and valuable position within Progress Energy's generation and transmission systems. When not operating in a strictly load-following mode, Tillery also provides valuable service as a spinning reserve, contingency reserve, and voltage support resource for Progress Energy's customers. The Tillery plant has a hydraulic capacity of 18,000 cfs, a flow that is exceeded only four percent of the time at the station. This "oversizing" of the plant is a signature aspect of its design, given its role in peaking, load-following, and reserve capacity. In turn, each of the four units at Tillery is relatively large for the Pee Dee River, again in line with the various roles it plays in Progress Energy's system. Hydroelectric units are uniquely capable of moving rapidly from one output to another within a wide operating band while maintaining relatively high efficiency. 2 Section 2 Project Description FIGURE 1 PROJECT LOCATION MAP ~, , ~,~: ~- --- -•-_~--~._ _- -- -- - - ,_ - . _..-.a _ Virginia Yadkin River W. Kerr Scott Dam a~s~=r,~a~r g~lem Greensbor© S4riinton 9 - ~~ Uwharrie River . Raleigh High Rock Dam rH'~x-x~~~~k~, Tuckertown Dam _....,, Narrows Dam n„<~,rL:,~e ~ Falls Dam _ Tillery Dam ______~_,__.____ ~o~l~~a~~== ° Blewett Falls Dam ~i,.wrrr Rocky River ~\ ,.~ Pee Dee River P '~ e,.P -lOi ef'CL' -'~ ~\ ~J~Ui?1D13 N~ _ _ . ,L Winyah Bay % Atlantic -~ Ocean !' - , ~ ~ -~t;~~ „~ -_~, dry" ~ ~';~ - --- - -- ~ `~ N ~~^ }~ n.. ~; a~... - .-- ,, .,,~ Rivers Urban Areas ~' Ham car i~a - - `'-+~~ ~ -Rivers abng the Yadkin•Pee Dee ~~ - Lakes ~Y ----e.~~saan ea .~~---_~~_` _ ~ 111 c.aja' - " ,,'~~ ~ Lakes along the Yadkin-Pee Dee ~ o zs so sae Bata aeppliae M me um~d va~aa caday~cd sweY and ESRI. ncvinc Ta~bell and Assaiates assiuncs m Icgal 'y liadldy or responsibdAy for Ne accuracy and completern:ss 't ~ Regional Location Map Miles dtbe data. btarch 2005 3 1 1 1 1 1 L~ 1 u 1 Section 2 Project Description Some of the important electrical system tasks that the Tillery Plant is called upon to fulfill are: (1) automatic generation control, operating at the very upper end of the load curve; (2) power transfers across control areas; (3) grid stabilization (frequency and voltage control) in its area; (4) synchronous condensing; (5) spinning and non-spinning reserve; and (6) on-peak power generation. Progress Energy has no pumped storage or other large hydro units in its system capable of duplicating the various resource benefits of the Tillery Plant. The Blewett Falls Plant currently operates about 45 percent of the time as a strict run-of--river (ROR) hydroelectric station. This occurs anytime river flows exceed about 7,200 cfs. During the months of December through April, Blewett Falls operates in a ROR mode over 65 percent of the time. During the remaining time, the Blewett Plant operates in block-loaded fashion. This block-loaded operation must be closely coordinated with the operation of the Tillery Plant, using the available (but limited) active storage in the Blewett Falls reservoir to re-regulate Tillery outflows to reduce or eliminate inadvertent spill. Block-loading normally results in higher outflows during on-peak hours and lower outflows during off-peak hours. One of the roles of the Blewett Falls Plant is to provide management of daily flows from the Tillery Plant. The task of managing these flows requires that the Blewett Falls reservoir operate in a daily cycling mode and, when not operating in a ROR mode, the Blewett Falls reservoir will normally fluctuate approximately 1 to 3 feet daily. Under future Project operations as proposed herein, Lake Tillery and Blewett Falls Lake each will have sufficient active storage to provide daily flow adjustments, but not enough to provide weekly, monthly, or seasonal storage. ' 2.1 Yadkin-Pee Dee River Project FERC Relicensing Process In 1958, the Federal Power Commission, predecessor to FERC, issued to Carolina Power & Light ([CP&L] now known as Progress Energy) a 50-year license for the operation of the Yadkin-Pee Dee River Project. The current license expires on April 30, 2008. On April 25, 2006, Progress Energy submitted a Final License Application (FLA) to FERC for the continued ' Block-loading refers to a manner of plant operations whereby the station is placed in operation at a pre-set and relatively constant output for a specific amount of time each day, usually during times of peak electricity demand. 4 1 1 1 1 1 Section 2 Project Description operation of the Project pursuant to the requirements of FERC's regulations at 18 CFR §4.51 and § 16.8. The FLA reflects the results of an intense period of studies and consultation efforts with up to two dozen stakeholder groups that began in late 2002 and continued up to and beyond the filing of the FLA. This consultation process included well over 50 consultation meetings with Project stakeholders. Relicensing study plans were collaboratively developed with stakeholders and completed by Progress Energy. Resource studies related to water quality that were undertaken as part of relicensing resulted in the following reports: ^ Continuous Water Quality Monitoring in the Pee Dee River below the Tillery and Blewett Falls Hydroelectric Plants ^ Intensive Temperature and Dissolved Oxygen Study of the Pee Dee River Below the Tillery and Blewett Falls Hydroelectric Plants ^ Monthly Water Quality Study of Lake Tillery, Blewett Falls Lake, and Associated Tailwaters ^ Substrate Characterization of the Tillery and Blewett Falls Hydroelectric Plants Tailwater Areas ^ Pee Dee River Instream Flow Study -Final Report ^ Habitat (Population) Fragmentation Study of Fish and Aquatic Invertebrates in the Pee Dee River and Ti-ibutaries in the Vicinity of the Tillery and Blewett Falls Hydroelectric 1 Plants Hydraulic Connectivity Report Shallow Water Fish, Crayfish, and Mussel Surveys of the Pee Dee River and Tributaries ' Each of these reports was submitted to stakeholders for review and comment as draft documents. After comment and discussion, each report became part of Progress Energy's FLA filed with FERC.2 The water quality studies conducted by Progress Energy confirmed and further defined the ' timing and frequency of instances when plant releases did not meet state water quality standards ' Refer to FLA Appendix B -Resource Reports. 5 1 ii L~ i Section 2 Project Description for dissolved oxygen (DO) concentration. Progress Energy then conceived and initiated a multi- year study to evaluate a number of technology options for improving DO concentrations at both Tillery and Blewett Falls. Field assessment of these technologies started in 2005 and is continuing. A report has been issued documenting the 2005 and 2006 technology assessments as identified below. ^ Investigation of Measures to Enhance Dissolved Oxygen Concentrations in the Tailwater of the Tillery and Blewett Falls Hydroelect~~ic Plants. Phase I.• Turbine Venting (DTA, Apri12007) ^ Continuous Water Quality Monitoring in the Pee Dee River below the Tillery and Blewett Falls Hydroelectric Plants, May-October 2005 1 2.2 Water Quality Issues Three primary environmental issues potentially related to water quality certification have been identified by stakeholders through the relicensing process. Each of these issues is defined and discussed below. Dissolved Oxygen Extensive fieldwork conducted by Progress Energy in accordance with agreed-upon study plans developed collaboratively with stakeholders have confirmed that at certain times of the year (mainly in summertime months) the outflows from the Tillery and Blewett Falls plants may not meet current state water quality numeric standards for DO. The Project's precise contribution to this variance from state standards is difficult to parse out from other coinciding factors, but Project effects are primarily related to the formation of thermal stratification within the Project reservoirs and subsequent flow releases from the plant during these periods of thermal stratification. Stratification occurs more often and to a greater degree in the deeper, larger Lake Tillery than in the shallower Blewett Falls Lake. 6 1 Section 2 Project Description Thermal stratification can result in the development of zones of low DO in the deeper areas of the lake, including at the powerhouse intakes. Due to the shallow nature and smaller volume of Blewett Falls Lake, the reduction in DO there occurs both less frequently and to a lesser degree than at Lake Tillery. A number of technologies exist that have been shown to improve the DO content of reservoir outflows. These technologies vary in complexity and cost. Progress Energy, in consultation with the NCDWQ, has developed a comprehensive program of testing various technologies, which will lead to implementation of the most cost-effective option for DO enhancement. Progress Energy's DO enhancement plan commits to full compliance with North Carolina state water quality standards for DO by December 2011. Progress Energy has committed to being in compliance by no later, and possibly sooner, than that date. Progress Energy's comprehensive DO Enhancement Program for meeting compliance with state water quality standards for DO is described in Section 8 of this application. This program covers the period from 2006 through 2011 and is based on undertaking a series of field-based technology investigations followed by final design of the selected option and then installation and startup. Progress Energy intends to implement, by December 2011 or sooner, the most cost- effective technology at each development that ensures compliance with the state water quality DO standards. Progress Energy proposes to complete field testing of options by December 2008 and to complete successful implementation at both developments by December 2011. The results of field-based technology investigations conducted in 2005 and 2006 have been reported to the NCDWQ (Progress Energy 2007). Diadromous Fish Passage Another issue related to continuing Project operations at the Tillery and Blewett Falls plants is providing for the passage of diadromous fish, as envisioned in the federal and state agencies' Restoration Plan for the Diadromous Fishes of the Yadkin-Pee Dee River Basin (Restoration Plan), dated March 2006. Progress Energy has worked closely with representatives of the U.S. Fish and Wildlife Service (USFWS), National Marine Fisheries Service (NMFS), North Carolina Wildlife Resources Commission (NCWRC), and South Carolina Department of Natural Resources (SCDNR) in developing a Diadromous Fish Restoration Implementation Plan that 7 n U Section 2 Project Description would meet the overall goals of the agencies' Restoration Plan in a safe, timely, and cost- effective manner. The species of focus in the resource agencies' plan are American shad and American eel, both of which have robust populations in the lower Pee Dee River downstream of the Project. Progress Energy has proposed a joint and cooperative effort to enhance the populations of these species in the Pee Dee River. The Restoration Implementation Plan proposed by Progress Energy (see Appendix C) establishes specific actions and a timetable for passage of American shad and American eel to available and suitable portions of the Yadkin-Pee Dee River basin. The Restoration Implementation Plan is based on providing "trap and truck" passage for American shad at Blewett Falls for a specific period of time to allow an assessment of the potential reproductive success of these fish and to understand how restoration efforts affect the existing shad population. The Restoration Implementation Plan also proposes to move American eel upstream of Blewett Falls Dam into the drainage area below Tillery Dam via alift-ladder structure. Progress Energy's plan provides a structured, incremental, and rational science-based approach for making decisions about population enhancement efforts in the river basin above Blewett Falls Dam. Diadromous fish passage is discussed further in Section 6 of this application. Instream Flows Instream flows and continuous releases at both the Tillery and Blewett Falls plants have been the subject of intense and comprehensive study by stakeholders in the relicensing process. Stakeholders worked cooperatively within the relicensing process to address this issue. Instream Flow Incremental Methodology (IFIM) models of the river reach from Tillery Dam to the headwaters of Blewett Falls Lake and the river reach below Blewett Falls Dam to U.S. Interstate 95 near Florence, South Carolina, were cooperatively and successfully developed within the IFIM Subgroup of the Water Resource Working Group (Progress Energy 2004). In all, a total of over 100 miles of river habitats were evaluated and modeled. 8 1 0 r Section 2 Project Description Substantial increases to the current continuous release requirements will be implemented at each development sufficient to meet or exceed relevant water quality standards. At Tillery, Progress Energy proposes an 800 percent increase in the current minimum flow requirement from the current 40 cfs to 330 cfs year-round, increasing to 725 cfs from April 1 to May 15 once American shad are passed at Blewett Falls. The flow release mechanism is expected to be through a surface water release via the trash sluice gate at Tillery Dam. Because of the size and type of turbines at the Tillery Plant, neither of these release levels is able to be used to generate electricity; therefore, hydroelectric generation and load-following capability at Tillery will be significantly reduced under the new license. At the minimum flows proposed by Progress Energy as contained herein and in the Project's Agreement-In-Principle (AIP) with stakeholders groups, the resulting reduction in on-peak energy production will be about 8 percent at the Tillery Plant. At Blewett Falls, Progress Energy has proposed a more than 10-fold increase in the minimum flows from 150 cfs to 1,200 cfs as well as additional enhanced flows for fish spawning during the spring months. The flow release mechanism is expected to be through the six existing generating units. Overall, on-peak power at Blewett Falls would be reduced about 7.5 percent, with most of this power being shifted to lower value off-peak hours. These proposed increases reflect both the greater benefit of aquatic resource enhancements that can occur below Blewett Falls, and the relative importance of Blewett Falls compared to Tillery in Progress Energy's generation mix. The specific levels of resource enhancements provided to individual species by these enhancements in each reach are detailed in the FLA filed with FERC. Cost:Benefit Analysis Item 10(b) of the State of North Carolina's WQC Application form requests that applicants provide a cost:benefit analysis of the Project showing why the Project is still necessary. The Tillery and Blewett Falls facilities will continue to produce over 300,000,000 kWh of renewable, clean non-C02 generating electrical energy. This is a significant benefit to the State of North Carolina. As reported in its FLA submitted to FERC (see Exhibit D of the FLA), future busbar Project electricity costs are estimated to be approximately $15/MWh which is less than the projected future cost of other generation sources. 9 1 Section 2 Project Description ' 2.3 Yadkin-Pee Dee River Project Comprehensive Relicensing Agreement In a parallel effort to the preparation of the FLA, Progress Energy has pursued a licensing settlement agreement with involved stakeholders, known as the Comprehensive Settlement I Agreement (CSA), which will be submitted to FERC in the context of proceedings for a new license for the Project. As a first step in this process, an AIP was developed and signed by the cooperating parties (Signatory Stakeholders3). The purpose of the AIP was to provide agood- faith framework for the development of the CSA. The AIP was prepared to arrive at a consensus agreement on the technical issues related to future Project operations, as well as providing confirmation that the Signatory Stakeholders believed that the key Project issues have been identified; studies have been conducted in accordance with ' agreed-upon Study Plans4; and appropriate protection, mitigation, and enhancement (PM&E) measures have been developed to address the Project's effects on environmental resources. It is acknowledged that the AIP is preliminary in nature and the fmal settlement agreement is contingent upon the development of a CSA with contract language and proposed license conditions that are agreeable to all signatories of the AIP, and further, that the resulting CSA will ' serve to define the specific terms, conditions, and recommendations that will be offered to FERC by the signatory parties. The AIP was si ed in October 2006. Since that time, these arties have been moving forward :~ p with the completion of a CSA that, as anticipated, reflects the principles identified and agreed upon in the AIP. At this time, it is anticipated that the CSA will be completed and submitted to FERC no later than June 1, 2007. s Signatory Stakeholders are NCWRC, North Carolina Division of Water Resources (NCDWR), NCDWQ, ' SCDNR, South Carolina Department of Health and Environmental Control (SCDHEC), U.S. Environmental Protection Agency, Region 4 (USEPA), Montgomery County (North Carolina), Stanley County (North Carolina), APGI, Fairway Shores Homeowners Association, Pee Dee River Coalition (PDRC), American Rivers / South Carolina Coastal Conservation League (AR/CCL), The Nature Conservancy, The Land Trust for Central North Carolina, Carolina Forest Association, Jordan Timberlands, Inc., and APGI a Dissolved oxygen studies are still underway at both Blewett Falls and Tillery in accordance with the 2007 Study Plan entitled Investigation into Turbine Aeration Measures to Enhance Tailwaters Dissolved Oxygen ' Concentrations at the Tillery and Blewett Falls Hydroelectric Developments, Phase II: Turbine Venting, Surface Mixer, and Compressed Air Injection Tests. 10 1 ' Section 2 Project Description Progress Energy anticipates filing the CSA with the NCDWQ upon final execution by the ' parties. This application for 401 Certification reflects the terms and conditions of the unexecuted CSA. Progress Energy reserves the right to withdraw, amend, and re-file its application if the 1 CSA is not executed by substantially all the parties to the A1P. ~I ~! 11 Section 3 ' Overview of Basinwide Water Quali 3.1 Existing Water Quality and Hydropower Operations 3.1.1 Basinwide Water Quality Issues The overall quality of the waters of the Yadkin and Pee Dee watersheds is significantly influenced by the basin's location in an area of central North Carolina that has and continues to ' experience considerable urban growth. This growing urban area extends from Charlotte to Raleigh/Durham and is known as the Piedmont Crescent (Appalachian State University [ASU] ' 1999). In addition, the waters of the Pee Dee River in both North and South Carolina have historically been managed and used for multiple uses including numerous municipal, ' agricultural, public, and industrial purposes including domestic and industrial water supply, wastewater management, power generation, recreation, wildlife, and irrigation. There are 259 permitted .National Pollutant Discharge Elimination System (NPDES) discharges in the North Carolina portion of the Yadkin-Pee Dee River Basin as listed by the NCDWQ (2003). Within ' the entire Pee Dee River basin, the NCDWQ (2006) has listed various streams and stream segments as being impaired due to fecal coliform levels, low DO, turbidity, nutrients, copper, and fish consumption advisories due to elevated mercury, and impaired biological integrity from various point and nonpoint sources. For various lakes, reservoirs and impounded areas, ' turbidity, chlorophyll a, and high pH were cited by the NCDWQ (2006) as reasons for impairment. The primary sources of stream impairment in the basin were listed as urban runoff/storm sewers, unknown sources (various point and nonpoint sources), agriculture/row crop production, permitted wastewater sources, construction/land disturbance, and animal ' management/pasture (NCDWQ 2006). ' The NCDWQ has conducted contemporary assessments of water quality in the Yadkin-Pee Dee River Basin (NCDWQ 1998, 2000, 2002, and 2003). Basinwide water quality issues were identified as increased nutrient enrichment, increased urbanization, instream sedimentation from ' nonpoint sources, instream impacts due to permitted municipal and industrial discharges, and DO fluctuations due to "hydromodification". Turbidity was noted as regularly exceeding state water ' 12 1 Section 3 Overview of Basinwide Water ' quality standard for streams (50 NTU) throughout the basin. Fish kills and fish mortality related to water quality problems were reported to be relatively low in the river basin. Elevated mercury ' levels have been measured in largemouth bass and bowfin collected throughout the basin which has also been noted in other river basins in the southeastern U.S. (NCDWQ 2002). Atmospheric mercury deposition and bioaccumulation through the aquatic food chain has been postulated as the source of elevated mercury levels. 1 The tributaries that feed the mainstem Pee Dee River also influence the watershed's overall ' water quality characteristics and the water quality of the Project reservoirs and tailwaters. Several NPDES permitted facilities and wastewater treatment plants are located within the ' watershed in the Project vicinity. These point sources discharge into the tributaries of the Pee Dee River or the mainstem river itself. Several large tributaries (the Rocky and Uwharrie rivers), ' in addition to the mainstem Yadkin and Pee Dee rivers, contribute significantly to the inflow and resulting water quality characteristics of Project waters. 3.1.2 Hydropower Operations in the Basin Progress Energy operates its Project in coordination with flow releases delivered by the upstream ' 209 MW Yadkin Project owned by APGI. Progress Energy is required by its current FERC license to provide continuous releases from its Tillery and Blewett Falls developments of no less ' than 40 and 150 cfs, respectively. The current FERC license for the Project states that the operations of the Tillery and Blewett Falls facilities and the upstream Yadkin Project should be "coordinated to the greatest extent ' compatible with the several and distinct purposes for which the two Projects are designed and operated." APGI's Yadkin Project consists of four developments: High Rock, Tuckertown, ' Narrows (Badin), and Falls listed from the uppermost to lowermost development. In general, the APGI Yadkin Project is currently operated to provide power during on-peak periods. There are no requirements for continuous minimum flows at the APGI facilities. High Rock Lake, the uppermost reservoir, is operated to provide seasonal storage; and Tuckertown, Falls, and 1 Narrows are normally operated in coordination with High Rock releases. However, the Narrows 13 t 1 i~ Section 3 Overview of Basinwide Water Quality and Tuckertown reservoirs have the ability to fluctuate water levels up to 3 feet or more, and Falls is operated with a maximum daily fluctuation of 3 to 4 feet. High Rock Lake currently serves as the primary water storage and flow regulation facility for the lower Yadkin-Pee Dee River (APGI 2002). Progress Energy operates its Tillery and Blewett Falls facilities in an integrated fashion. The peaking operation at Tillery allows Progress Energy to provide electricity during periods of peak demand when its customers need it most. In addition, because of its critical load-following and control area functions, Tillery is often operated in Automatic Generation Control (AGC) mode to adjust to rapid changes in system load, to enable local transfers of power between control areas, and to provide reserve capacity. This type of operation can result in relatively rapid changes in flow at Tillery that are then re-regulated at Blewett Falls. When average daily river flows at Blewett Falls drop below about 7,000 cfs (55 percent of the time), Blewett Falls is operated as a "block-loaded" facility, meaning that the units are either operated at best efficiency or are off. Importantly, Blewett Falls acts to re-regulate discharges from Tillery, thereby reducing the magnitude of flow fluctuations that would otherwise occur downstream of Blewett Falls. When daily river flows at Blewett Falls exceed about 7,000 cfs, the station operates in ROR mode. The maximum turbine hydraulic capacity at Tillery is about 18,000 cfs and at Blewett Falls is 9,200 cfs. This difference in hydraulic capacity is indicative of the importance of the peaking and load-following capability of Tillery, and it also underscores the need for close coordination of operation between the two developments for flow management purposes. Progress Energy's operations are significantly affected by the operations and flow management decisions at the upstream Yadkin Project. Flows to the Tillery plant are dependent upon releases from APGI's Yadkin Project. In accordance with Article 29 of the current Yadkin license, the Yadkin Project must be operated in a manner that allows Progress Energy to meet its continuous flow requirements. Yadkin Project's seasonal operations are managed in accordance with a "rule curve" that guides the operation of High Rock Lake. A FERC Order Amending License issued in March 1968 (39 FPC 397) further requires the Yadkin Project to maintain certain lake levels for recreation purposes at High Rock Lake. These 14 1 1 1 Section 3 Overview of Basinwide Water Quality operating guide curves provide descriptions of target generation amounts at specific drawdown levels at the High Rock Lake. As drawdown level increases, the maximum allowable generation decreases in an effort to maintain or increase water levels. 3.1.3 Future Hydropower Operations The future operation of the Yadkin-Pee Dee River Project will reflect the agreements reached in the CSA, which will in turn be incorporated into the specific license articles of the next FERC license for the Project. To develop the flow-related agreements contained in the CSA, stakeholders evaluated instream flows related to their effects on aquatic habitat, recreation, water quality, water supply, and power generation. The various instream flow interests were considered by stakeholders in the development of a hydropower operations plan that all signatories believe represents a reasonable balance of the interests in water management for the Yadkin-Pee Dee River Project while meeting or exceeding all relevant state water quality standards related to Project operations. The current and future Project operations related to continuous releases and reservoir fluctuations are summarized below in Table 1. TABLE 1 EXISTING AND PROPOSED PROJECT OPERATIONS Project O erations Project Reservoir Minimum Continuous Flows' (cfs Reservoir Fluctuations4 ft Existin Pro osed Existin Pro osed Lake Tille 40 330 / 725 225 1.5 / 2.5 / 5.06 Blewett Falls Lake 150 1,200 / 1,800 / 2,400 175 2.0 / 6.0 / 8.0 1 All proposed minimum releases are based upon Progress Energy receiving minimum average daily flows from APGI of 1,000 cfs from June 1 to January 31; 1,500 cfs from May 16 to May 31; and 2,000 cfs from February 1 to May 15. Z Lake Tillery minimum release is 330 cfs year-round except for a period of eight continuous weeks starting as early as March 15, but no later than March 22, when the minimum release is 725 cfs for fish spawning. 3 Blewett Falls minimum continuous release is 1,200 cfs from June 1 to January 31; 2,400 cfs from February 1 through May 15; and 1,800 from May 15 through May 31. 4 All reservoir fluctuation limits are set as targets; maintenance of minimum flows has priority over lake elevations. 15 1 1 1 1 1 1 1 1 1 1 1 1 1 Section 3 Overview of Basinwide Water Quality 5 Maximum drawdown allowed under the current license. Actual fluctuations by voluntary action of Progress Energy are 6 to 8 feet at Blewett and 4 feet at Tillery. 5 Lake Tillery fluctuation limits consist of 1.5-foot limit of fluctuation from April 15 to May 15 for largemouth bass spawning, otherwise 1.5 feet on weekends and 2.5 feet on weekdays, except from December 15 to March 1 when the allowable fluctuation is 5 feet. A maintenance drawdown of 10 to 12 feet occurs once in five years. ~ Blewett Falls Lake will operate as a ROR facility when flows are greater than roughly 7,200 cfs. For flows below 7,200 cfs, reservoir fluctuation limits consist of 2 feet during largemouth bass spawning season; 6 feet year-round; and 8 feet when the dam flashboards are down. 16 1 1 1 1 t Ci ~~ Section 4 Numeric Standards The North Carolina water quality standards applicable to Project waters are based upon the best designated usage classification (Table 2). These standards are outlined in the NCDWQ "Redbook" for surface waters and wetlands under the North Carolina Administrative Code 15A ([NCAC] 02B.0200) (NCDWQ 2004). According to the standards, Class C waters "shall be suitable for aquatic life propagation and maintenance of biological integrity (including fishing and fish), wildlife, secondary recreation, agriculture and any other usage except for primary recreation or as a source of water supply for drinking, culinary or food processing purposes." TABLE 2 WATER QUALITY NUMERIC STANDARDS APPLICABLE TO PROJECT WATERSS North Carolina Water Quali Standard Parameter Class C Aquatic Life Class B Waters Class WS-IV and WS-V Water Su ly Temperature _<32°C and 52.8°C above natural tem erature Same as Class C Same as Class C Dissolved oxygen 5.0 mg/L daily average and 4.0 mg/L instantaneous Same as Class C Same as Class C H Between 6.0 to 9.0 units Same as Class C Same as Class C Turbidity _<25 NTU for reservoirs and _<50 NTU for streams Same as Class C Same as Class C Co er 7 /L Action Leve] Same as Class C Same as Class C Chloride 230 m /L Action Level Same as Class C Same as Class C Mercu <0.012 /L Same as Class C Same as Class C Chloro h 11 a 540 /L Same as Class C Same as Class C Total dissolved solids n/a n/a 5500 m /I, Total hardness n/a n/a _<100 m /L Sulfates n/a n/a _<250 m /L Fecal coliform n/a 200/100 ml n/a Water quality standards applicable to Class C waters also apply to Class B waters. Class B water quality standards further apply to primary recreation, including frequent or organized swimming (NCDWQ 2004). Water quality standards applicable to Class B waters include limitations on allowable fecal coliform bacteria counts (Table 2). s This is not an all inclusive list of all water quality standards that apply to Class B, C, or WS waters in North Carolina. Refer to NCDWQ Redbook (NCDWQ 2004) for other standards. 17 1 1 1 L~ 1 1 Section 4 Numeric Standards Class WS-IV and WS-V water quality standards apply to water bodies used for water supply for domestic and industrial use and are suitable for all Class C uses. Lake Tillery has been classified by the NCDWQ as drinking water supplies (Class WS-IV, B, CA) and suitable for primary and secondary recreation uses, including fishing, wildlife, fish, aquatic life propagation and survival, and agriculture (NCDWQ 2004). Blewett Falls Lake and the Pee Dee River reach from the Tillery Dam to Blewett Falls Lake have also been classified by the NCDWQ as drinking water supplies (Classes WS-IV and WS-V, B) and suitable for primary (Class B) and secondary recreation uses (Class C) including fishing, wildlife, fish, aquatic life propagation and survival, and agriculture. Both lakes were classified as fully supporting the classified uses in a 1998 to 1999 lake assessment conducted by the NCDWQ (NCDWQ 2000, 2002). The Pee Dee River reach below the Blewett Falls Development to the North Carolina-South Carolina state line was classified as Class C or suitable for secondary recreational uses. Progress Energy has performed extensive water quality sampling and analysis to support Project relicensing (Progress Energy 2003, 2005a, 2005b, 2006a [Figures A-1 and A-2, Appendix A], and 2006b;). The results of these studies have been provided in Exhibit E3, Water Use and Quality, of the FERC FLA (Progress Energy 2006c) and are summarized herein in Tables 3, 4, and 5 (Progress Energy 2006c). These water quality studies were conducted during the period of 1999 to 2006 over a wide range of climatologic, hydrologic and plant operation conditions. The concentrations and persistence of many of the water quality parameters measured by Progress Energy at its Tillery and Blewett developments are affected and controlled by inflow events and upstream discharges that are beyond the control of Progress Energy. For example, turbidity levels in Blewett Falls Lake are highly dependent upon the turbidity level of flows from the Rocky River. Related to numeric water quality standards that are affected by actual Project operations, the Project generally meets or exceeds state standards, except for seasonally-low DO concentrations of Project outflows as measured in the tailwaters of each development. At this time, DO concentrations can, at times, fall below North Carolina instantaneous and daily average water quality standards during power plant generation periods in the summer to early autumn months 18 1 ' Secrion 4 Numeric Standards ' (mainly June through early to mid-September). Progress Energy has commenced a comprehensive program of investigating options that would fully meet state DO standards and ' has committed to successful implementation by December 2011. t I~~ 1 1 1 1 19 1 Section 4 Numeric Standards t t TABLE 3 SAMPLE SIZE (1~ AND THE TOTAL NUMBER AND PERCENT OF EXCEEDANCES (IN PARENTHESIS) OF WATER QUALITY PARAMETERS MEASURED-DURING THIS STUDY FOR THE APPLICABLE NORTH CAROLINA WATER QUALITY STANDARDS AT THE TILLERY AND BLEWETT FALLS HYDROELECTRIC PLANTS, 1999 TO 2004 Exceedances from North Carolina Water Quality Standards 2 Location Lake Tillery Pee Dee River below ' Blewett Falls Pee Dee River below Z Tillery-Reach Lake Blewett Falls-Reach TYB2, TYD2, Station TYF2, TYH2, TY1B TY12B BFB2, BFF2, BF1B and TYK2 and BFH2 Parameter Temperature Surface n = 180 n = 47 n = 48 n = 108 n = 36 (<1 m depth) 1 (0.6%) 0 0 0 0 Dissolved oxygen Surface (<1 m depth) n = 180 n = 47 n = 48 n = 108 n = 36 <4.0 mg/L 0 3 (6.4%) 0 0 0 <5.0 m /L 1 (0.6% 6 (12.8% 1 (2.1% 0 5 (13.9% pH Surface (<1 m depth) n = 180 n = 47 n = 48 n = 108 n = 36 < 6.0 units 0 0 0 0 0 > 9.0 units n= 95 0 0 5 (4.6%) 0 Bottom < 6.0 units 0 N/A3 N/A3 0 N/A3 > 9.0 units 0 0 Turbidity Surface n =180 n = 47 n = 48 n = 108 n = 36 (<1 m depth) 6 (3.3%) 0 3 (6.2%) 11 (10.2%) 0 Bottom n= 95 N/A3 N/A3 n= 24 N/A3 9 (9.5% 19 (79% Copper Surface n = 108 n = 47 n = 48 n = 108 n = 36 (<1 m depth) 0 0 4 (8.3%) 9 (8.3%) 3 (8.3%) Bottom n= 96 N/A3 N/A3 n= 24 N/A3 1 (1.0% 2 (8.3% 4 Chloride Surface n = 108 n = 47 n = 48 n = 108 n = 36 (<1 m depth) 0 0 0 0 0 Bottom n= 96 N/A3 N/A3 n= 24 N/A' 0 0 20 I~ Section 4 Numeric Standards ~~ Lam' Exceedances from North Carolina Water Quality Standards) z Pee Dee River below Blewett Falls Pee Dee River below Location Lake Tillery Tillery-Reach' Lake Blewett Falls-Reach2 TYB2, TYD2, BFB2, BFF2, Station TYF2, TYH2, TY1B TY12B and BFH2 BF1B and TYK2 Parameter Mercury Surface n = 108 n = 47 n = 48 n = 108 n = 36 (<1 m depth) 0 0 0 0 0 Bottom n = 96 N/A3 N/A3 n = 24 13 (13.5%) 0 Total dissolved solids n = 108 n = 47 n = 48 n = 108 n = 36 Surface 0 0 0 0 0 (<1 m depth) n = 96 N/A3 N/A3 n = 24 Bottom 0 0 Total hardness Surface n = 108 n = 47 n = 48 n = 108 n = 36 (<1 m depth) 0 0 1 (2.1 %) 0 0 Bottom n= 96 N/A3 N/A3 n= 24 N/A3 0 0 Sulfate Surface n = 108 n = 47 n = 48 n = 108 n = 36 (<1 m depth) 0 0 0 0 0 Bottom n= 96 N/A3 N/A3 n= 24 N/A3 0 0 Chlorophyll a Photic zone n= 108 N/A3 N/A3 n= 108 N/A3 0 1 (0.9%) Refer to Table 2 for the North Carolina water quality standard numeric value. ' 2 The years 2000, 2002, and 2004 were evaluated for Lake Tillery; 2000, 2001, 2002, and 2004 were evaluated for Stations TY1B and TY12B in Reach 1 of the Pee Dee River; 1999, 2001, and 2002 were evaluated for Blewett Falls Lake and Reach 2 of the Pee Dee River. ' 3 N/A =Not applicable. a Copper value for Station BFB2, bottom waters, December 2004, not included in this analysis due to suspected sample contamination. 5 The laboratory ]ower reporting limit for mercury is 0.20 µg/L; therefore, no values that were less than the reporting limit were included in this analysis. Only values that were greater than 0.20 µg/L were considered exceedances from the North Carolina water quality standard. 21 t Section 4 Numeric Standards ' TABLE 4 ASSESSMENTS OF DAILY DO CONCENTRATIONS FROM MAY 1 TO ' NOVEMBER 30, 2004 AT STATIONS IN REACH 1 OF THE PEE DEE RIVER BELOW THE TILLERY HYDROELECTRIC PLANT f~ i L Reach 1 Station North Carolina Water Quality Standard Variable TYCMl TYCM2 TYCM3 TYCM4 Dail ;avers a D0 (~.0 m 2 Number of da snot meetin standard 83 23 24 13 First da standard was not met June 3 June 10 June 15 June 18 Last da standard was not met Se 7 Au 13 Au 13 Se 1 Instantaneous D0 (4.0 m /L) Number of da snot meetin standard 91 52 25 9 First da standard was not met June 1 Ma 23 June 14 Jul 13 Last da standard was not met Se 8 Se 8 Au 11 Au 11 Number of days either standard was not met 94 53 32 15 Number of days assessed 140 145 142 141 ' The total number of days that one or both of the North Carolina water quality standards for daily average (5.0 mg/L) and instantaneous (4.0 mg/L) DO concentrations were not met. 2 The number of days assessed was the total number of days from May 1 to September 30 when DO concentrations were recorded for at least half of the day. TABLE 5 ASSESSMENTS OF DAILY DO CONCENTRATIONS FROM MAY 1 TO NOVEMBER 30, 2004 AT STATIONS IN REACH 2 OF THE PEE DEE RIVER BELOW THE BLEWETT FALLS HYDROELECTRIC PLANT V i bl Reach Z Station ar a e North Carolina Water Quality Standard BFCMl BFCMIA BFCM2 BFCM3 .Dail avers a DO (~.O m /L Number of da snot meetin standard 7 I 1 51 0 First day standard was not met June 14 3uly 30 May I S NA` Last da standard was not met Se t 2 Se t 6 Se t 6 NA Instantaneous D0 (4.O:m /L) Number of da snot meetin standard 12 23 58 14 First da standard was not met Ma 31 Jul 30 Ma 15 June 6 Last da standard was not met Se t 6 Se t 6 Se t 7 Au 8 Number of days either standard was not met 12 23 62 14 Number of days assessed 141 63 150 147 ' ' Station BFCMIA was added on July 29, 2004. z NA =Not Applicable. 3 The total number of days that one or both of the North Carolina water quality standards for daily average (5.0 mg/L) and instantaneous (4.0 mg/L) DO concentrations were not met. 4 The number of days assessed was the total number of days from May 1 to September 30 when DO concentrations were recorded for at least half of the day. 22 Section 5 Designated Uses ' Lake Tillery has been classified as suitable for water supplies (Class WS-IV, B, CA) and is also suitable for primary and secondary recreation uses, including fishing, wildlife, fish, aquatic life propagation and survival, and agriculture (NCDWQ 2006a). Blewett Falls Lake and the Pee Dee River reach from the Tillery Dam to Blewett Falls Lake are classified by the NCDWQ as ' available for water supplies (Classes WS-IV and WS-V, B) and for primary (Class B) and secondary recreation uses (including fishing), wildlife, fish, aquatic life propagation and survival, and agriculture. Both Project reservoirs were classified as fully .supporting the designated uses in a 1998 to 1999 assessment conducted by the NCDWQ (NCDWQ 2000 and 2002). The Pee Dee River reach below the Blewett Falls Development to the North Carolina- South Carolina state line are classified as Class C. The NCDW lists im aired water bodies that do not meet state-designated water quality use Q P classifications (NCDWQ 2006a). These impaired water bodies are identified by the NCDWQ through a listing process pursuant to Section 303(d) of the CWA (NCDWQ 2006b). There were two sections of the Pee Dee River in the vicinity of the Project that have been listed by the NCDWQ as Section 303(d) waters (NCDWQ 2006b). The Pee Dee River from Tillery Dam to its confluence with Turkey Top Creek was listed as impaired for aquatic life due to low ' DO concentrations (NCDWQ 2003, 2004, and 2006b [Figure A-l, Appendix A]). In addition, the 6.3-mile segment of the Pee Dee River from Blewett Falls Dam to its confluence with ' Hitchcock Creek was also listed as impaired for aquatic life due to low DO concentrations (NCDWQ 2006b [Figure A-2, Appendix A]). Releases from the Project and from municipal point discharge sources were listed by the NCDWQ as potential sources of impairment. The river segment below the Blewett Falls Dam was also listed as impaired for fish consumption ' due to a statewide fish consumption advisory for elevated mercury levels. This impairment is based on a regional advisory for mercury which extends south and east of U.S. Interstate 85 to the North Carolina coastline (NCDWQ 2003 and 2006b). The source of this impairment is not related to Project operations. 23 t Section 5 Designated Uses i As indicated previously, Progress Energy has embarked on a multi-year program of investigation and implementation to address the occurrence of DO levels of Project discharges being at times ' below state water quality standards. Progress Energy has established a schedule to be in full compliance by December 2011. Compliance with other designated uses is discussed in ' Sections 6 through 8 of this document. i 1 1 ~i w 24 t e w Section 6 Fisheries Resources, Aquatic Life, and Biological Integrity 6.1 Reservoir Fisheries Progress Energy has conducted numerous studies of the fisheries resources of both Lake Tillery and Blewett Falls Lake as reported in the FLA submitted to FERC and appended (by CD) to this application. These studies showed that the aquatic communities, including the fisheries in both Project reservoirs are healthy and within expectation for Piedmont reservoirs considering their biological productivity status. New minimum flows being proposed for the Project to enhance tailwater aquatic habitat may result, at times, in greater demands on the water stored in Lake Tillery and Blewett Falls Lake, especially during lower-flow summer and fall months. The proposed normal operating lake level range is greater at Blewett Falls Lake than at Lake Tillery due to differences in the hydraulic capacity of the Blewett Falls and Tillery plants and the lower active storage capacity at Blewett Falls Lake. The proposed operating levels for each Project reflect, in part, the need to provide adequate active storage to reliably provide the proposed increased minimum flows from the Project. In accordance with the AIP with stakeholders, minimum flow requirements from the Project will have priority over the proposed target lake levels under normal operations. Progress Energy proposes to enhance largemouth bass spawning habitat in both reservoirs during the April 15 to May 15 period during the next license term. Lake levels in both Project lakes will not fluctuate more than 1.5 feet for Lake Tillery and 2 feet for Blewett Falls Lake between April 15 to May 15. Progress Energy has in the past had a voluntary informal agreement with the NCWRC to manage the Lake Tillery levels for largemouth bass spawning. Progress Energy proposes to make this a formal term of the new license for Lake Tillery, as well as Blewett Falls Lake. This lake level stabilization should also benefit other species, such as minnows, white perch, sunfish species, crappie and catfish species, which may be spawning during this same period. The greater range of lake stabilization at Blewett Falls Lake (2 feet) is necessary to provide the storage needed to re-regulate flows from Tillery and the Rocky River in order to 25 Section 6 Fisheries Resources maintain spring fish spawning flows in the river downstream of the Blewett Falls Development. The proposed operating lake levels during other periods of the year are not expected to adversely ' affect the existing fish populations or their habitat in either lake, including the rare Carolina redhorse population inhabiting Blewett Falls Lake. The range of future lake levels at each lake is ' within the range of fluctuation that has been experienced over the current license term, and both lakes currently support healthy fish populations. Carolina redhorse adults and juveniles use the reservoir for feeding and habitation, and likely utilize nearshore woody debris for protective cover. While the proposed lake levels may temporarily expose shoreline woody debris during daily fluctuations, there is considerable offshore submerged woody debris, including extensive stump fields that this species can utilize during these shoreline exposure periods. Carolina redhorse spawn in riverine habitats, most likely the Little River based on recent surveys; therefore, the proposed operating lake levels will not affect this portion of the species life cycle. Progress Energy and stakeholders used an operations simulation model created by Progress ' Energy's consultants to evaluate various scenarios of future operations and compare these scenarios to current operations. This model, referred to as CHEOPSTM, is used to predict impacts to generation, downstream flows, and lake levels under a range of hydrologic conditions ~' and operatin constraints. Usin CHEOPS, Pro ess Ener simulated both current o erations g g ~' gY P 'ICI and potential future operations under the minimum flows and lake levels contained in the AIP and as proposed in this 401 Application. The resulting effect on lake levels in Blewett Falls ~p Reservoir predicted to occur under fixture operations is depicted in Figure 2. This figure shows ` that little change is expected to occur. ~I' 26 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 Section 6 Fisheries Resources FIGURE 2 BLEWETT FALLS DEVELOPMENT - HEADPOND ELEVATION DURATION CURVES lao 179 178 177 m A C 176 Z G •C :: 175 _N {v O e 174 6 9 173 172 171 6.2 Instream Flows, Aquatic Life, and Biological Integrity Progress Energy has approached instream flow enhancement on a Project-wide basis that takes a comprehensive view of the Tillery and Blewett Falls developments as a single Project. The intent of the instream flow study and subsequent flow recommendations is to arrive at an overall balance between non-power and power resources while meeting all state water quality standards. In order to achieve such a balance, Progress Energy reviewed resource agency management goals focusing on priority management goals, species, and habitats. These goals were reviewed and discussed extensively with stakeholders during the instream flow study scoping process in order to establish instream flow priorities. Pee Dee River flow-related resource enhancement objectives are discussed in detail in Section 1.3 of the instream flow study report of the FLA (Appendix B) submitted to FERC. The first four study objectives relate to fish and aquatic resources as summarized below. 27 170 0 % 10 % 20 % 30% 40% 50% 60% 70 % 80% 90% l00% Exceedence - ---i ' t Existing Blewett headpond -~- AIP Executed run 19JAN07 Section 6 Fisheries Resources ' 1. Enhance the existing flow regime, where necessary, to restore, enhance, and/or protect aquatic life (native fishes and macroinvertebrates). Identify key species or habitat guilds representing key species, and consider seasonal variability in habitat requirements and life stage. 2. Enhance the existing flow regime, where necessary, to promote successful migration, spawning, and rearing of diadromous fish species. 3. Enhance the existing flow regime, where necessary, to restore or protect rare fish and mussel species including fish species (e.g., minnows and darters) that are known host ' species for rare mussels. 4. Ensure flows support priority resident fish management goals. Explore opportunities for flow regimes that favor native over non-native fish species. 1 6.2.1 Tillery Dam The current minimum flow requirement at Tillery Dam is 40 cfs. Progress Energy, consistent with the AIP with stakeholders, is proposing to increase this base flow to a continuous release of 1 330 cfs. This 800 percent increase in the minimum continuous flow will provide a consistent habitat improvement for all of the 11 priority aquatic resource species/guilds examined during relicensing. Between Tillery Dam and the Rocky River, peaking and load-following discharges from the Tillery Plant can cause relatively rapid changes from base flow to generation flows of 3,000, 7,800, and occasionally 12,500 cfs or anywhere in between. Discharges up to 18,000 cfs are possible, but it is very rare for this full-capacity flow to begin from base flow at power plant start-up. The aquatic community below Tillery Dam is substantial but also somewhat depressed by several biotic measures of macroinvertebrates and fish diversity. While it is not possible to ' parse out the various contributions of each of the likely causes for these depressed levels (tributary water quality, peaking flows, seasonally depressed DO, abundance of non-native species) certainly DO levels and the current base flows affect the resources below Tillery Dam to a degree. 1 There are, however, also benefits associated with the existing base flows below Tillery Dam. The first 0.5 miles of river downstream of Tillery Dam is a broad, shallow, rocky channel with 28 ' Section 6 Fisheries Resources i pockets of emergent vegetation and a diverse mixture of substrates. This habitat is used extensively by wading birds, most notably great blue heron and great egrets to feed on fish, invertebrate, or amphibians in this shallow reach. The great blue herons have established a nesting colony and heronry in the adjacent west shore bottomlands in the immediate tailwaters with 45 active nests counted during a survey in 2002. An active bald eagle nest is also in the same vicinity. Non-wading, fish eating birds, such as cormorants, also use this area to feed. As many as 629 birds have been counted in this area actively feeding. Observations in 2001 and 2002 indicate this use by wading birds decreased when tailwater levels rise and shallow ' wading/feeding sites become flooded. At some minimum flow level above what is being proposed by Progress Energy, these avian resources are likely to be impacted by the loss or ' reduction of these feeding grounds. One of the most effective ways to reduce peaking effects on the aquatic community, while still maintaining peaking operations, is to increase the minimum base flow. Increased base flows act as a hydraulic buffer against higher generation flows and also allow an enhanced aquatic community to develop by increasing both the quantity and quality of base flow wetted habitat. ' Progress Energy proposes to increase the existing minimum flow year-round, with higher flows during the spring fish spawning season. While it is very difficult to ascertain whether DO ' improvements or flow enhancements will make the most improvement under field conditions, enhancing both of these parameters is reasonably assured to improve the aquatic community in ' the approximate five-mile subreach below Tillery Dam upstream of the Rocky River confluence.6 ' The Rocky River, which joins the Pee Dee River 5.4 miles below Tillery Dam, has a pronounced ' negative effect on the character of the river in terms of both hydrology, water quality, and subsequently the health and structure of the aquatic community. The Rocky River can be a very flashy stream due to urban runoff from storm-related precipitation events; however, this tributary can increase Tillery Dam base flows by adding between 150 to 1,200 cfs (based on monthly 6 Because the degree of impact to native fauna in the reach of the Pee Dee River below Tillery Dam due to the abundance ofnon-native fish, primarily predator species, is not able to be known, the certainty of improvement to native fauna is difficult to guarantee. 29 1 ' Section 6 Fisheries Resources ' median flow). This contribution is greatest during the wetter half of the year (December through May), but most of the time it will at least double the base flow. The IFIM habitat analyses documented this flow enhancement, which for some species, ' particularly spawning life stages, is very evident. However, this flow enhancement has a water quality cost associated with it. The Rocky River drains the greater suburban Charlotte, North ' Carolina and carries a very high sediment and nutrient load, as well as other constituents. Six miles downstream another tributary, Brown Creek, drains agricultural lands, which further compounds the sediment and nutrient load in Subreaches 1 and 2'. Brown Creek has also been documented to have low DO concentrations, on occasion, during the summer months. These tributary-driven water quality changes are .reflected in the health and structure of the aquatic community in a large portion of the river downstream of the Tillery Development, from the ' Rocky River confluence to downstream of N.C. Highway 109. Notwithstanding the increased base flow below the Rocky River and the only segment of high-quality rocky shoal island habitat (i.e., Leak and Buzzard islands complex) in this 19-mile river reach, the aquatic community currently does not improve substantially until the very lower portion of this river reach near and ' below the Little River. ' While the increases in base flow and water quality enhancements is predicted to improve the aquatic community below Tillery Dam, it is questionable how much additional enhancement could be achieved with even greater base flows given there are flow tradeoffs depending upon the examined species, guild, and life stage. The IFIM model completed for the relicensing predicts further enhancement with increasing base flows for some species and guilds, however, others will decline as flows increase. To understand in a general sense the magnitude of habitat enhancement provided by the increase in base flow, the IFIM discharge versus habitat relationships for key species lifestages and guilds were examined for changes in habitat with the increase in base flow in the immediate tailwaters below Tillery Dam. The tailwaters were examined because they represent the worse case 'For specific locations of designated Reaches and Subreaches as used in the IFIM study, please refer to the FLA Appendix B. 30 Section 6 Fisheries Resources ' scenario because the immediate tailwater area lacks the benefit of downstream attenuation and accretion flows added to the base flow. Progress Energy is proposing a change from the existing base flow of approximately 70 cfs8 to 330 cfs year-round, or 725 cfs for eight weeks of the American shad spawning season. Key habitat enhancements are listed below: ^ Habitat improvement for American shad spawning resulting from the minimum flow increase to the 725 cfs spawning season flow is approximately 550 percent when compared to the existing baseline condition, and about 50 percent of the maximum attainable habitat ' at any flow. ^ Improvements in total habitat for both adult and juvenile Carolina redhorse are approximately double the existing baseline (100 percent) in all months except April and May when spawning minimum flows proposed by Progress Energy will increase habitat by ' 250 percent (75 percent of maximum attainable) over current conditions. ^ Total benthic macroinvertebrate habitat showed an increase of approximately 50 percent when compared against the existing condition in all months except April and May when spawning minimum flows under the settlement will increase habitat by about 150 percent ' (85 percent of maximum attainable) over current conditions. ^ Within the shallow-fast-medium-velocity guild, habitat increased approximately ' 150 percent (50 percent of maximum attainable) from existing baseline condition, with the larger gains during the spawning season months of April and May of approximately ' 500 percent, which is at the maximum attainable level for this guild. ^ Total habitat comparisons show little difference between the existing condition settlement ' minimum flows for the shallow slow woody debris habitat which is about at maximum attainable habitat at both flows ' ^ Habitat for the deep-slow-with-cover guild shows an approximate doubling from existing base flows to Progress Energy's proposed base flows (about 70 percent of maximum attainable), except for the spring spawning period when this habitat guild is very close to the maximum attainable value at any flow. ' s The current increase requires a minimum flow of 40 cfs. Based on measurements by the USGS, the actual minimum flow released by Progress Energy is approximately 70 cfs. 31 Section 6 Fisheries Resources 1 iJ 1 1 1 Furthermore, because of the water quality issues of the Rocky River, flow enhancements from Tillery Dam may only benefit the aquatic resources in the first five miles of river below the dam. Even if the Rocky River's water quality issues are addressed, the lower 10 miles of this reach is dominated by uniform glide habitat which incrementally gains minimal habitat with any additional flow inputs. The deep, open-water fish community in the entire 19-mile river reach below Tillery Dam was found to be dominated by gizzard shad, threadfin, smallmouth buffalo, common carp, and blue catfish based on boat electrofishing conducted during the relicensing studies. Many of these species are non-native to the river basin and compete for both space and food resources with the existing native species and also include some highly predatory species such as flathead catfish. In particular, smallmouth buffalo, anon-native omnivorous feeding and habitat generalist species, was very prevalent throughout this river reach. Some spatial differences were noted in fish distribution with common carp and catfish species (i.e., blue catfish, channel catfish, and flathead catfish) generally more abundant at transects located below the Rocky River confluence (Progress Energy 2003). The river reach does have an existing mussel population which includes some rare species on the state and federal resource lists. The proposed minimum flows provide sufficient flows to protect and enhance these mussel species, as well other aquatic macroinvertebrates, especially in the first 5 miles of river below Tillery Dam. When Progress Energy considered the limited biological enhancement opportunities below the Tillery Plant and the much higher, even critical, value of the electrical generation resources at the Tillery Plant, the proposed increase in the minimum flows results in a reasonable balance between power and non-power resources while meeting state water quality standards for aquatic life propagation and biological integrity, to the extent these factors are influenced by the Project. Additionally, the Blewett Falls Plant can be used to economically re-regulate upstream peaking generation flows. These re-regulated flows at the Blewett Falls Plant will substantially benefit 100 miles or more of river downstream which contain significant aquatic resources including many rare species, compared to only 19 miles of enhancement within the river reach below Tillery Dam. 32 1 ' Section 6 Fisheries Resources ' 6.2.2 Blewett Falls Dam Studies completed for relicensing thoroughly documented that the Pee Dee River below Blewett Falls Dam currently supports a healthy, viable, and diverse aquatic community, including the following specific aspects: ' ^ Reproducing populations of native rare fish species including: - Robust redhorse - Carolina redhorse - Shortnose sturgeon - Atlantic sturgeon - Highfm carpsucker ' - Thinlip chub ^ Large and robust populations of diadromous fish species including: - American shad - American eel ' - Blueback herring ^ Diverse assemblage of native mussel and other aquatic macroinvertebrate fauna, including ' 16 rare, threatened, and endangered (RTE)-listed mussel species ' Progress Energy's proposal for the future operation of the Blewett Falls Development includes measures designed to protect and enhance these valuable and biologically diverse downstream aquatic resources to assure that they persist .and flourish into the future. To accomplish this objective, Progress Energy is proposing significant minimum base flow enhancement below ' Blewett Falls for both non-spawning season minimum instantaneous flow (from 200 to 1,200 cfs from June 1 to January 31), and spawning season minimum instantaneous flow (from 200 to 1 2,400 cfs from February 1 to May 15 and 1,800 cfs from May 16 to May 31). In addition, Progress Energy has proposed to provide flow adjustment periods in an effort to further enhance ' conditions for fish spawning. 33 1 ,--, J Section 6 1 1 u Fisheries Resources The IFIM model completed for relicensing predicts enhancement with increasing base instream flows for the Pee Dee River downstream of the Blewett Falls Dam for several species and guilds. To understand in a general sense the magnitude of habitat enhancement provided by the increase in base flow, the IFIM discharge versus habitat relationships for key species lifestages and guilds were examined in the immediate tailwaters below Blewett Falls Dam for changes in habitat with the increase in base flow. The tailwaters were examined because they represent the worse case scenario without the benefit of downstream attenuation and accretion flows added to the base flow. Key habitat enhancements under this proposed new base flow regime are listed below. ^ Habitat improvement opportunities for robust redhorse spawning habitat is limited during spring because river flows are generally already at or above generating capacity. However, under low-flow conditions, the model predicts that increasing minimum flows from 200 to 2,400 cfs during spawning season will provide up to 1,000 percent (10 times) more robust redhorse spawning habitat (about 90 percent of maximum attainable habitat at any flows) than existing base flow conditions. ^ Habitat improvement opportunities for sturgeon spawning and incubation is once again limited during spring because river flows are generally already at or above generating capacity. Under infrequent low-flow conditions, the model predicts the Progress Energy proposed minimum flows will provide sturgeon spawning habitat in the Blewett tailwater at a level approximately 25 percent of maximum habitat modeled, where virtually none is available under existing conditions. ^ Habitat improvement under the settlement base flows for striped bass spawning, incubation, and larvae during dry years will enhance habitat availability over the existing base flow condition, which is negligible, to perhaps 10 percent of maximum modeled habitat. Striped bass spawning, incubation, and larvae habitat continues to increase steadily throughout the modeled flow range (up to 16,000 cfs). ^ The IFIM analysis for American shad spawning habitat suggests that during dry years, the proposed minimum base flow will increase habitat availability by at least a factor of 10 to 20 times over existing base flow conditions close to Blewett Falls Dam from negligible habitat to approximately 75 percent of maximum attainable habitat at any flow. 34 1 Section 6 Fisheries Resources ' ^ Habitat improvement for the Carolina redhorse adult and juvenile show that for minimum flow periods outside of spawning season, habitat availability will increase by approximately SO percent, and an additiona150 to 100 percent during spawning season. ^ Habitat improvements for the entire benthic macroinvertebrate community show substantial gains in habitat under the non-spawning season minimum flow scenario with an approximate 50 percent increase in habitat that is essentially at the peak habitat availability ' of any flow modeled. At spawning season, base flows habitat drops off from the peak value by about 10 to 15 percent. ' ^ Habitat improvement for the shallow-fast habitat guilds show substantial improvement to near optimal habitat conditions during the proposed non-spawning season minimum flow. This habitat drops off slightly during the higher spawning season minimum flow periods. ^ Habitat for the shallow slow woody debris habitat guild begins to decline with almost any increase in discharge. This rapid loss of habitat occurs because the filling of the river channel quickly floods and/or increases the water velocity over much of the mid-channel shallow-slow habitat. Once the channel is filled, this habitat remains principally along the .river bank margins. The rapid loss of mid-channel shallow slow habitat as the channel floods is not of any great consequence to aquatic resources since this is an artificially high amount of habitat with no real benefit of such a surplus to aquatic resources. Following ' the habitat loss at low flows, availability of shallow slow habitat remains essentially constant. ' ^ Habitat for the deep-slow-with-cover habitat guild show distinctly different patterns of deep slow habitat response to discharge, depending on location and river channel morphology. At the upper end of Reach 2, just below Blewett Falls Dam, deep slow cover habitat is abundant at the existing minimum flow, peaks at the proposed minimum flow of 1,200 cfs, then declines to habitat levels nearly equal to the existing base flow at spawning season minimum flows of 2,400 cfs. This pattern is likely due to mid-channel deep-slow- cover habitat increasing with discharge at first as depth increases and then decreasing as mid channel velocity increases, and fmally leveling off at levels representing shoreline habitat availability. 35 1 1 1 Section 6 Fisheries Resources As discussed above, minimum flows below the Blewett Falls Dam will be substantially increased in the next license term under Progress Energy's proposal. This increased minimum flow will benefit the aquatic community by keeping more of the river channel wet on a continuous basis. It will allow mussels and other non-mobile macroinvertebrates to colonize the additional wetted area thereby increasing biological productivity by providing more permanently wetted habitat overall. Also as discussed in detail above, the quality of that base flow habitat will increase, taking on more riverine hydraulic characteristics. During spawning season, increased minimum flows will keep more spawning habitat functional and viable during dry spring periods when flow is below run-of--river levels and block-load generation pulses are common. Related to species listed pursuant to the Federal Endangered Species Act, the Shortnose sturgeon (Aci penser brevirostf-um) will benefit from the increased minimum flows, especially during the spawning season higher minimum releases that will occur from February 1 to May 31. These higher minimum flows will also reduce flow fluctuations, especially downstream in the areas of known Shortnose sturgeon spawning activity. Item 10(a) of the State of North Carolina's WQC Application form requests that applicants provide an assessment of 7Q10 flows. The current 7Q10 flow at the USGS gage at Rockingham located just below the Blewett Falls development is 760 cfs. The current 7Q10 flow at Tillery Dam, based on the historic record of outflows at the dam and adjusting these flows upward to account for a continuous, full time release of 70 cfs in addition to turbine and spillway flows, is 294 cfs. The proposed future continuous release at Blewett Falls is 1,200 cfs and at Tillery, 330 cfs. ' 6.3 Fish Passage 1 1 Progress Energy continues to work with state and federal natural resource agencies in order to reach agreement upon all aspects of fisheries restoration envisioned in The Restoration Plan for the Diadromous Fishes of the Yadkin-Pee Dee River Basin, North Carolina and South Carolina, 36 1 Section 6 Fisheries Resources February 2006 (Restoration Plan). The Restoration Plan was prepared by the cooperating federal (USFWS and NMFS) and state (NCWRC and SCDNR) resource agencies to set a ' framework for restoration of diadromous fish species to available and suitable portions of their historical range in the Yadkin-Pee Dee River Basin in order to improve abundance of identified species (USFWS et al. 2006). ' The Restoration Implementation Plan, developed by Progress Energy, is based around the concept of providing "trap-and-truck" passage for American shad at Blewett Falls for a period of ' time, to allow an assessment of the potential reproductive success of these fish, and to evaluate how restoration efforts may affect the existing shad population. This concept provides a ' structured, incremental, and rational science-based approach to decision making about restoration efforts in the river basin. The trap, sort, and truck operation is scheduled to begin ' operation in 2013 or the fifth year after the effective date of the new FERC license, if license issuance is delayed beyond 2008. Trap-and-truck passage will allow spawning adult American shad to be moved to areas of potentially suitable spawning habitat above the Blewett Falls, Tillery, and High Rock dams. Fish would be moved to each of these areas for three consecutive years to allow assessment of the potential "success" of spawning and young-of--year rearing in each of these three river reaches. ' Upstream passage for American shad would be provided at Blewett Falls until 2025, when a complete assessment would be made by the resource agencies and Progress Energy of the ' restoration/passage efforts and a determination of the need for fish passage measures required at the Project would be made at that time. The proposed upstream shad passage facility is designed as a fish trap, with ability to transfer fish to trucks for safe transport to the designated reaches. The fish trap proposed is flexibly designed so as to allow the biologists to adjust the location and other characteristics (orientation, ' attraction flow, etc.) so as to "optimize" the ability of the fish trap to attract and capture adult shad. 1 1 1 Section 6 Fisheries Resources 1 1 1 Interim target numbers of American shad to be moved per year (prior to 2025) will likely be in the 17,000 to 37,000 range. This number is also likely to be lower once actual field-based assessment studies have been performed by resource agencies. The fish trap proposed by Progress Energy is estimated to be able to move significantly more than 37,000 adult shad each season: Downstream passage for American shad would also be provided at Blewett Falls unti12025. The downstream passage facility is designed to allow recapture and counting of out-migrating juvenile shad. Downstream passage of juvenile shad at the other dams will be via turbine passage, which based on earlier desktop entrainment studies, is expected to result in very high survival rates. Studies of American shad spawning and juvenile outmigration done during the period 2013 to 2025 will increase the understanding of the Yadkin-Pee Dee River shad population including young-of--year recruitment in the identified river reaches, how best to protect the overall resource, and enhance it. Upstream passage for American eel would be provided at Blewett Falls unti12025 at which point the program would be assessed. The upstream passage facility for juvenile American eel is an eel lift system that has been demonstrated to be effective at other dams. Recommendations on the exact placement of the lift will be made after a review of the results of a three-year study on elver migration movements in the vicinity of the dam. These studies will be completed by 2011. Operation of the eel lift structure will begin in 2013 or the fifth year after the date of the effective date of a new FERC license, if license issuance is delayed beyond 2008. How to provide effective downstream passage for outmigrating adult eels is a question that is still being investigated by industry and fisheries researchers. No downstream passage for adult eels will be required at the Project dams until more is learned about effective passage techniques for this species. 38 Section 7 t Wetland and Terrestrial Resources As a result of the consultation efforts undertaken by Progress Energy, several potential changes in Project operations (i.e., reservoir levels) were identified that could, theoretically, affect botanical and wildlife resources. Based on studies conducted by Progress Energy, the actual changes in operations and their resource effects are as follows: Lake Tillery The current license allows for unrestricted drawdowns up to 22 feet below the normal full pond elevation of 277.3 feet at Lake Tillery. The most recent practice by Progress Energy has been to voluntarily limit daily fluctuations due to normal operations to less than 4 feet, and make reasonable efforts to limit daily fluctuations to less than 2 feet during the recreation season. Drawdowns for periodic dam gate and power plant maintenance and inspections are up to 10 to ' 12 feet. Progress Energy is proposing headpond level targets that will result in a significant reduction in headpond fluctuation limits. This limitation subsequently creates an improvement to existing wildlife and botanical resources by limiting the allowable extent of the fluctuations when compared to the current FERC license. Under the Progress Energy proposal, Project effects on botanical and wildlife resources will be similar to those under the current Project operations. Generally, the existing wetland communities will continue to be in a state of equilibrium with the operational regime in association with the inundation duration, magnitude, frequency, and seasonal timing. With the new range of water levels, the hydrology of the adjacent wetlands will not be adversely affected. The species richness and diversity of all the wetland types in Lake Tillery will continue to reflect natural community expectations for this area and region, including the numerous water willow beds in the lake. 39 Section 7 Wetland and Terrestrial Resources The proposed minimum flow levels represent an important balance as they will protect and preserve the existing blue heron nesting rookery located immediately downstream of the Tillery Plant while protecting and enhancing other aquatic life. Blewett Falls Lake Although the existing FERC license permits drawdowns of up to 17 feet at Blewett Falls Lake, the usual daily reservoir fluctuation is 1 to 3 feet when the plant is not operating in arun-of--river mode (55 percent of the time). ' Progress Energy proposes headpond level targets at Blewett Falls Lake that under the new license will provide: (1) a year-round fluctuation limit up to 6 feet between 171.2 and 177.2 feet, except for system emergencies and the low inflow protocol (LIP) periods; (2) a fluctuation limit of up to 8 feet (between 169.2 and 177.2 feet) when the flashboards are down; and (3) a fluctuation from April 15 to May 15 that will be limited to 2 feet to facilitate largemouth bass spawning. This reduction in headpond fluctuation limits creates an improvement to existing wildlife and botanical resources by limiting the allowable extent of the fluctuations when compared to that permitted under the current FERC license. Table 6 below compares the effects of the current operations and the proposed future operations on headpond fluctuations in the Blewett Falls reservoir. 40 L r Section 7 Wetland and Terrestrial Resources Table 6 Reservoir Fluctuations Percent of Time Reservoir Elevation Existing Operations Future Operations of time % to time >176.2 ft 45 50 . 175.2 - 176.2 33 31 1-foot fluctuation 174.2 - 175.1 8 5 2-foot fluctuation 175.2 - 174.1 8 10 (3-foot fluctuation ' Run-of--river operation commences at a flow of roughly 7,200 cfs. Progress Energy normally operates the reservoir at about 0.5 feet to 1.0 feet below the top of flashboards (177.2 feet) when in run-of--river mode, and less than full plant capacity (about 9,200 cfs), in order to be able to absorb any rapid changes in flow without overtopping. Based on the table above, the Project effects on botanical and wildlife resources will be similar to the current operational effects. The existing wetland communities associated with Blewett Falls Lake, especially the Grassy Islands natural areas, will continue to be in a state of equilibrium with the operational regime in association with the inundation duration, magnitude, frequency, and seasonal timing. The range of water levels (i.e., directly related to Project t operations) in Blewett Falls Lake will be such that the .hydrology for the adjacent wetlands is usually not affected for more than a portion of a day. The daily water level fluctuation during the growing season (i.e., May to October) and throughout the rest of the year will normally be within a range of 1 to 3 feet. There will neither be excessive nor insufficient lake levels to greatly impact the structure, composition, or function of the wetland communities as a whole. Generally, impacts to wildlife species during the normal daily operations are not significant. Wildlife species, especially nesting waterfowl and reptile and amphibian species, will benefit from the stabilization of lake levels in association with the largemouth bass spawning period. 41 1 I Section 8 ' Proposed Instream Flow Water Quality and Other Stream Habitat Protection Measures 8.1 Instream Flows Progress Energy is providing a comprehensive approach of modifying the existing operating r conditions by providing a suite of Instream flow and water quality improvement measures. At the Tillery Dam, Progress Energy proposes to increase the minimum Instream flows eight fold from the current 40 cfs (required by the current FERC license) to 330 cfs year-round, except from April 1 to May 15 when the minimum flows will be 725 cfs (once American shad are passed at Blewett Falls). At the Blewett Falls Dam, Progress Energy also proposes to significantly increase the current minimum flows. Progress Energy proposes to increase the minimum Instream flows over 10 fold ' from the current 150 cfs (required by the current FERC license) to 1,200 cfs from June 1 to January 31; 2,400 cfs from February 1 through May 15; and 1,800 from May 15 through May 31. 8.2 Dissolved Oxygen Enhancement Program As a result of the studies performed for relicensing, Progress Energy has developed a DO Enhancement Program for coming into compliance with state water quality standards for DO. The schedule for this program covers the period from 2006 through 2011. Progress Energy ' intends to implement, by December 2011, the most cost-effective technology at each development that ensures compliance with North Carolina water quality DO standards. Progress Energy proposes to complete field testing of options by December 2008 and to complete successful implementation at both developments by December 2011. The sequence for implementing the DO enhancement program is presented below. ^ 2006 - Assemble DO Enhancement Team consisting of personnel with Progress Energy, DTA, and subcontractors, as necessary 42 Section 8 Proposed Instream Flow Water Quality and Other Stream Habitat Protection Measures - Continue DO continuous monitoring program (May through November9) - Blewett Falls -Repeat and expand draft tube venting tests under controlled, no-spill conditions (July to August) - Blewett Falls -Conduct spillway channel DO enhancement spill tests (July to August) - Tillery -Investigate hub venting via the headcover and test draft tube venting options (July to August) - Issue progress report(s) to NCDWQ ^ 2007 - Continue DO continuous monitoring program (May through November) - Test portable surface water mixers in the Blewett Falls forebay with and without turbine venting - Test prototype minimum flow scenario under proposed future operations at Blewett Falls with and without turbine venting and with and without surface mixers - Test portable surface mixers at Tillery - Test compressed air injection at Tillery - Test prototype minimum flow scenario at Tillery - Issue report in February 2008 ' ^ 2008 - Continue DO continuous monitoring program (May through November) = Conduct final DO enhancement prototype testing of preferred option at Blewett Select DO enhancement preferred technology at Blewett and prepare detailed design - including integration with minimum flow delivery Field test final technology option(s) at Tillery ' - Determine permanent locations for DO compliance monitoring with approval by NCDWQ = Select and purchase permanent DO monitoring equipment Issue progress report(s) to NCDWQ 9 In discussions with the NCDWQ during November 2006, Progress Energy proposed the DO monitoring season from May through October based on field studies conducted from 2004 to 2006. The understanding was that monitoring would continue in November if stratification persisted in Project reservoirs and DO concentrations remained below the state water quality standards as of October 31 of each year. The NCDWQ verbally approved this monitoring approach during the meeting. 43 1 t Section 8 Proposed Instream Flow Water Quality and Other Stream Habitat Protection Measures ^ 2009 - Continue DO continuous monitoring program (May through November) - Complete final design of DO enhancement plans for Blewett Falls and Tillery and submit to NCDWQ and FERC for approval - Install and test permanent continuous DO monitoring equipment - Issue progress report(s) to NCDWQ, as necessary ^ 2010 - Continue DO continuous monitoring program (May through November), as necessary - Install permanent DO monitoring equipment (January to March) - Adjust Tillery DO enhancement measures by May, if necessary - Receive NCDWQ and FERC approval 1 - Install permanent DO enhancement equipment at Blewett Falls - Issue report(s) to NCDWQ ' ^ 2011 - Install permanent DO enhancement equipment/facilities at Tillery - Document implementation, DO enhancement achieved, maintenance, and compliance monitoring of DO enhancements at both Tillery and Blewett Falls in a final DO Compliance Implementation Report to FERC and NCDWQ During turbine venting performed in 2006, Tillery Units 1, 2, and 3 did not draw sufficient airflow through mechanically-induced aspiration to show any substantial DO improvement in the tailwater. However, turbine venting at Tillery Unit 4 showed a significant increase in downstream DO concentrations, exceeding the state DO standard of 5 mg/L. The reason for the ' difference from unit to unit regarding DO uptake during venting is due in part to the varying mechanical designs of the four units at Tillery. The investigations of intentional draft tube 1 venting during unit operations at the six Blewett Falls units showed an increase in downstream DO concentrations sufficient to fully meet state DO standards during all test periods. The DO enhancement study at the Tillery and Blewett Falls developments in 2007 will focus on compressed air injection into Tillery Units 1 through 3 and the feasibility of using portable 1 44 1 t Section 8 Proposed Instream Flow Water Quality and Other Stream Habitat Protection Measures surface water pumps (mixers) at the intake forebays at both Tillery and Blewett Falls. The purpose of the mixers is to attempt to destratify the water column in the forebay immediately r adjacent to the intake structure to increase the amount of highly-oxygenated surface water drawn into each unit's penstock. An additional objective is to evaluate proposed minimum flow releases on the DO regime in the tailwaters at both developments. At Tillery, the bottom-drop sluice gate at the Tillery Dam will be operated at two different gate settings to measure the resulting DO concentrations in the tailwater over a 24- to 48-hour period. At Blewett Falls, one generating unit will be run over 24- to 48-hour period with and without venting to evaluate the resulting DO concentrations in the tailwater under minimum release conditions. As part of the DO Enhancement Program and continuous DO compliance monitoring in the next license term, Progress Energy prepared a Quality Assurance Project Plan (QAPP) at the request of the NCDWQ for the Blewett and Tillery developments. The QAPP provides the quality assurance/quality control framework to ensure the collected DO data during the enhancement studies and compliance monitoring period are accurate, verifiable, repeatable, and defensible from a technical viewpoint. The current draft QAPP incorporates comments from NCDWQ received on February 15 and March 17, 2006 and is presented in Appendix B of this application for final review and approval by the NCDWQ. 8.3 Biolo ical Monitorin of Till g g ery Tailwaters Progress Energy proposes to conduct a biological monitoring program in the five-mile reach of the Pee Dee River from Tillery Dam to the Rocky River confluence following issuance of the 401 Certification and FERC license. Benthic macroinvertebrates have been chosen as the representative aquatic group to monitor the overall biological integrity of the aquatic community in this tailwaters reach. Benthic macroinvertebrates are good biological indicators of water quality changes and can be easily sampled under the exf-ected minimum flow conditions. The objective of this monitoring program is to evaluate the response of the benthic macroinvertebrate community to the proposed minimum flow and DO enhancements for the Tillery Plant within this reach during the next license term. A written biological monitoring study plan will be filed 1 45 Section 8 Proposed Instream Flow Water Quality and Other Stream Habitat Protection Measures with the NCDWQ and FERC and will require final. approval by the NCDWQ prior to implementation. The monitoring program will follow the NCDWQ standard operating procedures (SOP) (or the current NCDWQ approved SOP, if update or revised in future years) for benthic macroinvertebrates using the standard qualitative method for Piedmont rivers (NCDWQ 2006c). The parameters of interest to be evaluated are the Ephemeroptera, Plecoptera, and Trichoptera (EPT) index score, the Biotic Index (BI) score, and the resulting bioclassification rating. A ' bioclassification rating of "Good-Fair" will be used to determine if the flow and DO improvements result in a concomitant improvement in the aquatic community. Progress 1 Energy's QAPP will be used as the quality controUquality assurance framework to ensure the monitoring program produces data results that are accurate, verifiable, repeatable, and defensible from a technical viewpoint. The filed QAPP will be approved by the NCDWQ prior to implementation of this biological monitoring program and has been included as part of this 401 ' Certification application (Appendix B). Water quality parameters (i.e., water temperature, DO, pH, conductivity, and turbidity) will be measured at representative locations at each site during each sampling event. In addition, the physical habitat will be assessed using the standard NCDWQ habitat assessment procedure (NCDWQ 2006c). Sampling is proposed to be conducted at two stations in the five-mile reach. One site (Transect TZl) is located at the beginning of the five-mile reach and one site located near the end of this reach (Transect TZ2). The upper site, Transect TZl, is shoal and shallow of the habitat located approximately 1.0 to 1.5 miles below the Tillery Hydroelectric Plant (below N.C. Highway 731 Bridge) and includes transects used in the relicensing instream flow study. The lower sampling 1 site, Transect TZ2, is also shoal and shallow of the habitat located approximately 4.5 miles downstream of the power plant and just above the Rocky River confluence. Both sampling sites are similar in habitat characteristics, including channel width, and have reasonable, safe access for sampling. Progress Energy and NCDWQ staff will conduct a joint field site visit to select the specified sampling areas within these two sites prior to the first sampling event. 46 t Section 8 Proposed Instream Flow Water Quality and Other Stream Habitat Protection Measures The monitoring will be conducted during the summer period of each year (July to August). Flows are typically more stable (accounting for the future minimum flow of 330 cfs) during this 1 period which allow for safe and effective sampling. All sampling events will be targeted within a three-week window, if possible, to minimize any temporal variability in the assessments. However, sampling within this three-week window is contingent upon safe and favorable field conditions. Sampling will be conducted in 2008 or 2009 to establish environmental conditions prior to the proposed Project minimum flow and DO enhancements (pre-license operation conditions). The actual date to collect the pre-license data will be determined by the FERC license issuance data and when the minimum flow requirements are required to take effect at the Tillery Plant. Sampling will then be conducted every three years thereafter until 2025 to evaluate the response of the benthic macroinvertebrate community to the new minimum flow regime and DO enhancements in the next license term (post-license operation conditions). A determination on whether the biological criteria are met will be made in 2025 based on the monitoring data. If the biological criteria are satisfied prior to the 2025 assessment date, the biological monitoring program would be terminated at that time the criteria are satisfied, after the proper notification to the NCDWQ and FERC. ' If the bioclassification score is near but not meeting the "Good-Fair" rating during the last sampling event (e.g., high "Fair" rating), sampling will continue annually for another three years to validate the obtained bioclassification rating or determine if a "Good-Fair" bioclassification rating occurs during this three-year period. If a "Good-Fair" rating occurs in one of the three years during this three-year period, then the biological criteria will be considered met. This additional annual sampling will account for any short-term, uncontrollable variability in the benthic macroinvertebrate community from climatic or other environmental effects that could affect the bioclassification rating (e.g., flood event and associated channel scour). If a "Good- Fair" bioclassification is not achieved in the river reach by 2025, Progress Energy, in cooperation with the NCDWQ, NCWRC, and NCDWR, will re-evaluate management options to improve the i aquatic community. Factors both within and outside the control of Progress Energy will be considered in this evaluation. 1 47 1 t Section 8 Proposed Instream Flow Water Quality and Other Stream Habitat Protection Measures 8.4 Other Stream and Riparian Protection Measures f In addition to the numeric standards outlined by North Carolina Water Quality Redbook necessary to satisfy the Section 401 WQC standards, there are qualitative best use attainment ' standards that require waters be suitable for the maintenance of biological integrity, wildlife, and secondary recreation. Progress Energy has proposed numerous measures to address both the numeric standards of the regulations, and also the non-numeric, best-use portion of the water quality standards. To further protect and preserve aquatic life, biological integrity and wildlife, ' Progress Energy is proposing to take the additional voluntary step of preserving certain riparian lands within river reaches affected by the Project operations by fee simple donation to the state of North Carolina or through restrictive covenants on Company-owned lands. We believe that the stream and riparian land protection PM&E measures we are proposing for the relicensing provide an exceptional degree of assurance to the state of North Carolina that water quality standards will be met or exceeded by maintaining the diverse biological integrity and wildlife ' characteristics of a significant area of the Yadkin-Pee Dee River corridor. Within five years of the issuance of the New License for the Project that is Final and Non- Appealable, Progress Energy will donate to the state of North Carolina, through fee simple transfer, various tracts of land it owns along the Pee Dee River below Blewett Falls Dam on both the east and west river banks extending from Blewett Falls Dam to below the U.S. Highway 74 bridge and including lands adjacent .to the highly-valued river shoals located below U.S. Highway 74. These lands also include the Gabbro Slopes Natural Area above U.S. Highway 74, the Hitchcock Creek Natural Area, and associated valuable riparian and wetland complexes on the east and west river banks. These lands to be donated have a total acreage of approximately 1,600 acres. 1 Progress Energy will also donate to the state of North Carolina, lands it presently owns along the eastern bank of the Pee Dee River extending downstream from the N.C. Highway 731 bridge for approximately four contiguous miles. These lands to be donated have a total acreage of approximately 300 acres and will provide a protected corridor along the east shore of the Pee Dee River. 48 1 Section 8 Proposed Instream Flow Water Quality and Other Stream Habitat Protection Measures Progress Energy will also place a restrictive covenant for conservation purposes on certain lands it owns known as the "Diggs Tract" along the Richmond County side of the Pee Dee River and downstream of the U.S. Highway 74 Bridge. Within 12 months of the issuance of a New License for the Project that is Final and Non-Appealable, Progress Energy will execute, deliver and cause to be recorded covenants and restrictions establishing a buffer zone adjacent to the river that would be at least 100 feet wide along the entire tract. Within the buffer zone, activities to be allowed would be limited to such activities as selective clearing and controlled burning in accordance with a forest management plan approved by the NCDENR, limited unimproved foot trails not to exceed 4 feet in width and a single boat access point to the river. Foot trails generally parallel to the river shall be no closer to the river than 50 feet. There shall be no more than three trails perpendicular to the river within the buffer zone. Except to accommodate the above allowable activities, the following shall be prohibited within the buffer zone: filling, draining, flooding, dredging, impounding, clearing, burning, cutting or destroying vegetation, cultivating, excavating, erecting, overnight camping, constructing, releasing wastes, or otherwise doing any work within the buffer zone, introducing exotic species into the buffer zone (except biological controls pre-approved by NCDENR); and from changing the grade or elevation, impairing the flow or circulation of waters, reducing the reach of waters, and any other discharge or activity requiring a permit under clean water or water pollution control laws and regulations, as amended. The following are expressly excepted from the prohibited activities: (1) cumulatively very small impacts associated with hunting, fishing, and similar recreational or educational activity, consistent with the continuing natural condition of the property; (2) removal or trimming of vegetation hazardous to persons or property; and (3) restoration or mitigation required under law. No permanent structures would be allowed within the 100-foot buffer zone. Within 24 months of the issuance of the New License that is Final and Non-Appealable, Progress Energy will also place a restrictive covenant for conservation purposes on Project lands it owns in the Grassy Islands area located at the upper reaches of Blewett Falls Lake. This area contains large bottomland hardwood forests and the Smith Lake Natural Area, an oxbow swamp with a large stand of black gum trees. These are highly-valued wetland resources of statewide regional 49 Section 8 Proposed Instream Flow Water Quality and Other Stream Habitat Protection Measures significance. The restrictive covenant would be defined to permit only certain non-consumptive uses of the lands, including fishing, hunting, hiking, bird-watching, and other low-density recreation activities. Prohibited activities will be identical to those described above for the Diggs Tract. Within 24 months of the issuance of the New License that is Final and Non-Appealable, Progress ' Energy will place a restrictive covenant for conservation purposes on certain lands it owns near the mouth of the Uwharrie River at Lake Tillery. The lands to be protected by a restrictive covenant include: (1) those extending from Dutchman's Creek downstream to the tip of the peninsula on the south side of the mouth of the Uwhame River; and (2) those at the upper end of ' the "bay," created by the above peninsula, that are classified as of December 2006 as EnvironmentaUNatural Areas in Progress Energy's Shoreline Management Plan (SMP) for Lake ' Tillery (CP&L 2001), stopping at the first tract of land classified in the SMP as Impact Minimization Zone. The restrictive covenant will allow only certain non-consumptive uses of ' these lands, such as fishing, hunting, hiking, bird-watching, and other low-density recreation activities. Prohibited activities will be identical to those described above related to the restrictive ' covenants to be applied to the buffer zone of the Diggs Tract. Maps showing the location of all lands discussed above are contained in Appendix D of this application for WQC. ~ ,~ t Section 9 ' References Alcoa Power Generating, Inc.. 2002. Yadkin River Hydroelectric Project FERC No. 2197 NC. Project Relicensing Initial Consultation Document. September 2002. Alcoa Power ' Generating, Inc., Yadkin Division, Badin, North Carolina. Appalachian State University. 1999. North Carolina's Central Park: Assessing Tourism and Outdoor Recreation in the Uwharrie Lakes Region. September 1999. ' Carolina Power & Li ht. 2001. CP&L - A Pro ess Ener Com an .Shoreline Mana ement g ~' gY P Y g ' Plan for the Tillery Hydroelectric Project (FERC No. 2206). Submitted by Carolina Power & Light - A Progress Energy Company, December 30, 2001. Prepared by The 1 Louis Berger Group, Inc. ' North Carolina Division of Water Quality. 2000. Water quality progress in North Carolina 1998-1999 305(b) report. North Carolina Division of Water Quality, Water Quality ' Section, Raleigh, North Carolina. .2002. Basinwide assessment report. Yadkin River Basin. June 2002. North Carolina Department of Environment, Health, and Natural Resources, Division of Water Quality, Water Quality Section, Environmental Services Branch, Raleigh, North Carolina. 2003. Yadkin-Pee Dee River Basinwide water quality plan. March 2003. North C li D f E i l h d l i i i f aro na epartment o nv v ronment, Hea t , an Natura Resources, D s on o Water Quality, Water Quality Section, Planning Branch, Raleigh, North Carolina. . 2004. NC DENR-Division of Water Quality "Redbook." Surface waters and wetlands t d d NC Ad i i t ti C d 15A NCAC 02B 0100 0200 & 0300 A d d s an ar s. m n ra ve s o e . . . men , . e effective: August 1, 2004. North Carolina Department of Environment and Natural Resources, Division of Water Quality, Raleigh, North Carolina. ' S1 t Section 9 References 2006a. Basinwide information management system. North Carolina waterbodies reports (including stream classifications). .0309 Yadkin River Basin. [Online] URL: http://h2o. enr. state.nc.us/bims/reports/basinsandwaterbodies/hydroYadkin.pdf. (Accessed on February 23, 2007.) ' 2006b. North Carolina water uali assessment and im aired waters list 2006 9 n' P ( 1 integrated 305(b) and 303(d) report). Public Review Draft, February 2006. North Carolina Department of Environment and Natural Resources, Division of Water Quality, Raleigh, North Carolina. 2006c. Standard operating procedures for benthic macroinvertebrates. Biological Assessment Unit. July 2006. North Carolina Department of Environmental and Natural Resources, Division of Water Quality, Environmental Services Section. Progress Energy. 2003. Initial consultation document. Yadkin-Pee Dee River Project FERC No. 2206. Progress Energy, Raleigh, North Carolina. ' .2004. Pee Dee River Instream Flow Study Plan. Yadkin-Pee Dee River Project. FERC No. 2206. Prepared by Devine Tarbell & Associates, Inc., Portland, Maine for Progress ' Energy, Raleigh, North Carolina, August 2004. ' 2005a. Yadkin-Pee Dee River Project, FERC No. 2206. Continuous Water Quality Monitoring in the Pee Dee River below the Tillery and Blewett Falls Hydroelectric Plants. Water Resources Work Group. Issues Nos. 7 and 8 -Lake Tillery and Blewett • Falls Lake and Tailwaters Water Quality. November 2005. 2005b. Yadkin-Pee Dee River Project, FERC No. 2206. Intensive temperature and dissolved oxygen study of the Pee Dee River below the Tillery and Blewett Falls Hydroelectric Plants. Water Resources Work Group. Issues Nos. 7 and 8 -Lake Tillery 1 and Blewett Falls Lake and Tailwaters Water Quality. November 2005. 52 1 ' Secrion 9 References ' 2006a. Yadkin-Pee Dee River Project FERC No. 2206. Monthly water quality study of Lake Tillery, Blewett Falls Lake, and associated tailwaters. Water Resources Work ' Group. Issues Nos. 7 and 8 -Lake Tillery and Blewett Falls Lake and Tailwaters Water Quality. Apri12006. 2006b. Yadkin-Pee Dee River Project FERC No. 2206. Continuous Water Quality J Monitoring in the Pee Dee River below the Tillery and Blewett Falls Hydroelectric Plants. May-October 2005. November 2006. 2006c. Application of license. Yadkin-Pee Dee River Project FERC No. 2206. Submitted by Progress Energy, Raleigh, North Carolina. Apri12006. 2006d. Yadkin-Pee Dee River Project No. 2206. Tillery and Blewett Falls Hydroelectric Plants. Dissolved oxygen enhancement plan. Revised March 27, 2006. . 2007. Yadkin-Pee Dee River Hydroelectric Project FERC No. 2206, Investigation of ' Measures to Enhance Dissolved Oxygen Concentrations in the Tailwaters of the Tillery and Blewett Falls Hydroelectric Developments, Phase L• Turbine Venting. Prepared by Devine Tarbell & Associates, Inc., Portland, Maine for Progress Energy, Raleigh, North Carolina, April 2007. ' U.S. Fish and Wildlife Service, National Marine Fisheries Service, North Carolina Wildlife Resources Commission, and South Carolina Department of Natural Resources. 2006. Restoration plan for the diadromous fishes of the Yadkin-Pee Dee River Basin, North Carolina and South Carolina. February 2006. P:\ProgEnergy\007.0008\WP\1000\401 WQCRpt\PE 401 WQC Rpt-070510.doc MH/rs 007.0008.100018.0 May ] 0, 2007 ' S3 D 1 1 APPENDICES 1 1 C 1 1 1 1 t 1 t ' APPENDIX A PROGRESS ENERGY FERC LICENSE APPLICATION (CONTAINED ON CD) and APPENDIX B ' PROGRESS ENERGY QUALITY ASSURANCE PROJECT PLAN ' (CONTAINED ON CD) APPENDIX C ' DIADROMOUS FISH RESTORATION IMPLEMENTATION PLAN 1 Executive Summary ' Draft Yadkin-Pee Dee River Fish Passage Agreement Background The first dam on the Yadkin-Pee Dee River (Blewett Falls Dam) is located ' approximately 190 river miles upstream of Winyah Bay, SC. There is a significant amount of available spawning and rearing habitat for diadromous fish in the Pee Dee River and its tributaries downstream of Blewett ' Falls Dam. There is currently aself-sustaining run of American shad in the Yadkin-Pee Dee River downstream of Blewett Falls Dam that is sizeable enough to support a ' South Carolina commercial fishery. Blewett Falls Dam is the first of a series of 6 dams along approximately 75 miles of the mainstem Yadkin-Pee Dee River. Due to the many uncertainties (e.g., predation by non-native species), movement ' of shad above Blewett Falls Dam may or may not contribute to an overall increase in the total Yadkin-Pee Dee River population. Federal and state fishery agencies are interested in restoring both American ' shad and American eel to their historic spawning/rearing grounds above the hydropower project dams based on the expectation that access to greater habitat will result in increased numbers of fish. C oncept The Yadkin-Pee Dee Fish Passage Agreement is based around the concept of providing "trap and truck" passage for American shad at Blewett Falls Dam for a period of time, to allow an assessment of the potential reproductive success of ' these fish, and to evaluate how restoration efforts may affect the existing shad population. This concept provides a structured, incremental and rational science- ' based approach to making decisions about restoration efforts in the river basin. Trap and truck passage will allow spawning adult shad to be moved to areas of suitable spawning habitat above the Blewett Falls, Tillery, and High Rock dams. ' Sh ad would be moved to each of these areas for three consecutive years to allow assessment of the potential "success" of spawning in each of these three river reaches. In 2025 a complete assessment would be made by the resource agencies and hydropower Licensee of the restoration/passage efforts, and a determination of ' the need for additional fish passage measures required at the hydropower Projects would be made at that time. ' Upstream Upstream passage for American shad would be provided at Blewett Falls until Passage 2025. For American Shad ' 2 Upstream The upstream passage facility is designed as a fish trap, with ability to transfer Passage fish to trucks for safe transport to the designated reaches. This is a proven ' For method of moving significant numbers of fish with very high survivability. American Shad The fish trap proposed is flexibly designed so as to allow the biologists to adjust ' the location and other characteristics (orientation, attraction flow, etc.) so as to "optimize" the ability of the fish trap to attract and capture adult shad. A desktop assessment of available habitat has projected that the sum of all upstream designated reaches could potentially need approximately 236,000 adult shad for transport. However, field-based studies are required to ultimately ' determine the final target number of shad for transport which is likely to be lower and could be significantly lower than this projected number. 1 n ii L Collectively the Licensee and agencies have determined an appropriate interim target number of fish to transport is approximately 35,000. The fish trap is able to capture and sort more than 50,000 adult shad each season; well above the projected number of shad identified as the interim goal for passage by the federal agencies. Downstream Downstream passage for American shad would be provided at Blewett Falls Dam Passage for until 2025. American Shad The downstream passage facility is designed to allow recapture and counting of out-migrating juvenile shad. Downstream passage of juvenile shad at the other dams will be via turbine passage, which based on earlier desktop entrainment studies, is expected to result in high survival rates. Passage for .Upstream passage for American eel would be provided at Blewett Falls until American 2025. PE and APGI would share in the cost of constructing and operating this Eel facility. The upstream passage facility for juvenile American eel is an eel lift system that has been demonstrated to be effective at other dams. How to provide effective downstream passage for outmigrating adult eels is a question that is still being researched on a national level. No downstream passage for adult eels will be required at the projects' dams until more is learned about effective passage techniques for this species. ' Some downstream passage alternatives that have been proposed are to determine if the downstream passage structure used for juvenile shad outmigration can be used for adult American eel passage and future cooperative efforts between the licensee and the resource agencies on evaluating downstream passage of American eel. 3 ' Benefits of The numbers of adult shad committed to the upstream trap/truck program will be the limited to the interim target number until it is determined that the placement of Agreement fish above the dams results in successful recruitment that will ultimately help, not Concept harm the existing downstream river shad population. ' Studies of shad spawning and juvenile outmigration done during the period 2013- 2025 will increase our understanding of the Yadkin-Pee Dee River shad population, how best to protect the resource, and enhance it. A cooperative effort among Licensee and federal and state fishery agencies ensures that available resources and restoration efforts are focused on a set of common goals for the shad and eel populations. Limiting the initial capital investment in fish passage facilities for shad ($2 million for an "interim" trap and truck facility versus $6 million fora "permanent" fish lift) is a prudent approach that will allow all the parties to make certain that (1) we know how best to successfully capture the required number of adult shad for restoration efforts and (2) we can demonstrate that placing adult shad above the project dams will result in successful reproduction and recruitment and not cause harm to the current shad population. II 7 1 1 1 1 Yadkin-Pee Dee River Fish Passage Agreement DRAFT, 04/04/07 Figure 3. Preliminary engineering drawing of fish trap and transport facility placement at the Blewett Falls Development. 14 1 1 1 1 1 1 1 1 1 1 1 1 1 Yadkin-Pee Dee River Fish Passage Agreement DRAFT, 04/04/07 4 TDN` f~T TRh° CA(z FS,' 11UP/r' Dlf~i Y TRAP ~~C9 Rl~ ' P«~i SDR1B~, TAKK T0111WB1 TN_W,': ~fHi'H7~7NG ihN( ~~ ~1RPN~~2T TN9( ij ~ ~ ~ iRaP R~LS q ~ DOW~ST~EA"~ WAL! OF POWERHOUSE ~ III ~'~ \ I,l ~' ~' f ~ ~ ~ ;~ E>7STiNG ROAD EXISTIN; FiSH9dG WALKWAY ~~' ~ \W/~1KWAY WTH fWdWJ~1 TRAP ` EXIST7JG T. 926.7 ~ j RETAP9NE i ~~ ~WALL anw' C~ b ~ n li ~ I~ / ROr~a~rousE a~cHARSE ~ ~ `I ~ ~o j o io 20 ao ao ~ ~ ~' GRAPF9C SCALE 1N ,BEET /~ /f n i \~ 1 1 \~ '\ ~\ y ~\\ l~ ~~~~tllrtiT~~~~ ~p~~~~T T'r2~',r ~1N~ TRAT~SF~~( I '_OOKING ~;PSTP,=,~M ifs I AI_RACE FOR U°~T_~cE,~~' pp°P,~S~~CE B~~~J~TT F1l~~J APRI'.1,2005DRAF~ Figure 4. Preliminary engineering drawing of Blewett Falls fish trap showing elevation and aspect of the trap and transport facility. 15 t t t Yadkin-Pee Dee River Fish Passage Agreement DRAFT, 04/04/07 I i _____~ ,~ ~.oA~ ~ +~ ara~; a ~ ~a~ nr ~ _ P~~`~~~Uu~ ~~ ~ ~ f ~SQR[h:, SIATKh t ./ ! xiRSr:l.Ot~f~ ~ f Y ~ 1LC{~ GuL',~' i}t#~ . ~Yi,'t_Kii;1Y ~ J ~) ~I~.YF~1T 1 0.,,,`t~ ter ~ ~.~[~ ~ ;1..~ ~ ~ ~ ~ f f1 t ~ j ~ ~~. j I /// ~ ~ i ~~ r ~~ f ~ Y ~ ~~.~ Q1µ.1 i , L~FitPA` ;` ~€,P=' ~ , ~ ~` ~~: ti J ~ ~ Mi= =0A-, ~ 1 ~ , F?Hi~° ~ '' Wh' KYl.R`` ~ j i ~,., ~ ~ L~ t} ,~~ ~, ~ ~ m.~r ~ ~ ', ~ _ ~~~ 1 f ~, ~a-~;e~r~~a ;t i , c ~ ~c 30 ~ ~`~r--~-- ~ ;~ ~--~ C~?hFrE;, YhLf'3+; r'~Er ~~ y ~_,~N tip' t"r ~,A,~1~_T ~t,=1~ nN 1 I ~~,~1IL~~v' d A ~a Jav H~r,~"! t't',: ~~~ 7 ~:.~`s~`~ I ~,~ta ~,~ ~,~ .a~i~~ 2~ Figure 5. Preliminary engineering drawing of the Slewett Falls fish trap showing the plan view and layout of the trap and transport facility. 16 t 1 1 1 1 1 1 1 1 1 i 1 1 1 1 Yadkin-Pee Dee River Fish Passage Agreement DRAFT, 04/04/07 _-~ ~o7nrrorr~~~wx,~ ~ ~ ~ ~s ire ~~~ ( ~ ~ ~; ,, ,~.~ y ~ ' ~ "- ~ ~ ` ~ / _".._Tv4'1 hh'~i1.~li F5 TRk d"F ~ ` ! ~ '~ ~ , - ,~ ~ ~ i ~ ! [ ~ ~ r,, , ~ , ~ i dye ~ t , ~~ ti±; ~ ~ ~., i ~ I I'~ ~=G JI E ~ i , f ,: f ( i ~ 1; c~yi, i E ' ~ i !i ~ ~' , i f , , E rP ~+ti~.r ~~ ~~Y~s~~~_~ ~~ { ~_, .~ U or-w";,j ~ ~ '°' ~ ray - ~ t i p ~.~ . ~ ~~= 5: Ci1GN?~ _=Y.r~T;^i -,:.- CvI.~=C`GR - '~~J' ~ud_~~.~{ I ~~~~~,r~G~ _„ , _., --~~~, = , ..~ .,-~ S 1 ~ lik ~N~ " ~ ~ ., v , ~ ;: ~_4~tYF '~ !~v! a~R i i nF~ '. 2p~ , ~FJ ~? I Figure 6. Preliminary engineering drawing of the downstream passage structure to be located at the Blewett Falls Dam. Note that the proposed structure will be a mobile barge system which can be towed away from the dam during non migratory periods of the year and during high flow and spillage events at the dam. 17 Yadkin-Pee Dee River Fish Passage Agreement DRAFT, 04/04/07 ~( PosslBLC R!GHT HANK ;~ ~ ILCQK;NG UPSTREAM! ._ UPSTREAM EEL P?SSAi ~~, ~~~ J171 ~ i ~ i 1 ~~ ~ 3' .`~ ~ ~'d ~ i! ~ SECTN . . , Cn1;'.~ A :POSSIBLE LEPT BANK aO55IPLE DOwr+S'- ~ ~iLO(`KING UPS?REAMI MIGRANT 5LU3CE L°PSTREAM EEI.. ~a£SnGE TRAtlSPCRT PIPE GRO7.' t7(ISTING FISH4VICf 'S FLO1N _ - - -. 30C CFS -. ~~ ~ -_.~ ` "~L~'~~ ~ ~- -_. F!SN DIVERSION SYSTEfJI S DEEP BOOM ,c_ ~- ;4 ,~'J ~ _~~STREr~C"i _, _ _ ~ v~~ FISH D~IVEF`- ~ .. ~~ _~ECTUR ANS ~ ' ~ ~` P,, EV~.~'-~T Fr- ~_L'rJAY Figure 7. Preliminary engineering drawing of the American eel passage lift at the Blewett Falls Dam. Note that biological studies will help determine the exact placement of this ladder along the dam 18 1 Yadkin-Pee Dee River Fish Passage Agreement DRAFT, 04/04/07 Ir-~ !~ L~ 1 LIFT TYPE UPSTREnM EEL PnSS FlPRIL L 2006 DRAFT ADAPTED FROM SOLOMON. 2004 Figure 8. Preliminary engineering drawing of the American eel lift for the Blewett Falls Dam. 19 1 1 ~l 1 i~ APPENDIX D MAPS I~ t t ~ Depictions of Certain Lands to be ~ Donated by Progress Energy _ to State of North Carolina 1 t 1 1 1 Progress Energy Buchanan Mitigation Lands 1532.9 Acres Donated N 1745745 81 E. 449448.67 N 1742454.64 E a28787 39 4 N 1741906 11 ~ n Legend E 41479988 ij .; "I Pee Dee River i ~ ; ~~ +~ N n44923 02 ~ Buchanan Mitigation Lands ~ ,~~~ E 4,636533 - DnT Roads r-L- --) Mies Progress Energy Almond Mitigation Lands N 1e8324251 E 529758 57 4 Legend N 168142837 E S t 3534 89 Almond Mitigation Lands ;Pee Dee River DOT Roads I I 1 Miles 0 0.25 0.5 1 t 1 1 ~ Depictions of Certain Lands Over Which ' Progress Energy will Impose Restrictive Covenants t 1 a~ m ~rr ' Y... 1'~ W I rn ~ O O ~- L '}~' s' N C Q~a~ ~ o ~s N ~ ~ ~ ~ m ~ O: C N ~ , ~ ~ ~ L O ; L c~.c ~~ N -~ - 'a: ti ~ °°° ~I __~ _~ o~ ~~ ~~ r p zW a w Q U c 0 N C Q 0 U c O E L 7 ~ € c ~ ~, J p ~ a ~, d O ~ .. I r ~ N ~D .- N ~_ N Q '` O 2 w 0 0 ~ i Progress Energy Blewett Falls Mitigation Lands f SRa~~3, \ Legend /~: Restrictive Covenants Blewett Falls Lake - DUT Roads ~~;ti~es I 0 0.25 0.5 t Progress Energy Tillery Mitigation Lands 'w'~ ~~ K /• ~v Ph' F Legend 100 ft Buffer Where Available Restrictive Covenants Lands ~._... PEC Property ' Lake Tillery `'1 ~~ I Feet 0 340 680 :.360 t 1 1 ~ Depiction of Certain Lands to be Leased to the State of North Carolina 1 ~' ~~~~;~~~, ~ ~ ~ a~~^~' ~~a~'ti," 4A d #~,. Legend ~ ~~~ A ;~ . ~ , F Tillery Project Boundry ~ ~ ,~ '' ` ~~ ° r ' ~ " ~ PB NOSURVEY ~~ `~' Vie` ~~~~w. {' )7 d - .~ ri. M _ «• ~~•~ --- P[3_SURVEY i fG ~, ~ r'X J• 'yP" 't ~~ ~ ~ # w4~ ~.~. tea. - ~'?- .. ;°~-. ~"~:~? ~^ ~ r ~ ly " a a, ~ y ' Se r~ ' > _ %M h }. > ~ i `~ ~ ~ ~L~r ~, st yc4+ lei ~w 1f~`x: ~ .. ~ r„ ~• i '4 ? 11h •~ ~ % A N t # : l a~ ~ y~ a t, ,~ #y~~ ~ '~-" r r.f~ ~ ; - • ~• r. i. fir, + ~' ~ ~."`;t`°~ ~~~ "~ ~ ~ ~ ¢ ~ 7, ~S x } ! ~ ~ ~ +` ~• e t sF~~s' ` i~ar!'~? "'~ `~,~a t k a. -. Y .y"` ; # '! pr !^~ 3~i , .,~ ~ , ~ A '~. -.. 1+ r ~ ~. ~ ~L r ~ ~?~ ~~ I~~ qq y~~,„ t` ~~ Nf 1 i~ t ~ R ~ r '~~ '~ ~~ .,~ n,~ d;rr ~ "" 3 ~~ ~~ ° y I ~~. `~ ~'~ ~~ '~ `fi'x "~ ~:~e . ": '` :r ~'. ~~' (~•~15~ j~Y3 ~~ ~ ~t MW ~~ •w~y~yay/~~ ~ y Y .~ 1