20030191 Ver 3_401 Application_20131220

Brookfield
December 18, 2013
Brookfield Renewable Energy Group
Brookfield Smoky Mountain Hydropower LLC
314 Growdon Boulevard
Tallassee. TN 37878
Ms. Jennifer Burdette
NCDENR – Division of Water Resources
1650 Mail Service Center
Raleigh, NC 27699 -1650
RE: Brookfield Smoky Mountain Hydro Project (FERC No. 2169)
WQC Project No. 03 -0191
401 Water Quality Certification No. 3447
Dear Ms. Burdette:
03 -0IC11 Y3
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t'1 2013
wgPic MAL 'Y
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ands _ ater ®rnn,- . !
On December 17, 2003, the NC Department of Environment and Natural Resources ( NCDENR) Division
of Water Quality' issued Alcoa Power Generating Inc. (APGI) a Clean Water Act Section 401 Water
Quality Certificate (Certification) for continued operation of the Santeetlah and Cheoah hydropower
developments on the Cheoah and Little Tennessee Rivers in North Carolina. In November 2012, APGI
sold the Tapoco Hydroelectric Project, including the Santeetlah and Cheoah developments, to Brookfield
Smoky Mountain Hydropower LLC (BSMH), who has since renamed the project the Smoky Mountain
Hydro Project (Project). The Certification requires any new owner to comply with all the conditions in
the Certification (paragraph 3). BMSH continues to operate the Project in accordance with the
Certification.
The Certification requires BSMH to convene an annual planning meeting in October of each year to
include NCDENR, NC Wildlife Resources Commission ( NCWRC), U.S. Forest Service (USFS), U.S.
Fish and Wildlife Service (USFWS), and the Eastern Band of Cherokee Indians (EBCI) (Condition No.
3). APGI and BSMH have also historically included Graham County in the annual meeting. At the
October 2010 annual meeting APGI and the consulted parties agreed to pursue certain modifications to
Condition No. 2 and Table 3 of the Certification, or the Cheoah River high flow event (HFE) schedule.
BSMH met most recently with the Resource Agencies and Graham County on October 29, 2013. At this
meeting, the Resource Agencies and Graham County reiterated their support for the previously proposed
modifications to the HFE schedule and asked BSMH to pursue any necessary modifications to the 401
Water Quality Certificate and Project license.
The Certification further requires BSMH to notify NCDENR Division of Water Resources ( NCDWR) of
a proposed change in the Project. If changes are proposed, it is our understanding that the NCDWR may
require BSMH to submit a new application for a new Certification. The purpose of this letter is to notify
NCDWR of proposed changes to the Cheoah River HFE schedule as required by Condition No. 2 and
Table 3 of the Certification. BSMH, the Resource Agencies, and Graham County are proposing the
following modifications to the Cheoah River HFE schedule:
— All HFEs will be ramped from the aquatic base flow to 250 cfs to 1,000 cfs. There will no longer
be a requirement to ramp at a rate of 2 inches per hour. There will be no down ramping required.
[Modification to Condition No. 2e]
— During April, May, July, and July two -day HFEs, flows on the second day (Sunday) will be 1,000
cfs for six hours and 850 cfs for the remaining two hours. The total amount of water will not
' Effective August 1, 2013, the NC divisions of Water Quality and Resources were merged into one program called
the NC Division of Water Resources.

change, but will be balanced using water from overnight flows. [Modification to Condition No. 2
and Table 3]
— All HFEs will start at 8:00 a.m. [Modification to Condition Nos. 2f, 2g, and 2h]
— Modify the HFE conditions to allow HFEs on weekdays to add flexibility in scheduling.
[Modification to Condition No.2b]
— Modify the HFE conditions to strike March and November timing restrictions [Modification to
Condition No. 2c]
— Modify the HFE conditions to allow a three -day event in April to become a two -day event, and a
single day event in October to become a two -day event [Modification to Condition No. 2d]
Generally, the proposed modifications to the HFE schedule will provide more flexibility in scheduling
and create more opportunities for recreational use of the river. We do not anticipate that the proposed
changes will have any impact that has not otherwise been identified and evaluated during the Project
relicensing and in the Environmental Assessment prepared for relicensing.
BSMH respectfully requests your review of the proposed modifications and determination about whether
a new application for a new Certification will be required. If you have questions or need additional
information in the interim to process our request, please contact me at (865) 255 -4240 or
marshal I.olson(c�brookfieldrenewable.com.
Sincerely,
Marshall L. Olson
Brookfield Renewable Energy Group
Compliance Manager
cc: Cyndi Karoly, DWR Wetlands and Stormwater Branch Chief
Myra Hair, BSMH Compliance Specialist
Fred Tarver, NCDWR
Chris Goudreau, NCWRC
Jason Farmer, USFS
Mark Cantrell, USFWS
Michael Bolt, EBCI
Greg Cable, Graham County

�QF W ATF19 p \
,O G�
r
Mr Randall M Overbey, President
Alcoa Power Generating Inc
Tapoco Division
300 North Hall Road
Alcoa, TN 37701 -2516
Dear Mr Overbey
Michael F Easley, Governor
William G Ross Jr, Secretary
North Carolina Department of Environment and Natural Resources
November 8, 2004
Alan W Klimek, P E , Director
Division of Water Quality
Re Certification Pursuant to Section 401 of the Federal Clean Water Act for the Tapoco
Hydroelectric FERC Relicensing Project
WQC Project #03 -0191
FERC Number 2169
Graham and Swain Counties
Attached hereto is a copy of Certification No 3447 - revised issued to Alcoa Power Generating,
Inc — Tapoco Division dated November 8, 2004 If we can be of further assistance, do not hesitate to
contact us
Attachments
Cc
Sincerely,
Norman Pierson; Property and Re %lrising Manager, Alcoa Power Generating Inc,
Division, 300 North Hall Road, Alcoa, TN 37701 -2516
Larry Frost, Asheville DWQ Regional Offices
File Copy
Central Files
Darlene Kucken; DWQ Basinwide Planning Program Unit
Steve Reed, NC Division of Water Resources
Chris Goudreau NC Wildlife Resources Commission
Mark Cantrell, US Fish and Wildlife Service - Asheville
John Boaze, Fish and Wildlife Associates (rep for EBCI)
Sueanna Sumpter NC Attorney General's Western Office
David Poe, LeBoeuf, Lamb, Greene and MacRae, 1875 Connecticut Ave. NW
Suite 1200, Washington, t;C 200003
N C Division of Water Quality, 401 Wetlands Certification Unit,
1650 Mail Service Center, Raleigh, NC 27699 -1650 (Mailing Address)
2321 Crabtree Blvd, Raleigh, NC 27604 -2260 (Location)
/Q10l 719 -17AA /nhnnal 010- 71I.PAQR Movl /hftn / /hen am Onta nr tic /newAtlanttc
Tapoco

NORTH CAROLINA 401 WATER QUALITY CERTIFICATION
THIS CERTIFICATION is issued in conformity with the requirements of Section 401
Public Laws 92 -500 and 95 -217 of the United States and subject to the North Carolina Division
of Water Quality ( "DWQ ") Regulations in 15 NCAC 2H, Section 0500 It is issued to Alcoa
Power Generating, Inc — Tapoco Division ( "the applicant ") in Graham and Swain Counties
pursuant to a revised application filed on the 19th day of February, 2003 with a revision dated
March 18, 2003 (extension to October 20, 2003) to, among other things, retain the Santeetlah and
Cheoah Dams on the Cheoah and the Little Tennessee Rivers
The application provides adequate assurance that the retention of fill material into the
waters of the Cheoah and Little Tennessee Rivers in conjunction with retention and operation of
theses dams and other project activities will not result in a violation of applicable Water Quality
Standards, discharge guidelines and other applicable State laws Therefore, the State of North
Carolina certifies that this activity will not violate the applicable portions of Sections 301, 302,
303, 306, 307 of PL 92 -500 and PL 95 -217 if conducted in accordance with the application and
conditions hereinafter set forth.
This approval is only valid for the purpose and design that you submitted in your
application, as described in the revised application If you�hange your project, you must notify_
us and may be required to send us a new application for a nqw Certification. If the property is
sold, the new owner must be given a copy of the Certification and approval letter and is thereby
responsible for complying with all conditions. For this approval to be valid, you must follow the
conditions listed below. The issuance of this Certification shall not exempt the applicant from
complying with any and all statutes, rules, regulations, or ordinances that may be imposed by
other government agencies (local, state and federal) which have j unsdiction, including but not
limited to applicable river buffer rules in 15A NCAC 2B .0200, erosion and sedimentation
control requirements in 15A NCAC Chapter 4 and under the Division's General Permit
NCGO10000, and any requirements pertaming to wetlands under 15A NCAC 2B .0200, 15A-
NCAC 2H.0500 and 15A NCAC 2H. 1300.
Conditions(s) of Certification:
1. The Applicant shall release aquatic base flows from Santeetlah Dam in the magnitude
and for the duration described in Table 1 The Applicant shall determine the aquatic base flow - for each month by calculating the average daily inflow (ADP value for the preceding three
months. The Applicant shall calculate the ADI using its recorded measures of daily change in
reservoir elevation and total discharge (generation flows plus mstream flow releases, high flow
evc„t , cleases and flood discharge flows) If the ADI is greater titan the historic 25th percentile
average flow for that month (Table 2), the Applicant shall release flows according to Tier A. If
the ADI :s less than or equal to the historic 25th percentile average flow for that month, the
Applicant shall release flows according to Tier B
Each Friday, the Applicant shall project inflow for the next ten days, which is the
"planning period." The water requirement for the planning period is the volumetric sum of base
flows; high flow event releases, if any, flood discharge flows, if any; Santeetlah Reservoir

Operating Curve increase, if any, and generation. The water available for the planning period is
the volumetric sum of storage above the Santeetlah Reservoir Operating Curve and the planning
period projected inflow During normal operations, generation will be adjusted to maintain
Santeetlah reservoir elevations at or above the Santeetlah Reservoir Operation Curve. Except as
necessary to meet other requirement of this Certification, such as aquatic base flows and the
Santeetlah Reservoir Operating Curve, generation is not restricted for normal operations.
In order to allow state and federal agencies to complete the collection of three full years
of baseline data in the Cheoah River below Santeetlah Dam, subject to the determination of the
Federal Energy Regulatory Commission ( "FERC ") in issuing a new license for P -2169, the
Applicant shall release aquatic base flows starting September 1, 2005 or starting in the month
after the effective date of the License, whichever is later.
Table 1 Aquatic base flow releases from Santeetlah dam into the Cheoah River.
Table 2 Historic 25th percentile average flow for Cheoah River
IVMonih
Flow Rate cfs
Month
Tier A
Tier B
January
50
'50
February
100
0
March
100
9
April
100
90
May
90
80
June
60
60
July
60
50
August
50
40
September
50
40
October
50
40
November
50
40
December
60
50
Table 2 Historic 25th percentile average flow for Cheoah River
IVMonih
Thresi old Flow `cfz
January
256
Febmary
446
March
484
April
615
May
60
11 ale-
Jul
526
403
August
289
September
208
October_
141 -
_
ir'oveinber
_ -•- �
116
December
148
2 The Applicant shall provide high flow events, which follow a repeating five -year
schedule for the term of the License according to Table 3.
-2-

In order to allow state and federal agencies to collect three full years of baseline data in
the Cheoah River below Santeetlah Dam, subject to the determination of FERC in issuing a new
license for the project, the Applicant shall provide high flow events starting September 1, 2005
or in the month after the effective date of the License, whichever is later.
Table 3 High flow releases for the Cheoah River.
High Flows
Year 1
Year 2
Year 3
Year 4
Year 5
Magnitude cfs)
Event
s
Days
Event
s
Days
Event
s
Days
Event
s
Days
Event
s
Days
Day
1
Day
1 2
Day
3
January
February
1
2
1
2
1
2
1
2
1
2
1000
Var
March
1
3
1
3
1
3
1
3
1
3
1000
600
300
April
2
5
3
6
2
5-
2
5
3
6
1000
850
300
May
2
4
2
4
-3
6
3
6
3
6
1000
850
June
1
2
1
2
1
2
1000
1 850
July
1
2
1000
850
August
1
1
1000
September
1
1
1
1
1000
October
i
1
1
1
1
1
1000
November
1
1
1
1
1
1
1
1
1
1
1000
December
Total
10
19
10
19
10
20
1 10
19
10
20
' 600 cfs from hour 15 to hour 19, 400 cfs from hour 20 to hour 34; 200 cfs from hour 35 to hour 47, 100 cfs for
hour 48
2 600 cfs from hour 16 to hour 36, 300 cfs from hour 37 to hour 48
12 00 a m (midnight) shall be the starting point for determining the appropriate time for mittating and changing
flow releases
a. The Applicant shall release high flows via the Tainter gates at Santeetlah Dam The
Applicant shall use the headwater elevation of Santeetlah Reservoir to determine the gate
opening necessary to make the required high flow release from Santeetlah Dam The Applicant
shall use the downstream gage at Bearpen Gap during the initial system set up to confirm the
required gate positions to make the flow releases;
b. The Applicant shall schedule high flow events on weekend days (Saturday and Sunday);
schedule three day events on Saturday, Sunday and Monday;
c The Applicant shall schedule the March event for the third weekend in March and the
November event for the first weekend in November;
d The Applicant shall schedule one 3 -day high flow event in April in years 1, 3, and 4 of
the repeating sequence;
e. The Applicant shall ramp high flow events at 2- inches per hour for flows between the
aquatic base flow and 100 cfs. The Applicant shall use the downstream gage at Bearpen Gap
during the initial system set up to confirm the required gate positions and gate frequencies in
order to ramp the high flow events;
-3-

f For 2 -day events in February, the release duration is 4 hours for day 1, releases are
targeted to begin at hour 11,
g. For 1 -, 2 -, and 3 -day events in March through November, the release duration is 8 hours
for the day 1 high flow releases, releases on day 1 are targeted to begin at hour 8 in March, April,
October, and November, and at hour 9 in May through September;
h. For 2 -day events in April through July, the release duration is also 8 hours for the day 2
high flow releases, releases on day 2 are scheduled to begin at hour 8 in April and at hour 9 in
May, June, and July;
i. For 2-day events in April through July, after the end of the 8 hours of high flow on day 1,
the flow will be reduced to 500 cfs until the beginning hour of high flow on day 2, _
J. The Applicant shall schedule single day high flow events between September and
November with a minimum of 10 days between events
k The Applicant will provide 12 months prior noticF to the U.S Fish and Wildlife Service
( USFWS), the U.S. Forest Service (USFS), the North Catplma Wildlife Resources Commission
(NCWRC), the North Carolina Department of Environment and Natural Resources (NCDENR),
the Eastern Band of Cherokee Indians (EBCI), and Graham' \County of the proposed schedule of
high flow events
3. The Applicant shall convene an annual planning meeting in early October of each year
which shall include. NCDENR,1`TCW C, USFS, USFWS and EBCI. If NCDENR, NCWR C,
USFS, USFWS and EBCI notify the Applicant prior to the annual meeting that they have
determined by consensus that unanticipated circumstances have arisen that indicate that
additional aquatic habitat enhancement would result from the reallocation of waste previously
committed to the aquatic base flows and/or high flow event schedule as required in Conditions 1
and 2, then the Applicant shall discuss with these entities the reallocation of water for aquatic
habitat enhancement purposes within the aquatic base flow regime and/or the high flow event
schedule for the year The Applicant shall cooperate with NCDENR, riCW--RC, USFS, USFWS,
and EBCI in implementing any requested water reallocation, with due consideration given to the
following factors - _
a. Any reallocation requests shall be based on periodic (i.e. every several years) re-
evaluations of aquatic conditions in the Cheoah River by the above - listed entities;
b. Any requested reallocation shall be designed to m-inimize any additional :ost generation.
(either in lost rraegawatts and /or lost value) and operating costs,
c Under no circumstances shall water allocated as part of the aquatic base flow regane'oe
utilized for high flow events and vice versa, nor shall water from one year be reallocated to any
other calendar year;
-4-

d Any requested reallocation of water must be able to be accommodated with the gate
structures in existence at that time,
If agreement is reached on reallocation, the Applicant shall take all reasonable and necessary
actions to implement the agreement on reallocation. The Applicant shall make a filing with
FERC requesting the approval of the requested revised allocation of flows for that calendar year,
and upon FERC approval will implement the revised aquatic base flow regime and/or high flow
event schedule
4 Starting in October 2010, in conjunction with the annual planning meeting required in _
Condition 3 above, the Applicant will consult with USFWS, USFS, NCWRC, NCDENR, EBCI _
and Graham County regarding the possibility of providing additional high flow events on a trial
basis in addition to the high flow events contemplated in the repeating five year schedule
included in Condition 2 above.
If, NCDENR notifies the Applicant that they are in full concurrence that biological
recovery in the Cheoah River has proceeded to a point that additional high flow events should be -
scheduled and evaluated on a trial basis, then the Applicant will consult with USFWS, USFS,
NCWRC, NCDENR, EBCI and Graham County, to determine the specific number, magnitude
and tuning of such additional trial high flow events. \
1
In the event that the Applicant and NCDENR agree on the provision of additional trial
high flow events, then no later than 60 days prior to the anticipated start of the additional high
flow events, the Applicant shall file for FERC approval a plan of the proposed revisions to the
repeating five year schedule of high flow events.
In conjunction with the subsequent annual planning meetings, the Applicant will consult
with the USFWS, USFS, NCWRC, NCDENR, and EBCI in order to determine whether to
terminate, continue, or modify the additional trial high flow events, or to recommend to FERC a
permanent change in the repeating five year schedule of high flow events. The determination
shall be based on USFWS, USFS, NCWRC, NCDENR, and EBCI's assessment of the effects of
the additional trial high flow events on the Cheoah River aquatic and associated riparian
biological commmities, ou water le-, cis in Sar,tec tlah Rescrvoir, and other water - quality rclatcd
issues
The Applicant shall make additional filings, as appropriate, notifying FERC of any
additional requested revisions to the repeating five year schedule of high flow events, and upon
FERC approval will implement the revised high flow event schedule.
5 If inflow is not adequate co provide high flow releases and maintain required reservoir
levels while maintaining instr. am flows, then equitable reductions in Santeetlah Reservoir water
levels, and high flow releases to the Cheoah River will be made as follows. If the water
available for the planning period (as defined in Condition 1) is less than the water requirement
with no generation for the scheduling period the following low flow stages will be implemented.
The low flow stage will remain in effect until the next planning period when the water
requirement is compared to the water available. If the water available is less than the water
-5-

requirement, the next stage will be implemented If the water available is greater than the water
requirement the previous stage will be implemented or normal operations if at Stage 1 If the
actual inflow is appreciably different than the projected inflow the Applicant may make
adjustments to the low flow stage during the planning period
Stage 1. Reduce high flow duration by 25% (2 hours for each day of the high flow event).
Elevation nummum decreased by 0.25 feet below operating curve
Stage 2. Reduce high flow duration by 50% (4 hours for each day of the high flow event).
Elevation minimum decreased by 0.50 feet below the operating curve_
Stage 3 Reduce high flow duration by 100% Elevation minimum decreased by 0 75 feet below
-the operating curve.
Stage 4: Elevation minimum decreased by 1.0 feet below operating curve -If continuous
discharge is at Tier A reduce continuous discharge from Tier A to Tier B level.
Stage 5: Continue releasing Tier B continuous discharge through spillway gates until elevation
reaches bottom of the spillway gates (or valve)
Stage 6• Reduce continuous discharge to inflow
Based on actual experience, the Applicant may consult with state and federal agencies to
modify the Low Inflow Protocol. If agreement is reached with NCDENR on modifying the
protocol, the Applicant shall make a filing with FERC requesting approval of the proposed
modification and upon FERC approval will implement the modified protocol
6. The Applicant shall continue funding the existing U S Geological Survey (USGS)-
Bearpen Gap gage (Station No. 0351706800) on the Cheoah River below Santeetlah Dam.
Additionally, the Applicant shall install and maintain a calibrated staff gage, or the equivalent, at
the Joyce Kilmer Bridge to allow for the visual confirmation of Cheoah Rivers flows. The
Applicant shall. also make available the calculated release to the Cheoah River at the Santeetlah
dam on an hourly basis via the Internet
7. Prior to the completion of the gate modifications required in Condition 8 below, the
continuous base flow release shall consist of a flow of approximately 50 cfs released through an
existing Tainter gate at Santeetlah Dam. Prior to the completion of the Tainter gate automation
required in Condition 8 ,I-,cicw, high ticv events shah be made with consideration of -ne
following factors
a. Releases from Noveinber 1 through March 31 will be scheduled to occur during the
regular work week (Monday through Friday) to minimize additional personnel costs associated
with releases on weekends using the existing gates and related equipment; releases from April 1
through October 31 will occur on weekends;
Ell

b Releases will be initiated using the "Year 1" release schedule in Table 3 and subsequent
' years will use "Year 2 ", "Year 3" etc;
C. Ramping rates will not apply;
d The Applicant shall make reasonable effort to provide the high flow'events according to
the high flow event schedule in Table 3, however some variation in terms of actual timing of
events may occur during this interim period until the gate modifications are complete
8 To accommodate release of the aquatic base flow and high flow events, the Applicant
shall add "piggy- back" gates to, and automate, either two or three of the existing Tainter gates on
Santeetlah Dam within 24 months of the effective date of the new license. The Applicant may
deviate from the Santeetlah Operating Curve, the aquatic base and high flow releases during the
winter drawdown period to allow for construction in the field of the modified Tainter gates
Within 90 days of the effective date of the new license, the Applicant shall file, for approval by
FERC, a plan and schedule for modifying the Tainter gates
9 The Applicant shall operate Santeetlah Reservoir according to the following operating
rules except when operating under the Low Inflow Protoc9l (Condition 5)-
a From January 1 to March 1, the elevation of Santeetlah Reservoir shall not drop below
elevation 1931 ft.
b From March 1 to April 1 the elevation of Santeetlah Reservoir shall not drop below the
line between elevation 1931 ft. on March 1 and elevation 1936 ft. on April 1
c From April 1 to June 23, the elevation of Santeetlah Reservoir shall not drop below
- elevation 1936 ft
d From June 23 to July 1 the elevation of Santeetlah Reservoir shall not drop below the line
between-elevation 1936 ft on June 23 and elevation 1937 ft on July 1
e. Fto r Tiny 1 to September 3, the elevation -.11Santectlah Resbr oir shall not drop below
elevation 1937 ft.
f From September 8 to September 16 the elevation of Santeetlah Reservoir shall not drop
below the line between elevation 1937 ft. on September 8 and 1936 ft on September 16
g From September 16 to November 1, ibe elevatmn of Sauteaflaib Reservoit shall not drop
below elevation 19361t
h From November 1 to December 1 the elevation of Santeetlah Reservoir shall not drop
below the line between elevation 1936 ft. on November 1 and elevation 1931 ft on December 1
1. From December 1 through December 31, the reservoir elevation shall not drop below
elevation 193 141.
-7-

10 The Applicant shall monitor the elevation of Santeetlah Reservoir on an hourly basis
using a water level sensor located upstream of the gatehouse, on the upstream face of the intake
The Applicant shall electronically transmit the water level data recorded by the sensor to the
dispatcher's office in Alcoa, Tennessee The Applicant shall make available Santeetlah
Reservoir elevation data on an hourly basis via the Internet.
Based on actual experience, the Applicant may consult with interested parties on the actual water
level results at Santeetlah from the management practices implemented The Applicant may
implement only'minor adjustments of the Santeetlah Reservoir Operating Curve, and only aftef
such consultatiowand approval by the North Carolina Division of Water Quality (DWQ).
11 During emergencies and for planned protect maintenance or inspection activities, the
Applicant may vary from the reservoir operating curve, vary flows below the required aquatic
base flows or lake levels, or vary from the high flow release schedule Under such conditions,
the Applicant shall notify the NCDENR, NCWRC, USFS and USFWS in writing and via
telephone according to the following schedule. For planned project maintenance or inspection
activities, the Applicant shall notify said agencies no less than 15 days prior to the variance For
unforeseen circumstances required by an operating emergency, the Applicant shall notify the
same agencies in writing as soon as practical, but not more\than 7 days after the beginning of the
event If requested by DWQ, the Applicant shall expeditiously consult with any concerned
agency to discuss the Applicant's emergency, maintenance and inspection activities, and the
Applicant shall give due regard to any agency's recommendations In lieu of the aforesaid
requirements in this paragraph, the Applicant may develop and implement a protocol to manage
reser:,cir levels and flows during emergency, maintenance and inspection activities. If DWQ
determines that any recurring variances may have an adverse effect on water quality, DWQ may
require the Applicant to develop and implement a protocol to minimize the impacts of the
Applicant's emergency, maintenance and inspection activities on water quality. No protocol will
become effective without approval by DWQ.- The Applicant shall take all reasonable and
necessary actions to implement any such protocol.
12. The Applicant shall identify and report in wilting existing and proposed consumptive
uses to DWQ and the N C Division of Water Resources (DWR) The Applicant shall report the
existing or projected (as appropriate) average consumptive withdrawal and maximum capacity
for each withdrawal. The Applicant shall.report existing consumptive uses to DWQ and D1VVR
within 50 days of the acceptance of the License and shall report proposed new or expanded
consumptive uses to DWQ and DWR within 30 days of receiving a request for the proposed new
or cxpanded withdrawal and before submitting any requests to I ERR
13. The Applicant shall conduct its activities in a rnanner consistent with State water quality
standards (including any requirements resulting from. compliance with section 303(d) of the
Clean Water Act, 33 U.S.0 § 1313(d)) and any other appropriate requirements of State law and
federal law. If DWQ determines that such standards or laws are not being met (including the
failure to sustain a designated or achieved use or to comply with any new or amended water
quality standards or other appropriate requirements of State or federal law) or that State or
federal law is being violated, or that further conditions are necessary to assure compliance, DWQ
1:1

may reevaluate and modify this Certification to include conditions appropriate to assure
compliance with such standards and requirements in accordance with 15A NCAC 2H.0507(d)
Before modifying the Certification, DWQ will notify the Applicant and FERC, provide public
notice in accordance with 15A NCAC 2H 0503 and provide opportunity for public hearing in
accordance with 15A NCAC 211.0504. Any new or revised conditions will be provided to the
Applicant in writing, will be provided to the U.S. Army Corps of Engineers for reference in any
permit issued pursuant to Section 404 of the Federal Water Pollution Control Act, 33 U S C §
1344, for the project, and shall also become conditions of the License The conditions of this
Certification are not modified or superseded by any condition or article of the License.
14. This Certification does not grant or affirm any property right, license or privilege in any -
waters or any right of use in any waters This Certification does not authorize any person to =
interfere with the riparian nghts,- littoral rights or water use rights of any other person, and this -
Certification does not create any prescriptive right or any right of priority regarding any usage of
water No person shall interpose this Certification as a defense in any action respecting the
determination of riparian or littoral rights or other water use rights No consumptive user is
deemed by virtue of this Certification to possess any prescriptive or other right of priority with -
respect to any other consumptive user regardless of the quantity of the withdrawal or the date on _
which the withdrawal was initiated or expanded. This Certification issues on the express
understanding of DENR that, pursuant to Federal Power Aft section 27, 16 U.S.0 § 821, the
License does not establish or determine a proprietary right tQ any use of water. It establishes the
nature of the use to which a proprietary right may be put under the Federal Power Act
Violations of any condition herein set forth may result in revocation of this Certification
and may result in criminal and/or civil penalties or other enforcement action. This Certification
shall beconie null and void unless the above conditions are made conditions of the FERC Permit.
This Certification shall expire upon expiration of the FERC permit.
If this Certification is unacceptable to you, you have the right to an adjudicatory hearing
upon written request within sixty (60) days following receipt of this Certification. This request
must be in the form of a written petition conforming to Chapter 150B of the North Carolina
General Statutes and filed with the Office of Administrative Hearings, P O. Box 27447, Raleigh,
'�.C. 27611 -744', If mod fications are :Wade to an ongmal Cerluficat.on, you have the -fight to
an adjudicatory hearing on the modifications upon written request within sixty (60) days
following receipt of the Certification Unless such demands are made, this Certification shall be
final and binding. =
This is the 8'' day of November 2004
Certification Number 3447
DIVISION OF W T EPA QUALI T z'
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modifie
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