20030191 Ver 3_Approval Letter_20140311

March 11, 2014
DWR # 03 -0191 V3
Graham & Swain Counties
Brookfield Smoky Mountain Hydropower, LLC
Attn: Marshall L. Olson
314 Growdon Boulevard
Tallassee, TN 37878
Subject: Approval of Individual 401 Water Quality Certification with Additional Conditions —
Revision 2
Smoky Mountain Hydro Project (formerly Tapoco Hydroelectric Project)
FERC # 2169
Dear Mr. Olson:
Attached hereto is a copy of Certification No. 3447 issued to Marshall L. Olson and
Brookfield Smoky Mountain Hydropower, LLC, dated March 11, 2014. This certification
replaces the previous certification issued on November 8, 2004. Please note that you
should get any other federal, state or local permits before proceeding with the subject
project, including those required by (but not limited to) Sediment and Erosion Control, Non -
Discharge, and Water Supply Watershed regulations.
This approval and its conditions are final and binding unless contested. This Certification can be
contested as provided in Articles 3 and 4 of General Statute 1508 by filing a written petition for
an administrative hearing to the Office of Administrative Hearings (hereby known as OAH)
within sixty (60) calendar days.
A petition form may be obtained from the OAH at http:/ /www.ncoah.com/ or by calling the
OAH Clerk's Office at (919) 431 -3000 for information. A petition is considered filed when the
original and one (1) copy along with any applicable OAH filing fee is received in the OAH during
normal office hours (Monday through Friday between 8:00am and 5:00pm, excluding official
state holidays).
401 & Buffer Permitting Unit Ta7One 1, t
1650 Mail Service Center, Raleigh, North Carolina 27699 -1650 1 V orthCarOfina
Location: 512 N. Salisbury St. Raleigh, North Carolina 27604
Phone: [phone] FAK 919- 807 -6494 \ Customer Service: 1 -877- 623 -6748 Nalzmally
Internet: www ncwaterquality.org

Brookfield Smoky Mountain Hydropower, LLC
DWR# 03 -0191 V3
Individual Certification #3447
Page 2 of 12
The petition may be faxed to the OAH at (919) 431 -3100, provided the original and one copy of
the petition along with any applicable OAH filing fee is received by the OAH within five (5)
business days following the faxed transmission.
Mailing address for the OAH:
If sending via US Postal Service: If sending via delivery service (UPS, FedEx, etc):
Office of Administrative Hearings Office of Administrative Hearings
6714 Mail Service Center 1711 New Hope Church Road
Raleigh, NC 27699 -6714 Raleigh, NC 27609 -6285
One (1) copy of the petition must also be served to DENR:
Lacy Presnell, General Counsel
Department of Environment and Natural Resources
1601 Mail Service Center
Raleigh, NC 27699 -1601
Unless such a petition is filed, this Certification shall be final and binding.
This certification completes the review of the Division under section 401 of the Clean Water Act
and 15A NCAC 02H .0500. Contact me at 919 - 807 -6360 or karen.higgins @ncdenr.gov or
Jennifer Burdette at 919 - 807 -6364 or jennifer.burdette @ncdenr.gov or if you have any
questions or concerns.
Sincerely,
Karen Higgins, Supervisor
401 & Buffer Permitting Unit
cc: Fred Tarver, NCDWR (via email)
Chris Goudreau, NCWRC (via email)
USACE Asheville Regulatory Field Office
Todd Bowers, EPA, Sam Nunn Federal Center, 61 Forsyth Street SW, Atlanta, GA 30303
DWR ARO 401 files
DWR 401 & Buffer Permitting Unit
Filename: 03019lV3BrookfieldTapoco (GrahamSwain)_401_IC_Mod.docx

Brookfield Smoky Mountain Hydropower, LLC
DWR# 03 -0191 V3
Individual Certification #3447
Page 3 of 12
NORTH CAROLINA 401 WATER QUALITY CERTIFICATION
CERTIFICATION #3447 is issued in conformity with the requirements of Section 401, Public Laws
92 -500 and 95 -217 of the United States and subject to North Carolina's Regulations in 15 NCAC
02H .0500, to Marshall L. Olson and Brookfield Smoky Mountain Hydropower, LLC, who have
authorization to retain the Santeetlah and Cheoah Dams on the Cheoah and the Little Tennessee
Rivers, as described within your revised application received by the N.C. Division of Water
Resources (Division) on February 19, 2003, subsequent information on March 18, 2003 and
October 30, 2003, request for modification on December 20, 2013 and subsequent information
on January 28, 2014.
The State of North Carolina certifies that this activity will not violate the applicable portions of
Sections 301, 302, 303, 306, 307 of the Public Laws 92 -500 and PL 95 -217 if conducted in
accordance with the application, the supporting documentation, 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 change your project, you must notify us and may be
required to send us a new application for a new Certification. If the property is sold, that 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 statues, rules, regulations, or ordinances that may be imposed by other
government agencies (local, state and federal) which have jurisdiction, 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 NCG010000, and
any requirements pertaining to wetlands under 15A NCAC 213 .0200, 15A NCAC 2H .0500 and
15A NCAC 2H .1300.
Conditions 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 (ADI) 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 instream flow releases, high
flow event releases and flood discharge flows). If the ADI is greater than the historic 25th
percentile average flow for that month (Table 2), the Applicant shall release flows according
to Tier A. If the ADI is less than or equal to the historic 25th percentile average flow for that
month, the Applicant shall release flows according to Tier B.

Brookfield Smoky Mountain Hydropower, LLC
DWR# 03 -0191 V3
Individual Certification #3447
Page 4 of 12
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 requirements 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 in the Cheoah River.
Flow Rate (cfs)
Month
Tier A
Tier B
January
50
50
February
100
90
March
100
90
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

Brookfield Smoky Mountain Hydropower, LLC
DWR# 03 -0191 V3
Individual Certification #3447
Page 5 of 12
Table 2. Historic 25th percentile average flow for Cheoah River
Month
Threshold Flow (cfs)
January
256
February
446
March
484
April
615
May
617
June
526
July
403
August
289
September
208
October
141
November
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.
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)l
Events
Days
Events
FDays
Events
Days
Events
Days
Events
Days
Day 1
Day 2
Day 3
January
February
1
2
1
2
1
2
1
2
1
2
1000
Var2
March
1
3
1
3
1
3
1
3
1
3
1000
6003
300
April
2
4
3
6
2
4
2
4
3
6
1000
Var4
May
2
4
2
4
3
6
3
6
3
6
1000
Var4
June
1
2
1
2
1
2
1000
Var4
July
1
2
1000
Var4
August
1
1
1000
September
1
1
1
1
1000
October
1
2
1
1
1
2
1
2
1000
Var4
November
1
1
1
1
1
1
1
1
1
1
1000
December
Total
1 10
1 19 1
10
1 19
1 10
20
10
19
10
20
112:00 a.m. (midnight) shall be the starting point for determining the appropriate time for initiating and changing flow
releases
2600cfs 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
3600 cfs from hour 16 to hour 36; 300 cfs from hour 37 to hour 48
41,000 cfs from hour 8 to hour 14; 850 cfs from hour 15 to hour 16

Brookfield Smoky Mountain Hydropower, LLC
DWR# 03 -0191 V3
Individual Certification #3447
Page 6 of 12
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 strive to schedule high flow events on weekend days (Saturday and
Sunday), but may also schedule high flow events on weekdays.
c. The Applicant shall ramp high flow events from the aquatic base flow to 250 cubic feet
per second (cfs) then to 1,000 cfs once the downstream gage at Bearpen Gap records
flow of 250 cfs. Down ramping is not required. 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;
d. For 2 -day events in February, the release duration is 4 hours for day 1; releases are
targeted to begin at hour 8;
e. 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;
f. For 2 -day events in April through July and October, 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.
g. For 2 -day events in April through July and October, after the end of the 8 hours of high
flow on day 1, the flow will be reduced to 350 cfs until the beginning hour of high flow
on day 2;
h. The Applicant shall schedule single day high flow events between September and
November with a minimum of 10 days between events.
i. The Applicant will provide 12 months prior notice to the US Fish and Wildlife Service
( USFWS), the US Forest Service (USFS), the North Carolina 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, NCWRC, USFS, USFWS and EBCI. If NCDENR, NCWRC, 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, NCWRC, 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;

Brookfield Smoky Mountain Hydropower, LLC
DWR# 03 -0191 V3
Individual Certification #3447
Page 7 of 12
b) Any requested reallocation shall be designed to minimize any additional lost generation
(either in lost megawatts and /or lost value) and operating costs;
c) Under no circumstances shall water allocated as part of the aquatic base flow regime be
utilized for high flow events and vice versa; nor shall water from one year be reallocated
to any other calendar year; and
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, 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.
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 timing of such additional trial high flow events.
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 El3CI's assessment of
the effects of the additional trial high flow events on the Cheoah River aquatic and
associated riparian biological communities, on water levels in Santeetlah Reservoir, and
other water - quality related 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.

Brookfield Smoky Mountain Hydropower, LLC
DWR# 03 -0191 V3
Individual Certification #3447
Page 8 of 12
5) If inflow is not adequate to provide high flow releases and maintain required reservoir
levels while maintaining instream 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 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 minimum 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 US 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 River 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.

Brookfield Smoky Mountain Hydropower, LLC
DWR# 03 -0191 V3
Individual Certification #3447
Page 9 of 12
7) Prior to the completion of the gate modifications required in Condition 8, 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, high flow events shall be made with consideration of the following
factors:
a) Releases from November 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;
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; and
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 Protocol (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) From July 1 to September 8, the elevation of Santeetlah Reservoir 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 elevation 1936 ft.
on September 16.
g) From September 16 to November 1, the elevation of Santeetlah Reservoir shall not drop
below elevation 1936 ft.

Brookfield Smoky Mountain Hydropower, LLC
DWR# 03 -0191 V3
Individual Certification #3447
Page 10 of 12
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.
i) From December 1 through December 31, the reservoir elevation shall not drop below
elevation 1931 ft.
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 after such consultation and approval by the North Carolina Division of
Water Resources — 401 & Buffer Permitting Unit (DWR -401).
11) During emergencies and for planned project 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 DWR -401, 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 reservoir levels and flows
during emergency, maintenance and inspection activities. If DWR -401 determines that any
recurring variances may have an adverse effect on water quality, DWR -401 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 DWR -401. The Applicant shall take all reasonable
and necessary actions to implement any such protocol.

Brookfield Smoky Mountain Hydropower, LLC
DWR# 03 -0191 V3
Individual Certification #3447
Page 11 of 12
12) The Applicant shall identify and report in writing existing and proposed consumptive uses to
DWR -401 and the 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 DWR -401 and DWR within 60 days
of the acceptance of the License and shall report proposed new or expanded consumptive
uses to DWR -401 and DWR within 30 days of receiving a request for the proposed new or
expanded withdrawal and before submitting any requests to FERC.
13) The Applicant shall conduct its activities in a manner 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 DWR -401 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, DWR -401 may reevaluate and modify this Certification to include
conditions appropriate to assure compliance with such standards and requirements in
accordance with 15A NCAC 21-1.0507(d). Before modifying the Certification, DWR -401 will
notify the Applicant and FERC, provide public notice in accordance with 15A NCAC 21-1.0503
and provide opportunity for public hearing in accordance with 15A NCAC 2H .0504. Any
new or revised conditions will be provided to the Applicant in writing, will be provided to
the US 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 rights, 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
Act section 27, 16 U.S.C. § 821, the License does not establish or determine a proprietary
right to any use of water. It establishes the nature of the use to which a proprietary right
may be put under the Federal Power Act.
15) This certification grants permission to the director, an authorized representative of the
Director, or DENR staff, upon the presentation of proper credentials, to enter the property
during normal business hours.

Brookfield Smoky Mountain Hydropower, LLC
DWR# 03 -0191 V3
Individual Certification #3447
Page 12 of 12
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
become null and void unless the above conditions are made conditions of the FERC Permit. This
Certification shall expire upon expiration of the FERC permit.
This the 11th day of March 2014
Karen Higgins, Supervisor
401 & Buffer Permitting Unit
3447