20030191 Ver 3_General Correspondence_20140821

August 18, 2014
Brookfield Smoky Mountain Hydropower LLC
314 Growdon Boulevard
Tallassee, TN 37878
RE: Brookfield Smoky Mountain Hydro Project (FERC No. 2169)
Agency Consultation — FERC License Amendment
RECEIVED
AU6 2 12014
DE NR- LAND QUALITY
STORMWATER PERMITTING
' Effective August 1, 2013, the North Carolina Department of Environment and Natural Resources divisions of
Water Quality and Water Resources were merged into one pro-ram called the North Carolina Division of Water
Resources.

Table J. --tgh flow releases Jor the Gheoah -{aver
High Flows
Year I
Year 2
Year 3
Year 4
Year 5
Magnitude
(e fs)'
Events
1 Days
Events
Days
Events
Days
Events
Days
Events
Days
_
January
February
1
2
1
2
1
2
1
2
1
2
1000
March
1
3
1
3
1
3
1
3
1
3
_
10003
April
2
5
3
6
2
5
2
5
3
6
.1000'
May
F 2
4
2
4
3
6
3
6
3
6
1000'
.June
1
2
.1
2
1
2
10005
,July
1
2
1000'
August
_
1
1
1000
Se terrzber
1
I
I
1
1000
October
.1
1
1
1
1
1
10006
November
I
I
I
I
I
I
I
1
1
1
10006
December
Total
1,
10
19
10
19
10
20
10
19
10
20
Irvin 1 14 1 ue 1 —1 11,'— '—j—, —y "J 111. i ccc osoc� �w »aaue sec oe� y i cnr, 4s�c.o, revcurq a.ui u . u.
continuously front the start of the release (e.g., Hour 16 starts on dray I at 4 PM and.Hour 32 starts on
day 2 at 8 AM)
I

'1, 000 cfs from Hour 8 through Hour 11 (4 hours); 600 cfs from Hour 12 through Hour 16 (5 hours); 400
cfs f ,orn Hour 17 through Hour 31 (15 hours); 200 cfs from Hour 32 through Hour 43; 100 cfs for Hour
44
' 1, 000 efs from Hour 8 through Hour 15 (8 hours); 600 cfs ftom Hour 16 through Hour 35 (20 hours);
300 cfs from Hour 36 through Hour 63 (28 hours)
`For 2 clay events: 1, 000 cfs from Hour 8 through Hour 15 (8 hours); 350 cfs from Hour 16 through Hour
31 (16 hours); 1,000 cfs from Hour 32 through Hour 37 (6 hours); 850 cfs from Hour 38 through Hour
39 (2 hours)
For 3 day events: 1, 000 cfs from Hour 8 through Hour 15 (8 hours); 350 cfs from Hour 16 through Hour
31 (16 hours), 1, 000 cfs from Hour 32 through Hour 37 (6 hours); 850 cfs from Hour 38 through Hour
39 (2 hours); 300 cfs from Hour 40 through Hour 63 (24 hours)
' 1, 000 cfs from Hour 8 through Hour 15 (8 hours); 350 cfs from Hour 16 through Hour 3.1 (16 hours);
1, 000 cfs from Hour 32 through Hour 37 (6 hours); 850 cfs from Hour 38 through Hour 39 (2 hours)
61,000 cfs from Hour 8 through Hour 15 (8 hours)
f. For 2- and 3 -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.
g. For 2- and 3 -day events in April through ,hily, after the end of the 8 hours of high
flow on day 1, the flow will he reduced to 350 cfs until the beginning hour of high
flow on day= 2.
h. The Applicant shall schedule single day high flow events from September through
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
(UST, WS), the US Forest Service (USFS), the North Carolina Wildlife Resources
Commission (NCWRC), the North Carolina Department of Environment and .Natural
Resources (N('DENR), the Eastern Band of Cherokee Indians (EBCI), and Graham
County of the proposed schedule of'high flow events.

Pro'oosed Non - Capacity FERC License Amendment
Sincerely,
Marshall L. Olson
Compliance Manager
cc: Myra Hair — BSMM
Attachment

NORTH
(CERTIFICATION

NCDENR
North Carolina Department «f Environment 8Od Natural Resources
Pat McCrory John E. Skvarla, |H
bOve0O[ Secretary
DWR # 03-0191 V3
Brookfield Smoky Mountain Hydropower, LL[
Attn: Marshall L. Olson
3l4GrowdonBoulevard
TaUassee,TN37878
Subject: Approval of Individual 401 Water Quality Certification with Additional Conditions
Smoky Mountain Hydro Project (formerly Tapoco Hydroelectric Project)
FER[#2169
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 150B by filing a written petition for an
administrative hearing to the Office of Administrative Hearings (hereby known as UAH) within
sixty (60) calendar days.
A petition form may be obtained from the OAH at or bv calling the DAH
Clerk's Office at [phone] for information. A petition is considered filed when the original
and one (l) copy along with any applicable OAH filing fee is received in the OAH during normal
office hours (Monday through Friday between 8:00am and 5:00pno, excluding official state
Division of Water Resources -40& Buffer Permitting UK
107 Mail Service Center, Raleigh, Nort Carolina 27699-1617
Location: 512 N, Salisbury St, Raleigh, North Carolina 27604
Phone: 319-8O7-030N\ FAX: [phone]
|nteme1:vm*woowa1erque|ity.org
An Equal Opportunity \Affirmative Action Employer—Madein partby recycled paper

Brookfield Smoky Mountain Hydropower, UI
DVVR#O3'OI9IY3
Individual Certification #3447
Page 2ofI2
The petition may be faxed to the O&Hat/919\431-310O provided the original and one copy mfthe
petition along with any applicable CIAH filing fee is received by the OAH within five (5) business
days following the faxed transmission,
'#714 Mail Service Center
Raleigh, NC 27699-6714
If sending via delivery service (UPS,
FedEx etc): Office of Administrative Hearings
171I New Hope Church Road
Raleigh, NC 27609-6285
Lacy Presne|[General Counsel
Department mf Environment and Natural Resources
16Ol Mail Service Center
Raleigh, NC27699-16O1
cc: Fred Tarver,0CDWR (via email)
[hhsGoudneau NCWR[ (via email)
U5ACE Asheville Regulatory Field Office
Todd Bowers, EPA, Sam Nunn Federal Center, 61 Forsyth Street SW, Atlanta, GA 30303
DVVRARO4O2files

Brookfield Smoky Mountain Hydropower, UI
DVVR#U3-Ol9lY3
Individual Certification #9447
PaRe3of1Z
The State of North Carolina certifies that this activity will not violate the applicable portions of
Sections 30l,3Q2,3U3,30Ei3O7uf the Public Laws 92-5OO and PL95-217if conducted |m
accordance with the application, the supporting documentation, and conditions hereinafter set
forth.

Brookfield Smoky Mountain Hydropower, UI
QVV8#OB-819IV3
Individual Certification #3447
Page 4ofIZ
In order to allow state and federal agencies to complete the collection of three full years of
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.
Flow Rate (cfs)
Month
Tier A
Tier B
January
50
50
100
90
—February —
March
100
90
100
90
—April
June
60
60
July
60
50
50
40
—August
50
40
—September
October
50
40
November 4—
50
40
December
60__��
50

Brookfield Smoky Mountain Hydropower, LLC
DWR# 03 -0191 V3
Individual Certification #3447
Page 5 of 12
Table • for -•
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 terra 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
AD icant shall orovide hiRh flow events startin- m r 1 - 2005
�`. i�t,": �li�i�' ��.► r�il�'��FS"�L+F= L4i7�iiiaT_7i \F SfY)��.f \�X1
High Flows
Year 1
Year 2
Year 3
Year 4
Year 5
Magnitude (cfs)l
Events
Days
Events
Days
Events
Days
Days
Events
Days
January
_
February
1
2
1
2
1
_
2
r2nts
2
1
2
1000
March
1
3
1
3
1
3
3
1
3
10003
2
5
3
6
2
5
5
3
6
1000"
_April
May
2
4
2
4
3
6
3
6
3
6
10005
June
1
2
1
2
1
2
10005
July
1
2
�
boos
August
1
1
10006
September
1
1
1
1
10006
October
1
1
1
1
1
1
10006
November
1
1
1
1
1
1
1
1
1
1
10006
December
Total
10
19
10
19
10
20
10
19
10
20
Hour i siarls aT i HMI un time mbi udy ui Ole teled Jei iui nIuatspie uay ie�ea�ca, uuun ale wuuwu Lvnunuvuo nvuf u.e 5
of the release (e.g., Hour 16 starts on day 1 at 4 PM and Hour 32 starts on day 2 at 8 AM)
21,000 cfs from Hour 8 through Hour 11 (4 hours); 600 cfs from Hour 12 through Hour 16 (5 hours); 400 cfs from Hour 17
through Hour 31, (15 hours); 200 cfs from Hour 32 through Hour 43; 100 cfs for Hour 44
31,000 cfs from Hour 8 through Hour 15 (8 hours); 600 cfs from Hour 16 through Hour 35 (20 hours); 300 cfs from Hour 36
through Hour 63 (28 hours)
z9-

Brookfield Smoky Mountain Hydropower, UI
DWR#O3-019lv3
Individual Certification #3447
Page 5ofzI
4 For z day events: 1,000cb from Hour o through Hour zs(8 howrs);asocb from Hour zs through Hour au(z6hours); 1,Ooo
cfs from Hour 32 through Hour 37 (6 hours); 850 cfs from Hour 38 through Hour 39 (2 hours)
For s day events: 1,000 cfs from Hour 8 through Hour 15 (8 hours); 350 cfs from Hour 16 through Hour 31 (16 hours); 1,000
cfs from Hour 32 through Hour 37 (6 hours),- 850 cfs from Hour 38 through Hour 39 (2 hours); 300 cfs from Hour 40 through
Hour 53(n4hours)
1,000 cfs from Hour 8 through Hour 15 (8 hours); 350 cfs from Hour 16 through Hour 31 (16 hours); 1'nonrb from Hour ao
through Hour 37(shuuo);asocb from Hour su through Hour 2s(zhours)
s1,O8odt from Hour D through Hour 1s(Dhours)
3) The Applicant shall convene an annual planning meeting in early October of each year which
EBCI notify the Applicant prior to the annual meeting that they have determined by consens
that unanticipated circumstances have arisen that indicate that additional aquatic habitat
enhancement would result from the reallocation of waste previously committed to the aqualt

Brookfield Smoky Mountain Hydropower, LLC
DVVR#O8-QI91\g
Individual Certification #3447
Page 7mf12
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 atrie| basis in
addition 1n 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, E13CI 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.

Brookfield Smoky Mountain Hydropower, UI
DWR#O3-019lV3
approval will implement the revised high flow event schedule.
Elevation minimum decreased by 0.50 feet below the operating curve.
Stage 3: Reduce high flow duration bv2O0%. Elevation minimum decreased bvO.7Sfeet
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 nf the spillway gates (or va|ve).

Brookfield Smoky Mountain Hydropower, UI
DVVR#O3-Ol91V5
individual Certification #3447
Page 9of12
modification and upon FERC approval will implement the modified protocol.
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:
approval by FERC a plan and schedule for modifying the Tainter gates.
The Applicant shall operate Santeetlah Reservoir according to the following operating rules
except when operating under the Low Inflow Protocol (Condition 5):

Individual Certification #5447
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 hy the sensor tothe
dispatcher's office. The Applicant shall make available Geoteet|ah 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).

Brookfield Smoky Mountain Hydropower, UI
DVVR#08'VIg1V3
Individual Certification #3447
Page 11of13
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

Brookfield Smoky Mountain Hydropower, UI
DVVR#Q3CI9IV9
Individual Certification #3447
Page 12oflZ
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.
`
Karen Higgins, Supervisor
4O16k Buffer Permitting Unit
NM