20030181 Ver 3_Staff Comments_20140917

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North Carolina Department of Environment and Natural Resources
Pat McCrory
Governor
September 17, 2014
Via Email
Mr. Marshall Olson, Compliance Manager
Brookfield Smoky Mountain Hydropower LLC
314 Growdon Boulevard
Tallassee, TN 37878
John E. Skvarla, III
Secretary
RE: Brookfield Smoky Mountain Hydro Project (FERC No. 2169)
Non - Capacity License Amendment — Santeetlah Dam Flows to Cheoah River
Dear Mr. Olson:
This correspondence is in reference to your August 18, 2014, letter requesting comments
on a proposed non - capacity license amendment related to high -flow events from
Santeetlah Dam, located on the Cheoah River in Graham County. The change in flows was
conceptually agreed to by the resource agencies and others in 2010 to provide more
flexibility in scheduling high -flow events, improve aquatic resource protection, and improve
clarity for operations and the public. These changes have been approved as part of a
revision to the 401 Water Quality Certification. The amendment is necessary to make the
FERC license compatible with the Certification.
The North Carolina Division of Water Resources (DWR) was involved in developing the
details of the revised flow plan, supported the change of the Certification and issued the
revised Certification.
It should be brought to your attention that in the concluding paragraph of the Certification
attached to your letter, Attachment 1 - Page 12 of 12, the reference to the "FERC Permit"
should be understood to refer to the current FERC license associated with this project.
Given this understanding DWR concurs with the proposed license amendment.
1611 Mail Service Center, Raleigh, North Carolina 27699 -1611
Phone: 919 - 707 -9000 \ Internet: www.ncdenr.gov
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If you have any questions concerning these comments, please call me at 919-707-9029 or
by email at [e-mail].
Sincerely,
Fred R Tarver III, Basin Planning Branch
Division of Water Resources, NCDENR
Cc: Jennifer Burdette, DWR-401
Chris Goudreauf NCWRC
Mark Cantrell, USDI-FWS
Jason Farmer, USDA-FS
Myra Hair, BSMH LLC
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