20030181 Ver 3_More Info Received_20140821

Brookfield
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
Dear Agencies,
RECEIVED
AUG 2 12014
DENR -LAND QUALITY
STORMWATER PERMITTING
Brookfield Smoky Mountain Hydropower LLC (BSMH), licensee of the Brookfield Smoky
Mountain Hydro Project (FERC No. 2169) (Project or Smoky Project), formerly the Tapoco
Hydroelectric Project, plans to submit an application to the Federal Energy Regulatory
Commission (FERC) for a non - capacity related amendment to the FERC license for the Smoky
Project. The purpose of this letter is to describe the proposed non - capacity related license
amendment and consult with all relevant resource agencies.
Background
On January 25, 2005, FERC issued an order approving settlement and issuing a new 40 -year
License for Project No. 2169. The FERC Order includes the North Carolina Section 401 Water
Quality Certification (Certification) dated November 8, 2004 which was issued by the North
Carolina Department of Environment and Natural Resources (NCDENR) Division of Water
Quality' to Alcoa Power Generating Inc. (APGI) 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 BSMH, who has since renamed the project the Smoky
Mountain Hydro 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, North Carolina 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 5, 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 BYE schedule and asked BSMH to pursue any necessary modifications to
the 401 Water Quality Certificate and Project license.
' Effective August 1, 2013, the North Carolina Department of Environment and Natural Resources divisions of
Water Quality and Water Resources were merged into one program called the North Carolina Division of Water
Resources.

In accordance with the�Certification, BS'MH notified.NCDENR Division of Water Resources
( NCDWR) of,a proposed change in the Project in December 2013 and inquired about the
process for modifying the Certification. BSMH outlined the proposed modifications to the
Cheoah River HFE schedule (Condition No. 2.and`Table 3), which generally`provide.more
flexibility in scheduling and,create,additional opportunities for recreational use-of the river.
Based on the information BSMH provided to NCDWR in December -2013 and a follow -up
conversation in February 2044, NCDWR determined that a new application would not be
required to issue a revised Certification. NCDWR issued a revised Certification on March 11,
2014. BSMH worked cooperatively with the North Carolina resource agencies to provide
subsequent information to NCDWR in June 2014 to clarify andicorrect details related to the
proposed HFE modifications. NCDWR issued a revised Certification on June 27, 2014 that
replaces the March 2014 Certification (Attachment 1)
Revised Certification
Condition 2 and Table 3 in Condition 2 have been revised to read as follows.
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 Dana, subject-to the determination of'FERC in issuing
anew license for�the project, the Applicant shall'provide high flow events starting
September 1, 2,005 or in the month after the effective date of the license, whichever is
later
Table 3 High flowv eleases for,the Cheoah River
High Flows
Year I
Year 2
Year 3
Year 4
Year 5
Magnitude
cfs
Events
Days
Events
Days
Event`s
Days
Events
Days
Events,
Days
jdanua
February
1
2
1
2
1'
2
1
2
1
2
1'000'
March
1
3
1
3
1
3
1
3
1
3
1,0603
April
2
5
3
6
2
5
2
5
3
6
10004 _
may
24
2
4
3
6
3
6
3
6
10005
June
1
2
7
2
1
2
1000 -
Jul
1
2
10005
August
1
1
10006
September
1
1'
1
1
10006
October
1
)
1
I
1
1
10006
November
1
I
I
1
1
1
I
I
I
1
100.06
December
Total
10
,19
1'0_
19
10
20
10
19
1,0
20
Hour 1 starts at 1 AM on the first day of the release, for multiple day i eleases, houi s "ai e counted
continuously firom�the start of the release (e g , Hour 16 starts on,day I al-4 PM and Hour 32 starts on
day 2 at 8 AM)
2

21,000 cfs from Hour 8 through Hour H (4 hours), 600,cfs from Hour 12 through Hour 16_(5 hours), 400
cfs froiiii,,Hour 17 through Hour 37 (15 hours), 200 cfs from Hour,32 through -Hour 43, 100 cfs for Hour
44
31,000 cfs from,How 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)
4For 2 day events 1, 000 cfs from Hour 8 through Hoiir 1'S (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)
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 31 (16 hours),
1,000 cfs fi om Hour 32 through.How 37 (6 hours), 850 cfs from Hour 38 through Hour 39 (2 hours)
61,000 cfs from Hour 8,through Hour 15 (8 hours)
a The Applicant shall release high flows via the Tatnter gates ai'Santeetlah Dam The
Applicant shall use the headwater elevation of Santeetlah Reservozr 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- daysevents 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,- and 3 -day events zn,April through July, the release duration is also 8 hours for
the day 2 high flow releases;, releases on,day2 are scheduled to 'begin at hour 8
g For 2- and 3 -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 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
z 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 proposed4chedule of high flow,events

Proposed Non - Capacity FERC'License Amendment
Since the revised Certification issued June 27, 2014 is now inconsistent with Appendix F to the
FERC Project license, BSMH plans to submit an application to FERC for a non - capacity related
amendment to the FERC license for, the Smoky Project. 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. FERC
requires that the licensee consult with the appropriate resource agencies and Indian tribes to the
extent that the proposed amendment would affect the, interests of the agencies or tribes and
discuss the results of the consultation in the application.
Please review and provide your�concurrence and comments on,the proposed non - capacity FERC
license -amendment within 30 days of the,date of this letter (or September 17, (2014). If you have
any questions or would like additional information, please feel free to,contact me -at (865) 255-
4240 or marshall.olson(&brookfieldrenewable.com.
Sincerely,
Marshall' L. Olson
Compliance Manager
cc: Myra Hair — BSMH
Attachment
4

ATTACHMENT I - NORTH CAROLINA 401 WATER QUALITY CERTIFICATION
(CERTIFICATION NO. 3447) DATED JUNE 27, 2014

V/
40
NCDENR
North'Carolina Department of'Environment and Natural Resources
Pat.McCrory John E Skvarla, III
Governor Secretary
June 27,, 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 3
,Smoky Mountain Hydro, Project (formerly Tapdco Hydroelectric Project)
FERC # 2,169
Dear Mr. Olson:,
Attached hereto is a copy of Certification No 3447 issued to Marshall L Olson and Brookfield
Smoky Mountain Hydropower, LLC, dated June 27, 2014 This certification replaces the
previous certification issued on' March 11, 2014. Please note that you should ,get any other
federal', state or local permits before proceeding with the subject project, iricluding,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'm Articles 3 and 4 of General Stafute,150B 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)
'Division of'Water Resources — 401 & Buffer Permitting Unit
1617'Mail Service' Center,„ Raleigh,, North Carolina 27699 -1617
Location 512,N Salisbury St Raleigh, North Carolina 27604
Phone [phone] FAX [phone]
Internet www ncwat'ercluality org
An Equal Opportunity VAffirmative Action Employer— Made in part by recycled paper

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
Office of Administrative Hearings
6714 Mail Service Center
Raleigh, NC 27699 -6714
If sending via delivery service (UPS,
FedEx, etc)-
Office of Administrative' Hearings
'1711 New Hope Church Road
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,
6wr�
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 files
Filename 030191V3Brookfie` IdTapoco (GrahamSwain)_401_IC_Mod2 d'ocx

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 ofiSection 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,,
June 6, 2014 and June 25, 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 anew application for anew Certification If-the property is sold, that new
owner must be given a copy of the Certification and approval letter and'is thereby responsiblelor
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 2B.0200, 15A NCAC 2H 0500 +and 1'5A 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 bycalculatingthe 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 AN 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 Rivera
Flow Rate'(cfa)
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
56
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
w
Table 2. Historic 25th percentiI&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.
Tahle 3. High flow releases for the Cheoah River
'High Flows
v Year 1
Year 2
Year 3
Year 4
Year 5
Magnitude (cfs)'
Events
Days
Events
Days
,Events
Days
Events
Days
_
January
February
!EveotisDays
2
1
2
1
2
1
2
1
2
1000
March
3
1
3
1
3
1
3
1
3
10003
April
2
5
'3
6
2
5
2
5
3_
6
10004
May
2
4
2
4
3
6
3
6
3
6
10005
June
1
2
1
2_
1
2
1000
July
1
2
1000
August
1
1
10006
September,
1
1
1
10006
October
1
1
1
1
_
1
1_
10006
November'
1
1
1
1
:10
1_
1000
December
Total
10
19
10
19
20
10
19
10
20
Hour 1,starts,at 1 AM on'the firstday of the release, for multiple day releases, hours are counted continuously from the start
of the release,(e g , Hour 16•starts on day -1 at 4 PM and Hour 32 starts on day 2 at8 AM)
'z1;000 cfs from Hour 8 through Hour 11 (4 hours), 600 cfs from Hour 12through Hour 16 (5 hours), 400 cfs from Hour 17
through Hour 31 (15.hours), 200 cfs4rom 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)

Brookfield Smoky Mountain Hydropower, LLC
DWR# 03 -0191 V3
Individual Certification,#3447
Page,6 of 12
°For 2 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)
For ElAay events 1,000 cfs'from Hour 8 throughMour 151(8 hours) „350 cfs from Hour 16,through Hour 31 (16 hours), 1,000
cfs,from Hour 32 throu&Hour 37 (6 hours),,850 cfs from Hour 38 through Hour 39 (2 hours), 300 cfs from Hour 40 through
Hour 63 (24,hours)
51,000 cfs from Hour 8,through Hour15 (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)
61,000 cfs from Hour 8 through Hour 15 (8 hours)
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- and 3 -day events in April through July, the release duration is also &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 Aprilthrough July, 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 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
( 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 °th,e 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

Brookfield,Smoky Mountain Hydropower, LLC
DWR# 03 -0191 V3
Individual Certification #3447
Page 7 of 12
base flows and /or high flow event schedule as required in Conditions 1 and 2, then the
Applicant shall discuss with these eritities'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, USES, 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 entitles;
b) Any requested reallocation shall`be designed to m'in "imlze anyadditional lost generation
(either in lost megawatts and /or Post value) and'operating costs;
c) Under no,&cumstances 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- flung °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, NCDENIZ,'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 fiveyear 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 atrial basis, then the Applicant will consult with USFWS, USFS,
NCWRC, NCDENR, EBCI and Graham Countyto 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
repeati'ng'five year schedule of high flow events.

Brookfield Smoky Mountain Hydropower, LLC
DWR# 03 -6191 V3
Individual Certification 43447
Page 8 of 12
In conjunction with the subsequent annual planning meetings, the Applicant -will consultwith
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 assessmentrof 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.
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 stagesswill 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, l 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 operatingicurve
Stage 4 Elevation,minimum decreased by 10 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.

Brookfield Smoky Mountain Hydropower, LLC
DWR# 03 -0191 V3
Individual Certification; #3447
Page 9 of 12
Based on actual experience, the Applicant may consult with state and federal agencies to
modify the Low Inflow Protocol If agreement is .reached with N'CDENRon modify",ing 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 icontinue funding the existing,US Geological Survey (USG$),Bear,pen 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 to1he,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, 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 ofthe 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 weekend's 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 notapply;, °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 Applicantvshall 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, th-e aquatic base and high flow releases during
the winter draw,down 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):

Brookfield Smoky Mountain Hydropower, -LLC
DWR #,03 -0191 V3
Individual Certification #3447
Page 10,of 12
a) From January 1 to March 1, the elevation of Santeetl'a_h 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
betweemelevation 1936 ft. on June 23 and' elevation 1937 ft on July
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.
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 reservoirelevation shall not drop below,
elevation 1,931 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 th&,sensor to the
dispatcher's office The Applicant,shall make available Santeetlah,Reservoir elevation, data on
an hourly basis via the Internet
Based'on actual experience, the Applicant may consult WitHriterested parties on the actual
water level`resu Its, 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

Brookfield Smoky Mountain Hydropower, LLC
DWR# 03 -0191 V3
Individual Certification #3447
Page 11 of 12
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 requinements'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
12) The Applicant shall identify and report in writing existing and proposed consumptive uses to
DWR -401 and the DWR. The Applicarit'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) Vie 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 2H 0507(d) Before modifying,,the Certification, DWR -4,01 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 2H 0504. Any new or revised
conditions will be provided-to the Applicant in writing, will be p"rovid"e_d 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 Certi'ficatiorrare not modifie6or 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

Brookfield Smoky °Mountain Hydropower, LLC
DWR# 03 -019]: V3
Individual Certification #3447
Page 12 of 12
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�credemtials, to enter the property
during normal business hours.
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 27th day,of June 2014
Karen Higgins, Supervisor
401 & Buffer Permitting Unit
3447