20030191 Ver 3_Other Documents_20150312

Burdette, Jennifer a
From: Hair, Myra < Myra .Hair @brookfieldrenewable.com>
Sent: Thursday, March 12, 2015 4:06 PM
To: Iemccombs @americanrivers.org'; 'acowden @blounttn.org'; 'citymanager@cityofalcoa -
tn.gov'; 'gmcclain @maryville - tn.gov'; 'dcdhagen @gmail.com';
Joyce_stanley @ios.doi.gov'; 'ashlbrow @nc- cherokee.com'; 'yolasaun @nc -
cherokee.com'; 'deyestone @charter.net'; Cable, Greg L; jeff_duncan @nps.gov;
jeff_troutman @nps.gov; 'caleb_abramson @nps.gov'; 'matt_Kulp @nps.gov';
'dbarger @npca.org'; Johnson, Tim; Tarver, Fred; Mcmillan, Ian; Burdette, Jennifer a;
Karoly, Cyndi; Goudreau, Chris J.; 'renee @tcwn.org'; 'jimmy.r.smith @tn.gov';
'john.mike @tn.gov'; dave.mckinney @tn.gov; 'awyss @tnc.org'; 'g lynch @tnc.org';
'townofrobbinsville @hotmail.com'; ' info @townoflakesanteetlah.org';
'harold.peterson @bia.gov'; 'jmorris @fs.fed.us'; 'ddalton @fs.fed.us';
Imonica. ride nour @sol.doi.gov'; mark_a_cantrell @fws.gov; 'juliedmoore @fs.fed.us';
'amgee @fs.fed.us'; 'julie @mountaintrue.org'
Cc: Hair, Myra; Olson, Marshall; Ammons, Oliver (Lindy); Williams, Bret
Subject: Delegated Order issued in FERC P- 2169 -108
Attachments: FERC_ Order_ Amending_License_3- 11- 2015.pdf, Brookfield Revised 401.pdf
Members of the Brookfield Smoky Mountain Hydro (BSMH) Relicensing Settlement Agreement (RSA) list,
FERC issued an Order yesterday incorporating the revised 401 WQ certificate into the Smoky Project license. This is
being communicated to the RSA signatories list, for which your name appears as the contact. The proposed revisions are
now part of our license and will be included as revisions into the current procedures. Feel free to contact me with
comments, questions or concerns at (865)207 -7902.
Thanks,
Myra S. Hair
Compliance Specialist
Brookfield Smoky Mountain Hydro
Brookfield Renewable Energy Group
US Operations
314 Growdon Blvd. Tallassee, Tennessee 37878 T 865.977.2101 C 865.207.7902 F 865.856.6160
mvra .hair(@brookfieldrenewable.com www.brookfieldrenewable.com
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- - - -- Original Message---- -
From: 'FERC eSubscription' f mailto:eSubscription @ferc.govl
Sent: Wednesday, March 11, 2015 4:06 PM
Subject: Delegated Order issued in FERC P- 2169 -108
On 3/11/2015, the Federal Energy Regulatory Commission (FERC), Washington D.C., issued this document:
Docket(s): P- 2169 -108
Lead Applicant: Brookfield Smoky Mountain Hydropower LLC
Filing Type: Delegated Order
Description: Order incorporating revised Section 401(a) water quality certification into license and amending
operating plan re Brookfield Smoky Mountain Hydro under P -2169.
To view the document for this Issuance, click here
htto: / /elibrarv.FERC.2ov /idmws /file list.aso ?accession num= 20150311 -3056
To modify your subscriptions, click here: https:// ferconline .ferc.gov /eSubscription.aspx
Please do not respond to this email.
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Fil

31261422. 4167! C =SD! CEG ) Vopggj dj brrt ! 1402203126
150 FERC ¶ 62,140
UNITED STATES OF AMERICA
FEDERAL ENERGY REGULATORY COMMISSION
Brookfield Smoky Mountain Hydro
Project No. 2169 -108
ORDER INCORPORATING REVISED SECTION 401(a) WATER QUALITY
CERTIFICATION INTO LICENSE AND AMENDING OPERATING PLAN
(Issued March 11, 2015)
1. On October 3, 2014, Brookfield Smoky Mountain Hydropower, LLC (licensee)
filed a non - capacity license amendment request with the Federal Energy Regulatory
Commission (Commission), for the Brookfield Smoky Mountain Hydro Project (FERC
No. P- 2169). The licensee requests to amend the project license by incorporating the
North Carolina Department of Environment and Natural Resources - Division of Water
Resources ( NCDENR), revised Clean Water Act Section 401(a) Water Quality
Certification (WQC) for the project. The project is located on the Little Tennessee River
and Cheoah Rivers in Graham and Swain counties in North Carolina and Blount and
Monroe counties in Tennessee. Parts of the project occupy federal lands within the
Nantahala National Forest.
2. The NCDENR issued its original WQC for the project to protect recreational and
water resources at the project. On January 25, 2005, the Commission issued a license for
operation of the project! As a part of the project license, the Commission accepted and
incorporated the WQC into the license as Appendix F. In addition, the project license
also incorporated a revised Operating Plan into the license as Appendix A.
3. The WQC, condition 2, in part, requires the licensee to provide high flow events
following a five year schedule presented in Table 3. Section 1.2.2 of the project
Operating Plan reiterates the high flow event requirements set forth in the WQC. The
licensee states that the proposed changes to the WQC would allow for more flexibility in
scheduling high flow events and create additional recreational opportunities.
4. The WQC also requires the licensee to convene annually with the NCDENR,
Order Approving Settlement and Issuing New License. 110 FERC ¶ 61,056
(issued January 25, 2005).

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Project No. 2169 -108 - 2 -
North Carolina Wildlife Resources Commission, U.S. Forest Service, U.S. Fish and
Wildlife Service, Eastern Band of Cherokee Indians (collectively the resource agencies)
and Graham County. At its annual October meeting in 2010, the licensee and the
consulted parties agreed that changes to the high flow schedule would be beneficial to
recreational use of the river. At its October 2013, annual meeting, the resource agencies
and Graham County requested the licensee to pursue a modification of the high flow
event schedule through a revision of the WQC through the NCDENR.
5. At the request of the resource agencies and Graham County, the NCDENR issued
the licensee a revised WQC for the project, and as such, the licensee is requesting that the
Commission amend the project license to accept the revised WQC.
6. The revisions propose replacing section 1.2.2 High Flow Events (including Table
OR -2.3) of the existing Operating Plan (license Appendix A) with condition 2 (including
Table 3) of the NCDENR's June 27, 2014 amended WQC for the project. The licensee
also requests, for clarity, that the Commission replace the original WQC dated
November 8, 2004 in Appendix F of the project license, in its entirety, with NCDENR's
June 27, 2014 amended WQC.
7. The licensee's request to incorporate the NCDENR's WQC issued June 27, 2014,
would ensure that the project license protects recreational and environmental resources
and would update the license with the newly issued WQC for the project. The newly
amended WQC does not affect any of the other environmental resources of the project.
Therefore, the licensee's request to replace section 1.2.2 High Flow Events (including
Table OR -2.3) of the existing Operating Plan (license Appendix A) with condition 2
(including Table 3) of the NCDENR's June 27, 2014 amended WQC for the project, and
replace the original WQC dated November 8, 2004 in Appendix F of the project license,
in its entirety, with NCDENR's June 27, 2014 amended WQC, should be approved.
The Director orders-
(A) The North Carolina Department of Environment and Natural Resources —
Division of Water Resources (NCDENR), Clean Water Act Section 401(a) Water Quality
Certification (WQC) dated June 27, 2014, and filed October 3, 2014, for the Brookfield
Smoky Mountain Hydro Project (FERC No. P- 2169), replaces the original WQC dated
November 8, 2004 in Appendix F of the project license, in its entirety. In addition,
condition 2 (including Table 3) of the NCDENR's June 27, 2014 amended WQC replaces
section 1.2.2 High Flow Events (including Table OR -2.3) of the existing license
Operating Plan (Appendix A).
(B) This order constitutes final agency action. Any party may file a request for
rehearing of this order within 30 days from the date of its issuance, as provided

31261422. 4167! C =SD! CEG ) Vopggj dj brrt ! 1402203126
Project No. 2169 -108 - 3 -
in section 313(a) of the Federal Power Act, 16 U.S.C. § 8251(2012), and the
Commission's regulations at 18 C.F.R. § 385.713 (2014). The filing of a request for
rehearing does not operate as a stay of the effective date of this order, or of any other date
specified in this order. The licensee's failure to file a request for rehearing shall
constitute acceptance of this order.
Thomas J. LoVullo
Chief, Aquatic Resources Branch
Division of Hydropower Administration
and Compliance

AkTf:xo-wA`wA
North Carolina Department of Environment and Natural Resources
NCDENR
Pat McCrary 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 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 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, 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 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 Lwww.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: 919 - 807 -6300 \ FAX: 919 - 807 -6494
Internet: www.ncwaterquality.org
An Equal Opportunity \ Affirmative 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 [e-mail] or Jennifer
Burdette at 919 - 807 -6364 or lennifer.burdette ncdenr.gov or if you have any questions or
concerns.
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: 03019lV3BrookfieldTapoco (GrahamSwain)_401_IC_Mod2.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,
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 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 2B.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)'
Events
Days
Events
Days
Events
Days
Events
Days
Events
Days
January
February
1
2
1
2
1
2
1
2
1
2
10002
March
1
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
1000
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
1 19
10
19
1 10
1 20
1 10
19
1 10
1 20
'Hour 1 starts at 1 AM on the first day 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 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)

Brookfield Smoky Mountain Hydropower, LLC
DWR# 03 -0191 V3
Individual Certification #3447
Page 6 of 12
4For 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 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)
51,000 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)
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 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 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.
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

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 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;
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.

Brookfield Smoky Mountain Hydropower, LLC
DWR# 03 -0191 V3
Individual Certification #3447
Page 8 of 12
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
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 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.

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 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.
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):

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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.
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. 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

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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.
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

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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.
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