19970178 Ver 1_COMPLETE FILE_19970306

31i

State of North Carolina
Department of Environment, LTK;WA
Health and Natural Resources 00
Division of Water Quality A&4?1
J ""NO-0-100000
James B. Hunt, Jr., Governor
Wayne McDevitt, Secretary ED E ?---' N I1
A. Preston Howard, Jr., P.E., Director
December 10, 1997
Mr. John Boaze
Fish and Wildlife Associates, Inc.
PO Box 241
Whittier, NC 28789
Dear Mr. Boaze:
W QC Proj ect #97017 8
Macon County
On March 6, 1997, you requested a 401 Water Quality Certification from the Division
of Water Quality for your project (Queen's Creek relicensing project) located near Queen's
Creek in Macon County. We wrote to you on April 21, 1997 and May 13, 1997
discussing concerns that we have regarding the design of the project and placing it on hold
until those concerns are addressed. Recently we received your December 1, 1997 letter
requesting a withdrawal of the application until the instream flow study is completed.
Accordingly, this project is hereby retired without prejudice.
Please call me at 919-733-1786 if you have any questions or would like to discuss this
matter.
Sincerely,
fater Dorney
Quality Certifi tion Program
cc: Asheville DWQ Regional Office
Wilmington District Corps of Engineers
Central Files
I ba ° orney:r
Steve Reed, DWR
Tom Smitherman, Nantahala Power and Light Co.
970178.clr
Division of Water Quality • Environmental Sciences Branch
4401 Reedy Creek Rd., Raleigh, NC 27626-0535 • Telephone [phone] • FAX [phone]
An Equal Opportunity Affirmative Action Employer 50% recycled/ 10% post-consumer paper
Fish and Wildlife Associates, Inc.
P.O. Box 241
Whittier, N.C. 28789
[phone]
December 1, 1997
?<??
Mr. John R. Dorney
Division of Water Quality
Environmental Sciences Branch
4401 Reedy Creek Rd.
Raleigh, NC 27626-0535
Re: Queens Creek Hydroelectric Project (FERC #2694)
401 Certification
Dear Mr. Dorney:
On behalf of Nantahala Power and Light Company, we would like to formally withdraw the
request for 401 Certification dated March 3, 1997. In view of comments made by your agency in
a letter dated April 21, 1997 stating that 401 Certification will be denied without resolution of the
instream flow study, we respectfully withdraw the 401 application at this time. A future
application will be submitted following resolution of the instream flow study. Please confirm
receipt of this correspondence and withdrawal of the application by letter. If you have any
questions, please contact me at [phone].
Sincerely,
John L. Boaze
Senior Biologist
cc: Steve Reed, NC DWR
Richard Conley, NP&L
9 Quality service at a reasonable price •
Fish and Wildlife Associates, Inc.
P.O. Box 241
Whittier, N.C. 28789
[phone]
Mr. John Dorney
NC Division of Water Quality
Enviromental Sciences Branch
4404 Reedy Creek Rd.
Raleigh, NC 27607
December 1, 1997
Re: Queens Creek Hydroelectric Project (FERC No. 2694-NC)
Dear Mr. Dorney:
t<
The results of the requested study of temperature and dissolved oxygen concentrations within
Queen Creek Reservoir for the July-October 1997 period are enclosed. The figures also present
the results of 1996 temperature/dissolved oxygen monitoring for comparison. Thermal
stratification and dissolved oxygen patterns appeared similar between years. It is our opinion
that the two years are very similar and that additional studies are not needed. If your agency
feels that additional studies are necessary, please provide us with the justification. If you have
any other questions, please contact me at [phone].
Sincerely,
i
B S
?VOWP_A?
John L. Boaze
Senior Biologist
cc: Richard Conley, Hydro-Relicensing Coordinator, NP&L
Mike Wilkins, USFS
Steve Reed, NC DWR
John Ellis, US FWS
Mark Davis, NC WRC
Ted Bisterfeld, US EPA
• Quality service at a reasonable price •
J
Queens Creek Reservoir
July
0 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16
26
24
22
j 20
m 18
m
CL
E
F 16
14
12
10
0 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15
Depth (m)
1996 1997
13
12
11
10
9
rn
8
m 7
X
0
v 6
0 5
4
3
2
1
0
Figure 1. Water temperature and dissolved oxygen for Queens Creek Reservoir,
July 1996 and 1997.
Queens Creek Reservoir
August
24
[,%?
22
20
U
?i 18
m
`m
a
E 16
14
12
10 L-L
0
Iu
9
8
7
v?
E
a?
a?
a
0 5
a?
4
6
N
An
3
2
1
0
\ NI-
- - - - - - - - - - - - - -
1 2 3 4 5 6 7 8 9 10 11 12 13 14 15
0 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16
Depth (m)
1996 1997
Figure 2. Water temperature and dissolved oxygen for Queens Creek Reservoir,
August 1996 and 1997.
4 . . ,
Queens Creek Reservoir
September
24
22
20
U
a)
?j 18
a?
n
0 16
14
12

- - - - - - - - -
10
0 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16
0 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16
Depth (m)
1996 1997
10
9
8
7
E
a?
x 5
0
0
-' 4
0
U)
49
3
2
1
0
Figure 3. Water temperature and dissolved oxygen for Queens Creek Reservoir,
September 1996 and 1997.
4
Queens Creek Reservoir
October
20
U 18
a?
m
N
CL
E
9 16
14

0 1 2 3 4 5 6 7 8 9 10 11 12 13 14
0 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15
Depth (m)
1996 1997
9
8
7
m6
E
C
0 5
rn
x
0
-S) 4
0
N
(n 3
0
2
1
0
Figure 4. Water temperature and dissolved oxygen for Queens Creek Reservoir,
October 1996 and 1997.
State of North Carolina
Department of Environment,
Health and Natural Resources
Division of Water Quality
James B. Hunt, Jr., Governor
Jonathan B. Howes, Secretary
A. Preston Howard, Jr., P.E., Director
Mr. John Boaze
Fish and Wildlife Associates, Inc.
P.O. Box 241
Whittier, N.C. 28789
Dear Mr. Boaze:
,A4J*
_00111111 ???
E:> F= F1
May 13, 1997
Re: Queen's Creek hydropower relicensing
Macon County
DWQ #970178
In response to your letter of 1 May 1996 please find enclosed the 15 April 1997 memo from
Jim Mead in the Division of Water Resources regarding the need for an instream flow study and
minimum release for this project. As I stated in my 21 April 1997 letter, this project will remain on
hold as incomplete until that study is completed. I would appreciate being kept up-to-date on the
status of this work so we can conclude the 401 Certification in a timely manner. A meeting this
summer would be a logical step. I have also included a copy of our recently enacted 401
Certification rules for your review.
Please call me at 919-733-1786 if you have any questions.
cc:
Sincerely,
4Jhn. Dorney
Jim Mead, Division of Water Resources
Bill Anderson, Asheville Regional DWQ Office
Central Files
Fred Tarver, Division of Water Resourses
Division of Water Quality • Environmental Sciences Branch
4401 Reedy Creek Rd., Raleigh, NC 27626-0535 • Telephone [phone] • FAX [phone]
An Equal Opportunity Affirmative Action Employer 50% recycled/ 10% post-consumer paper

Fish and Wildlife Associates, In .
P.O. Box 241
Whittier, N.C. 28780
[phone] Q r
May 1, 1996 fail
n
Mr. John Dorney MA E :1 7
North Carolina Department of Environment,
Health, and Natural Resources
Division of Environmental Management
4401 Reedy Creek Road
Raleigh, North Carolina 27607
Dear Mr. Dorney:
DIV. OF VV i Erg{ W"UTY
DIRECTOR'S OFFICE
)- C?
?.9
4
T9
In order to maintain our paper trail for the relicensing of the Queens Creek Hydroelectric Project (FERC
# 2694), I would like to request a copy of the phone conversation you had with Mr. Jim Mead
(NCDEHNR, Division of Water Resources) concerning the decision to withhold the issuance of the 401
Certification for Queens Creek. I understand, as per your 21 April 1997 letter (attached), that the
Division of Water Resources will be requiring a minimum flow release and no 401 Certification will be
issued until a minimum flow is agreed upon. I was under the impression that the purpose of an instream
flow study was to determine if a minimum release is needed, depending upon the species of concern and
the available habitat. To date, the species of concern have not been determined and the final study
design has not been agreed upon by all interested parties. Your letter indicates that all of this is a
forgone conclusion.
I would like to suggest that we meet later on this summer, prior to any field work on an instream flow
study, and try to determine exactly what each DEHNR department's role is in this project. I am reluctant
to proceed with conducting an instream flow study, when in fact DEHNR has already decided the
outcome.
Also, a remittance of $45.00 will be made to the Division of Environmental Management for costs
incurred from running the public notice in The Franklin Press at the time when a minimum flow decision
is made. Please contact me should you need anything further.
Sincere??ly,
'uf
John L. Boaze r
Senior Biologist
cc: A. Preston Howard, Steve Reed, John Sutherland, Division of Water Resources
Bill Anderson, Asheville Regional Office
Richard Conley, NP&L

• Quality service at a reasonahle price •
State of North Carolina
Department of Environment,
Health and Natural Resources
Division of Water Quality
James B. Hunt, Jr., Governor
Jonathan B. Howes, Secretary
A. Preston Howard, Jr., P.E., Director
Mr John Boaze
Senoir Biologist
Fish and Wildlife Associates, Inc.
P.O. Box 244
Whittier, NC 28789
Dear Mr. Boaze:
Re: FERC relicensing
Queens Creek project
Nantahala Power and Light Co.
Macon County
DWQ #970178
4 0
[D FE F1
April 21, 1997
On 6 March 1997 we received your application for a 401 Water Quality Certification to
relicense the Queen's Creek hydropower plant in Macon County. On 21 March 1997 a
public notice was run in The Franklin Press. According to our rules (15A NCAC 2H
0503(f)), the applicant must reimburse the Division for the cost of the public notice ($45.00
- see attached) and the Certification cannot be issued until that reimbursement is received.
Also a minimum release from the dam will be required by the Certification as requested
by our Regional Office and the Division of Water Resources. I understand that work is
planned this summer with you and the Division of Water Resources to determine this
minimum release. Until that data are provided, this application is incomplete and our
processing time will not begin. Given the FERC schedule for 401 Certification actions of
one year, I expect that the minimum release can be agreed upon within that time frame. If
that release has not been determined, DWQ will probably have to deny the Certification
until the suitable minimum flow level is determined.
Please call me at 919-733-1786 if you have any questions.
Sincerely,
n R. Dorney
cc: Jim Mead, Division of Water Resources
Bill Anderson, Asheville Regional Office
Central Files
Division of Water Quality • Environmental Sciences Branch
Environmental Sciences Branch, 4401 Reedy Creek Rd., Raleigh, NC 27607 Telephone [phone] FAX # [phone]
An Equal Opportunity Aff irmative Action Employer • 50% recycled/10% post consumer paper

Fish and Wildlife Associates, Inc.
P.O. Box 241
Whittier, N.C. 28789
(704) 4-97-6505
May 1, 1996
Mr. John Dorney 199J
North Carolina Department of Environment, rql SG??
Health, and Natural Resources '?4r 9
Division of Environmental Management
4401 Reedy Creek Road
Raleigh, North Carolina 27607
Dear Mr. Dorney:
In order to maintain our paper trail for the relicensing of the Queens Creek Hydroelectric Project (FERC
# 2694), I would like to request a copy of the phone conversation you had with Mr. Jim Mead
(NCDEHNR, Division of Water Resources) concerning the decision to withhold the issuance of the 401
Certification for Queens Creek. I understand, as per your 21 April 1997 letter (attached), that the
Division of Water Resources will be requiring a minimum flow release and no 401 Certification will be
issued until a minimum flow is agreed upon. I was under the impression that the purpose of an instream
flow study was to determine if a minimum release is needed, depending upon the species of concern and
the available habitat. To date, the species of concern have not been determined and the final study
design has not been agreed upon by all interested parties. Your letter indicates that all of this is a
forgone conclusion.
I would like to suggest that we meet later on this summer, prior to any field work on an instream flow
study, and try to determine exactly what each DEHNR department's role is in this project. I am reluctant
to proceed with conducting an instream flow study, when in fact DEHNR has already decided the
outcome.
Also, a remittance of $45.00 will be made to the Division of Environmental Management for costs
incurred from running the public notice in The Franklin Press at the time when a minimum flow decision
is made. Please contact me should you need anything further.
Sincerely,
Wn"?
John L. Boaze
Senior Biologist
cc: A. Preston Howard, Steve Reed; John Sutherland, Division of Water Resources
Bill Anderson, Asheville Regional Office
Richard Conley, NP&L
• Quality service at a reasonable price 9

State of North Carolina
Department of Environment,
Health and Natural Resources
Division of Water Quality
James B. Hunt, Jr., Governor
Jonathan B. Howes, Secretary
A. Preston Howard, Jr., P.E., Director
Mr John Boaze
Senoir Biologist
Fish and Wildlife Associates, Inc.
P.O. Box 244
Whittier, NC 28789
Dear Mr. Boaze:
Re: FERC relicensing
Queens Creek project
Nantahala Power and Light Co.
Macon County
DWQ #970178
I LT:.WYTA
T 0
410
?EHNF1
April 21, 1997
On 6 March 1997 we received your application for a 401 Water Quality Certification to
relicense the Queen's Creek hydropower plant in Macon County. On 21 March 1997 a
public notice was run in The Franklin Press. According to our rules (15A NCAC 2H
0503(f)), the applicant must reimburse the Division for the cost of the public notice ($45.00
- see attached) and the Certification cannot be issued until that reimbursement is received.
Also a minimum release from the dam will be required by the Certification as requested
by our Regional Office and the Division of Water Resources. I understand that work is
planned this summer with you and the Division of Water Resources to determine this
minimum release. Until that data are provided, this application is incomplete and our
processing time will not begin. Given the FERC schedule for 401 Certification actions of
one year, I expect that the minimum release can be agreed upon within that time frame. If
that release has not been determined, DWQ will probably have to deny the Certification
until the suitable minimum flow level is determined.
Please call me at 919-733-1786 if you have any questions.
Sincerely,
L
R. Dorney
4nccc: Jim Mead, Division of Water Resources
Bill Anderson, Asheville Regional Office
Central Files
Division of Water Quality • Environmental Sciences Branch
Environmental Sciences Branch, 4401 Reedy Creek Rd., Raleigh, NC 27607 Telephone [phone] FAX # [phone]
An Equal Opportunity Affirmative Action Employer • 5o% recycled/10% post consumer paper
Note for John Dorney
From: Steve Kroeger on Mon, Apr 28, 1997 10:11 AM
Subject: Various Projects
To: Michelle Suverkrubbe
Cc: John Dorney
following comments - questions regarding four
jects:
1) NantahalA Power and Light Company -- First stage Consulation
reprot for/the Queens Creek Hydroelectric Project -- Macon Co.
SCH# 97E0V0000544.
--Mich le do you have a copy of this report. I have either
misp ced or never received one. I will keep looking around my
o ice. I think comments are due 5/29/1997
2) City of Conover -- Interstate Foam and Supply (97-0638;
11567); Catawba Co.
This project will provide funds for a road access and water
service to Interstate Foam Supply, Inc. for the construction of
a new building. The statuatory checklist recognizes the need
for consulation with the US Army Corps of Engineers (COE) for
any COE permit, including Section 404 permits. In addition,
the Data Sources and Documentation section states that wetlands
will not be impacted. Therefore, the Division of Water Quality
has no comment since potential wetland impacts have been
acknowledged.
3) Greenville Northside and Southside Pump stations; Pitt Co.;
Environmental Assessment.
The Environmental Assessment states that the proposed
Southside pump station is not located in wetlands and portions
of the force main will require a Nationwide Permit 12.
Therefore, a Section 401 water quality certification will be
required by the.NC Divison of Water Quality (DWQ). If the
conditions outlined in the General Certification for Nationwide
Permit 12 are NOT followed, then written concurrence from the
DWQ is required.
4) Louisburg Water and Wastewater Improvements -- Preliminary
Engineering Report. (Franklin Co.; Project No. 97-0663)
The Town of Louisburg is proposing improvements for its
water and wastewater treatment plants. The construction of a
raw water line and dredging of a impoundment area behind a low
dam on the Tar River will require Section 404 permits from the
US Army Corps of Engineers, and a Section 401 water quality
certification from the NC Division of Water Quality.
Page: 1

The COE Nationwide Permit 12 is required for utility line
backfill and bedding associated with the construction of the raw
water line, if the line crosses and waters or wetlands of the
United States. The proposed dredging will require a Nationwide
Permit 16 for the return of water from upland contained disposal
areas. Both activities will require a Section 401 water quality
certification from the NC DWQ. The conditions for a Section 401
water quality certification for Nationwide Permits 12 and 16
are specified in the General Certifications for these permits.
Copies of these conditions may be obtained from John Dorney,
DWQ-Water Quality Lab, 4401 Reedy Creek Rd., Raleigh, NC 27607;
Telephone [phone].

Page: 2
COMBINED INVOICE / STATEMENT
IT* ?x?xx tart 11re's.6
BOX 350
FRANKLIN, NC 28744
[phone]
NC DIV. OF WATER QUALITY
Water Quality Sec.••-hEP&L
4401 Reed;. Cr. Rd.
Raleigh NC 27607
TERMS: ACCOUNTS PAYABLE UPON RECEIPT
TRANSACTION TRANSACTION DESCRIPTION INCHES
DATE NUMBER'
BALANCE FORWARD

ACCOUNT NUMBER
STATEMENT DATE
APRIL. 27, 1997
PAYMENT
ENCLOSED$
PLEASE DETACH AND RETURN THE UPPER
PORTION OF THIS STATEMENT WITH YOUR PAYMENT
RATE INSER- OTHER' TRANSACTION
TIONS CHARGES TOTAL
$45.00
NO
19y1
PAIWW D U
W DAYS PAST DUE
0.00
0.00
W DAYS PAST DUE
0.00
1"zm=
ES QTR-TO-DATE D
10.00
06
TOTAL
45.00
Zones in transaction 0 columun: A=F-rank.lin =Highlander C=Cap>hie•r•s
D=Sylva E=C.layton F=B•rys.on City G=Robbinsville H=And•rews I=Mu•rl: by
J=Haye'sville K=Blue Ridge L =Franklin (Friday) R=Hi.cghlande•r (Friday) M=Chie•ftai.
DAYS PAST DUE CURRENT
. 45.00 0.00
State of North Carolina 2J
Department of Environment, LTWYWA
Health and Natural Resources / • •
Division of Water Quality ?IL I
James B. Hunt, Jr., Governor
Jonathan B. Howes, Secretary I E H N F?
A. Preston Howard, Jr., P.E., Director
April 21, 1997
Mr John Boaze
Senoir Biologist
Fish and Wildlife Associates, Inc.
P.O. Box 244
Whittier, NC 28789
Dear Mr. Boaze:
Re: FERC relicensing
Queens Creek project
Nantahala Power and Light Co.
Macon County
DWQ #970178
On 6 March 1997 we received your application for a 401 Water Quality Certification to
relicense the Queen's Creek hydropower plant in Macon County. On 21 March 1997 a
public notice was run in The Franklin Press. According to our rules (15A NCAC 2H
0503(f)), the applicant must reimburse the Division for the cost of the public notice ($45.00
- see attached) and the Certification cannot be issued until that reimbursement is received.
Also a minimum release from the dam will be required by the Certification as requested
by our Regional Office and the Division of Water Resources. I understand that work is
planned this summer with you and the Division of Water Resources to determine this
minimum release. Until that data are provided, this application is incomplete and our
processing time will not begin. Given the FERC schedule for 401 Certification actions of
one year, I expect that the minimum release can be agreed upon within that time frame. If
that release has not been determined, DWQ will probably have to deny the Certification
until the suitable minimum flow level is determined.
Please call me at 919-733-1786 if you have any questions.
Sincerely,
n R. Dorney
cc: Jim Mead, Division of Water Resources
Bill Anderson, Asheville Regional Office
Central Files
Division of Water Quality • Environmental Sciences Branch
Environmental Sciences Branch, 4401 Reedy Creek Rd., Raleigh, NO 27607 Telephone [phone] FAX # [phone]
An Equal Opportunity Affirmative Action Employer 50% recycled/10% post consumer paper
State of North Carolina
Department of Environment,
Health and Natural Resources
James & Hunt, Jr., G ove mor
Jonathan & Howes, Secretary
Steven J. Levitas, Deputy Secretary
T M jw
?Mj ??
[D EHIV R
Division of Water Quality
TT--
l Environmental Sciences Branch
4401 Reedy Creek Road
Raleigh, N.C. 27607 ,
FAX:[phone]
FAX TO: y-e-_ /?t I FAX NUMBER: q64 _ 'I9'7-
FROM:
PHONE:
NO. OF PAGES INCLUDING THIS SHEET: :3 1
5olfj '
Viv s-&?

6 -'-?/3
COMBINED INVOICE / STATEMENT
if -w
? e xzrnam
urt fress
BOX 350
FRANKLIN, NC 28744
[phone]
HC'. DIV. OF WATER QUALITY
Water Quality Sec. -NP&L
4401 Reedy Cr. Rd.
Raleigh NC: 27 607
TERMS: ACCOUNTS PAYABLE UPON RECEIPT
TRANSACTION TRANSACTION DESCRIPTION
DATE NUMBER
BALANCE FORWARD
03/21i9; L Legal Advertising
ACCOUNTNUMBER
STATEMENT DATE
MARCH 30, 1997
FAYMENT
ENCLOSED$
PLEASE DETACH AND RETURN THE UPPER
PORTION OF THIS STATEMENT WITH YOUR PAYMENT
INCHES' RATE INSER- OTHER TRANSACTION
TIONS CHARGES TOTAL
$0.00
10.01 KSO 0.00 $45.00
0
99
'l J
9?sc/F?c?s
90 DAYS PAST DUE 60 DAYS PAST DUE 30 DAYS PAST DUE CURRENT TOTAL
0.00 0.00 0.00 45.00 45.00
UISPLAY INCHES THIS MO. DISPLAY INCHES QTR-TO-DATE DISPLAY INCHES YR-TO-DATE ACCOUNT REPRESENTATIVE
10.00 10.00 06
Zones in transaction 0 cOlumun: A=F•ra•,-klin B=Highla3•d r C'.-Cashiers
D-Sylva F-Clayton F=BrysOn City G=1=:csbb:i.nsville H=And•rews IMi''urphy
J=Hayesville K=Blue Ridge L=Franklin (Friday) R=Highlander (Friday) M=Chiefta
CLIPPIN60F LEGAL
ADVERTISEMENT
ATTACHED HERE
NORTH CAROLINA '
. DIVISION OF
WATER QUALITY
PUBLIC NOTICE
is hereby given that
Nantahala Power &
Light ? . Company,
North: Carolina, has
applied to the North
Carolina Division of
Water Quality for a
Water Quality Certifi-
cation ., pursuant to
Section -.401 of the
Federal Clean Water
Act and Water Quality
Commission rules in
15A NCAC 2B.0101
and 15A NCAC 2H.
0500. The activity for
this the certification is.
sought is relicense the
Queens Creek project
near , Franklin -in
Macon County.
The -public is in-
vited to comment on
the above mentioned
application to the
Division .. of Water
Quality. Comments
shall be in writing and
shall be.received by
the Division no later
than, April 7, 1997.
Comments: should be
sent to N.t'Division
of Water Quality, En-
.vironmental .. Sciences
Brai c.h," 4401 Reedy
Creek Road, Raleigh,
North Carolina'
27607, Attention:
John Dorsey . (919)
733-1786 Fax: (919)
733-9959. A copy of
the ' application is on
file at > the Division
office at 59 Woodfin
Place, ..Asheville, '
North Carolina '28801
(Asheville Regional
office,. 704-251-6208;
Fax..#[phone])
during : normal 'busi-
ness hours and may-
be • inspected by the
• public.
A. Preston Howard Jr. I
Director, N.C.
Division of
Water Quality_
NORTH CAROLINA
Macon County
AFFIDAVIT OF PUBLICATION
Before the undersigned, a Notary Public of said County and
State, duly commissioned, qualified, and authorized by law to
administer oaths, personally appeared .............................................
KENNETH HUDGINS
.............................................................................................................
who is first duly swum, deposes and says: that he-she is
PUBLISHER
..............................................................................................................
(owner, partner, publisher, or other officer or employee authorized to make this affidavit)
of The Franklin Press, engaged in the publication of a newspaper
known as The Franklin Press published, issued, and entered as
second class mail in the Town of Franklin, in said County and State;
thathe-she is authorized to make this affidavit and sworn statement;
that the notice or other legal advertisement, a true copy of which is
attached hereto, was published in The Franklin Press on the
following dates:
....................... MARCH 21 , 1 9 9 7
......................................................................................
and that the said newspaper in which such notice, paper, document,
or legal advertisement was published was, at the time of each and
ever] such publieation, anewspapermectink 0 ofthe 1Lquurerfents
andqualifications of Section 1-597 of the General Statutes of North
Carolina and was a qualified newspaper within the meaning of
Section 1-597 of the General Statutes of North Carolina.
This ......=...... day of ...........ALRzL .................................19 ...7
........................ 4-.?::: .. .. ...........................
(Signature of person makin f davit)
Sworn to and subscribed before me, this ....................3RD ..............
APRIL
day of ...................................................................................... 199.x...
....................................:Y.... .. .... ...
Notary Public
My Commissloe UP"" NOV110 dr t 1991
My Commission expires: ..................................................................
State of North Carolina IF
Department of Environment,
Health and Natural Resources aia
Division of Water Resources James B. Hunt, Jr., Governor C)? H N FZ
Jonathan B. Howes, Secretary John N. Morris, Director
April 15, 1997
MEMORANDUM
TO: John Dorney
THROUGH: Steve Reed.,&r
FROM: Fred Tarv r and Jim Mead
SUBJECT: Queens Creek Hydropower Project Relicensing
401 Certification and Minimum Flow
This is in response to your March 8 inquiry to the Division of Water Resources (DWR) regarding
the Federal Energy Regulatory Commission (FERC) relicensing of the Nantahala Power and
Light (NPL) Queens Creek Hydropower Project (FERC No. 2694).
The Queens Creek project began operation in 1949 and has no required minimum release. At
present, the flow in Queens Creek downstream of the dam is from the 0.6 square miles of
intervening drainage between the dam and the creek's confluence with the Nantahala River. The
water diverted at the dam enters a steel penstock pipe, and is passed through a separate
powerhouse before being discharged to the Nantahala River upstream of the confluence with the
natural channel of Queens Creek. Based on their Relicensing First Stage Consultation Package,
the operator proposes no change in this operational mode.
The DWR and other resource agencies have recommended that a minimum release is needed
from the project. These agencies have requested, and are participating in, an Instream Flow
Incremental Methodology (IFIM) study of the 1.5 miles of bypassed stream channel from the
dam to the mouth of Queens Creek. Habitat in the bypassed reach of Queens Creek was mapped
by the agencies and NPL's private consultant, Fish and Wildlife Associates, Inc. (FWA), on
April 2, 1997. FWA will conduct fish sampling in the bypassed reach during the summer of
1997. The study will determine the amount of available physical habitat in relation to stream
flow based on the requirements of the species of interest. The N.C. Wildlife Resources
Commission (WRC) and the U.S. Fish and Wildlife Service (USFWS) will determine the species
of interest. The minimum flow requirement will be negotiated by all interested parties. If an
agreement cannot be reached, this issue will be referred to the FERC to make a decision.
P.O. Box 27687 ?AW? Voice 919-733-4064
Raleigh, North Carolina N.Vf C An Equal Opportunity/Affirmative Action Employer
27611-7687 50% recycled/ 10% post-consumer paper

The U.S. Supreme Court found in the case of PUD NO. 1 OF JEFFERSON COUNTY et al. v.
WASHINGTON DEPARTMENT OF ECOLOGY et al. (1994) "...that the State may include
minimum stream flow requirements in a certification issued pursuant to 401 of the Clean Water
Act insofar as necessary to enforce a designated use contained in a state water quality standard."
Furthermore, regulations adopted by the FERC state that "the FERC cannot issue a license
without a Section 401 Water Quality Certification or a waiver of the water quality certification
requirement."
Queens Creek is classified by the Division of Water Quality (DWQ) as C Trout. In light of the
Supreme Court case and FERC regulations described above, Section 401 Water Quality
Certification would be a very effective means of achieving minimum flows in Queens Creek
which are adequate to maintain habitat for trout and other aquatic species. The quantity of these
flows would be based on the IFIM study which will be conducted by a consultant for NP&L with
agency participation.
The goal of achieving an adequate minimum flow would be helped greatly if the Department
maintains a consistent position during the relicensing negotiations. It would therefore be
preferable if DWQ could withhold the 401 certification until after the instream flow/habitat study
is completed and a minimum flow recommendation is developed.
It is important to recognize that FERC considers the 401 certification requirement to be
waived if it is neither granted nor denied within one year after the request is received by
the administering state agency (see attachment). Because of this, if the agency (DWQ) wishes
to "withhold" 401 certification, they need to ask the applicant to formally withdraw their request
and resubmit it later. If the applicant refuses to do so, then the agency may want to deny the
request, rather than risk having the FERC consider the 401 certification waived by default after
one year. The rationale for such a denial could be that the application is incomplete until the
instream flow study is completed to determine the flow needed to support the water quality use
classification.
The Queens Creek hydropower license expires on September 30, 2001, and a completed
relicensing application (including 401 certification) must be submitted to FERC by September
30, 1999. This timetable should allow for completion of the IFIM study prior to when the
request for 401 certification request needs to be submitted to DWQ for review.
Please contact Fred Tarver at 715-5442 if you have any additional questions or comments.
attachment
cc: John Morris & John Sutherland, DWR
Stephanie Goudreau, WRC
Farrell Keough, DWQ
John Ellis, USFWS
2

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State of North Carolina
Department of Environment,
Health and Natural Resources
Division of Water Resources
James B. Hunt, Jr., Governor
Jonathan B. Howes, Secretary
John N. Morris, Director
AT?W'A
-EW446a
Adbodmmdmlv 11M
1:3EHNR
July 15, 1997
John Boaze
Fish and Wildlife Associates
P.O. Box 241
Whittier NC 28789
FM,, o1 ?y 199
NM??T4l Sc/FNC
Fs
Dear Mr. Boaze,
The June 11, 1997, meeting of representatives from Nantahala Power and Light Company
(NPL), their consultant--Fish and Wildlife Associates (FWA), and State and Federal resource
agencies regarding the Queens Creek relicensing study included a discussion of organisms to
include in the instream flow study. The U.S. Fish and Wildlife Service (USFWS) , the N.C.
Wildlife Resources Commission (WRC), and the Division of Water Resources (DWR) requested
that all life stages of rainbow trout and mottled sculpin be included in the physical habitat
simulation modeling (PHABSIM). The USFWS and DWR also requested the inclusion of
aquatic insects in PHABSIM. FWA requested justification for inclusion of insects in
PHABSIM. The following points support the request for the inclusion of aquatic insects.
1. "Benthic macroinvertebrates are an important component of stream ecosystems because they
transform allochthonous material, the principal energy input in woodland streams, into body
tissue utilized by higher trophic levels."'
2. "Stream flow regulation may severely impact benthic communities since the highest densities
of benthos generally occur in riffles and it is the riffle habitat that is the most sensitive to
flow reductions."'-
3. "A management strategy which accounts for both benthos and fish will likely be more
effective than one accounting for either component alone."'
4. Roger Bryan (FWA) reported during the June 11, 1997, meeting that only rainbow trout and
mottled sculpin were recovered during an electrofishing survey of Queens Creek. The
inclusion of aquatic insects will provide a better understanding of biotic habitat requirements.
5. The NC Division of Water Quality (DWQ) sampled Queens Creek in 1993 for the
Ephemeroptera, Trichoptera, and Plecoptera orders.'
P.O. Box 27687 N%Af Voice 919-733-4064
Raleigh, North Carolina C An Equal Opportunity/Affirmative Action Employer
27611-7687 50% recycled/ 100% post-consumer paper
it ,
Mr. John Boaze
July 15, 1997
Page Two
6. James Gore, Ph.D., who is modeling PHABSIM for FWA, has aquatic insect habitat
suitability indices.5
I hope this letter fulfills your request. If you have further questions or comments, please
contact me at 919-715-5442 or, by e-mail, at [e-mail].
Sincerely,
Environmental Spec
cc: Ted Bisterfeld, US Environmental Protection Agency
Richard Conley, NPL
Mark Davis, WRC
John Ellis, USFWS
Mike Wilkins, US Forest Service

st
'Orth, Donald J. and O. Eugene Maughan. 1983. Microhabitat preferences of benthic fauna in a
woodland stream. Hydrobiologia, 106:157-168.
'Ibid.
'Gore, James A. and Robert D. Judy, Jr. 1981. Predictive models of benthic macroinvertebrate
density for use in instream flow studies and regulated flow management. Canadian Journal of
Fisheries and Aquatic Sciences, 38:1363-1370.
'North Carolina Department Environment, Health and Natural Resources, 1996, Outstanding
resource waters evaluation of the lower Nantahala River watershed, Macon and Swain counties,
Little Tennessee River Basin (040403), Division of Water Quality, Water Quality Section,
Raleigh, NC.
'Personal communication.
ADVERTISEMENT
ATTACHED IRE
NORTH CAROLINA
-DMSION'OF
WATER QUALITY
PUBLIC 'NOTICE
is hereby given ;:that
Nantahala ;Power,, A
Light •; ::;, Company.
North' Carolina,' - has
applied to `the'"North-
'Carolina <Division "of
Water Quality , for.:• a
Water Quality. Certifi-
cation,pursuant ao
Section _ 401. _,of the
Federal Clean Water
Act and Water Quality
Commission rules in
15A NCAC 2B.0101
and 15A NCAC 2H.
0500. The activity for
this the certification is.
sought is relicense the
Queens Creek project
near Franklin , in
Macon County.
The public is in-
vited to comment on
the above mentioned
application to the
Division of Water
Quality. Comments
shall be in writing and
shall be received by
the Division no later
than April 7, 1997.
Comments should be
sent to N.C. Division
of Water Quality, En-
vironmental .;:Sciences
Branch, 4401 Reedy
Creek Road, Raleigh,
North Carolina
27607, Attention:
John Derney (919)
733-1786 Fax: (919)
733-9959. A copy,.of
the application -is on
file at the Division
office at 59 Woodfin
Place, Asheville,
North Carolina 28801
(Asheville Regional
Office 704-251-6208;
Fax #[phone])
during normal busi-
ness hours and may
be inspected by the
public.
A. Preston Howard Jr.
Director, N.C.
Division of
Water Quality
Date: 12 March 1997
' mar2l-f-c
iviacun k.uuin r
AFFIDAVIT OF PUBLICATION
Before the undersigned, a Notary Public of said County and
State, duly commissioned, qualified, and authorized by law to
administer oaths, personally appeared ........................ ................
KENNETH HUDGINS
.............................................................................................................
who is first duly swom, deposes and says: that he-she is
PUBLISHER
..............................................................................
................................
(Owner, partner, publisher, or other officer or employee authorized to make this affidavit)
of The Franklin Press, engaged in the publication of a newspaper
known as The Franklin Press published, issued, and entered as
second class mail in the'Tovm of Franklin, in said County and State;
thathe-she is authorized to make this affidavit and swom statement;
that the notice or other legal advertisement, a true copy of which is
attached hereto, was published in The Franklin Press on the
following dates:
MARCH 2141997 ............................................................................
......................
.............................................................................................................
and that the said newspaper in which such notice, paper, document,
or legal advertisement was published was, at the time of each and
cver;? such publication, anewspapcrm. cclir?g all oft'-ie r?;qui; ercienw
and qualifications of Section 1-597 of the General Statutes of North
Carolina and was a qualified newspaper within the meaning of
Section 1-597 of the General Statutes of North Carolina.
This ...... 3au...... day of ............AUA.r.L .................................19 ... 9:7.
.......................1..... ...........................
"(S.ignature of person maitin "`f davit)
.........................................
Sworn to and subscribed before me, this 3 RD
APRIL 7
day of ...................................................................................... l .......
................................... .... . s..l..?.1a:?. ... ...
Notary Public
My Commission Expires NDVIMW 9, W7
My Commission expires: ..................................................................
" COMBINED INVOICE / STATEMENT

?] e if if v
xax mtu x?
BOX 350
FRANKLIN, NC 28744
[phone]
1.4C D:11). O1- WAT1:_F,' £:l U A #.-.i rt( ACCOUNTNUMBER
,
Wa't:e•r Ctuali.'ty , W 1.11
.4401 R (? e d y lv-'r . F,: (i . STATEMENT DATE
'
1-4C w.'.r(:.£it% r ll Af••:£..:1••# 30q
I
ppa p 1997 PAYMENT
ENCLOSED $

TERMS: ACCOUNTS PAYABLE UPON RECEIPT r-c tlf1. ?al_jr?C L 0 PLEASE DETACH AND RETURN THE UPPER
PORTION OF THIS STATEMENT WITH YOUR PAYMENT
TRANSACTION TRANSACTION DESCRIPTION INCHES RATE INSER-
TIONS OTHER
CHARGES TRANSACTION
TOTAL
DATE NUMBER
I
Legal i'-1dve'r•'t:i.•-•:#-nu :{.0..0 J i+ ..':i0 0"0(.. 1ix;:5 ,.(.,.I
3red $y:? Date:
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Account Center
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19
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90 DAYS PAST DUE 60 DAYS PAST DUE 30 DAYS PAST DUE CURRENT TOTAL
0.00 0.00 ('3 0 45.00 45.00
DISPLAY INCH •
:?ISPLAY INCHES THIS MO. DISPLAY INCHES QTR-TO-DATE DISPLAY INCHES YR-TO-DATE ACCOUNT REPRESENTATIVE
(a n e? s i n 't r a n _. ?t 'Is :i e r7 #t (:; :i u m u )'1 1. r.I k•I :#. iil r'I d ca'r C =:: C; as k I r >
U==;5yIvZia !_:=Clav't(ari f"::=B-i,ys on Ci.'t;
I< ? • It _? r ? t } 1?: i. <:I !:I e? 1...::= F ?r• ?:? + 7 F:.:i i. Tt ?, f ? 'r •>_ r.{ i:i • ? l??::::: #-I :i ?# r'I 7. =-i i 7 c# c:•' •r ?, f?-'r•• a rf a v ? #Y1 ::- C; k•? :L ?r f? 't:
State of North Carolina
Department of Environment,
Health and Natural Resources
Division of Water Quality
James B. Hunt, Jr., Governor
Jonathan B. Howes, Secretary
A. Preston Howard, Jr., P.E., Director
4"
[D FE F1
April 10,
Mr. Tom S erman
Nantahala Po er and Light Co.
301 NP&L Loo Road
Franklin, NC 28 4
Dear Mr. Smitherman,
Re: Certification Pursuant
Proposed relicensing o.
WQC Project #970178
Macon County /
Attached hereto i a copy of
Company dated Ap ' 8, 1997.
401 of the Federal Clean Water Act,
Creek Project
If we can be/of further assistance, do
Attachments
970178.wgc
cc: Wilmington District Corps of Engineers
Corps of Engineers Asheville Field Office
Asheville DWQ Regional Office
Mr. John Dorney
Mr. John Parker, Division of Coastal Management
Central Files
John Boaze; Fish and Wildlife Associates, Inc.
Steve Reed; DWR
No. 3137 issued to Nantahala Power and Light
hesitate to contact us.
V -? 0-11
Howard, Jr. .E.
Division of Water Quality • Environmental Sciences Branch
Enviro. Sciences Branch. 4401 Reedv Creek Rd.. Raleiah. NC 27607 Tel@ohone 919-733-1786 FAX # [phone]
NORTH CAROLINA 401 WATER QUALITY CERTIFICATION
THIS CERTIFICATION is issued in conformity with the requirements of Section 401
Public Laws 92-500 and 95-217 of the United States and subject to the North Carolina Division of
Water Quality (DWQ) Regulations in 15 NCAC 211, Section.0500 to Nantahala Power and Light
Company to relicense the existing dam at Queen's Creek in Macon County pursuant to an
application filed on the 6th day of March of 1997.
The application provides adequate assurance that the discharge of fill material into the waters
of Queen's Creek in conjunction with the proposed development will not result in a violation of
applicable Water Quality Standards and discharge guidelines. Therefore, the State of North
Carolina certifies that this activity will not violate the applicable portions of Sections 301, 302,
303, 306, 307 of PL 92-500 and PL 95-217 if conducted in accordance with the application 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 Public Notice or as modified below. If you change your project, you must
notify us and you may be required to submit a revised application. If total wetland fills for this
project (now or in the future) exceed one acre, compensatory mitigation may be required as
described in 15A NCAC 2H.0506 (h) (6) and (7). For this approval to be valid, you must follow
the conditions listed below. In addition, you should get any other federal, state or local permits
before you go ahead with your project including (but not limited to) Sediment and Erosion
control, Coastal Stormwater, Non-discharge and Water Supply watershed regulations.
Condition(s) of Certification:
1. That appropriate sediment and erosion control practices which equal or exceed those
outlined in the most recent version of the "North Carolina Sediment and Erosion Control
Planning and Design Manual" or the "North Carolina Surface Mining Manual" (available
from the Division of Land Resources in the DEHNR Regional or Central Offices) are
utilized to prevent exceedances of the appropriate turbidity water quality standard (50
NTUs) in all saltwater classes, and all lakes and reservoirs; and 10 NTUs in trout
waters);
2. All sediment and erosion control measures placed in wetlands or waters shall be removed
and the natural grade restored after the Division of Land Resources has released the
project;
3. If an environmental document is required, this Certification is not valid until a FONSI or
ROD is issued by the State Clearinghouse;
4. Measures shall be taken to prevent live or fresh concrete from coming into contact with
waters of the state until the concrete has hardened;
5. Compensatory mitigation shall be done in accordance with the Corps of Engineers
requirements. DWQ shall be copied on the approved ratio, location, size and method of
mitigation (restoration, enhancement, creation and preservation) and annual reports for
the entire length of the monitoring period.
6. A minimum floor o 'cfs shall be maintained immediately below the dam at all times
unless inflows to the lake are lower than this. '
Violations of any condition herein set forth shall result in revocation of this Certification and
may result in criminal and/or civil penalties. This Certification shall become null and void unless
the above conditions are made conditions of the Federal 404 and/or coastal Area Management Act
Permit. This Certification shall expire upon expiration of the 404 or CAMA permit.
If this Certification is unacceptable to you you have the right to an adjudicatory hearing upon
written request within sixty (60) days following receipt of this Certification. This request must be
in the form of a written petition conforming to Chapter 150B of the North Carolina General
Statutes and filed with the Office of Administrative Hearings, P.O. Box 27447, Raleigh, N.C.
27611-7447. If modifications are made to an original Certification, you have the right to an
adjudicatory hearing on the modifications upon written request within sixty (60) days following
receipt of the Certification. Unless such demands are made, this Certification shall be final and
binding.
This the 10th day of April, 1997
DIVISION OF WATER QUALITY
A. Preston Howard, Jr. P.E.
WQC #3137
MEMORANDUM PRINT NAMES:
Reviewer: .?
C0: JOHN DORNEY WQ SUPV.:
ENVIRONMENTAL SCIENCES BRANCH DATE• 7
SUBJECT: WETLAND STAFF REPORT AND RECOMMENDATIONS
*EACH ITEM MUST BE ANSWERED (USE N/A FOR NOT APPLICABLE) ***
PERMIT YR:
APPLICANT NAME:
PROJECT TYPE:
COE #:
RCD_FROM CD
_A:
REG OFFICE:
ZIVER_AND_SUB_BA
PERMIT NO: 0000178 COUNTY: MACON
S CREEK PROJECT-NANTA. POWER& LIGHT
POWER PERMIT-TYPE: FERC, RE
DOT #:
DATE FRM CDA: 03/06/97
040403 STR INDEX N0: 2-57-51
97
QUEEN
HYDRO
APP
ARO
SIN J:
STREAM CLASS: C
WL_IMPACT? : Ye
WL_REQUESTED:
WL SCORE M :
MITIGATION?: Ye
MITIGATION-SIZE:
WL_TYPE:
WL ACR EST?: Y/N
WATER IMPACTED BY FILL?: Y/N
MITIGATION-TYPE:
DID YOU REQUEST MORE INFO?: Y0
IS WETLAND RATING SHEET ATTACHED?: Yo
HAVE PROJECT CHANGES/CONDITIONS BEEN DISCUSSED WITH APPLICANT?: YON
RECOMMENDATION (Circle One): ISSUE ISSUE/COND DENY
COMMENTS: We skaAjl? make [duce ( Aka l Azft fcj 113-j oS XLe
? /?D 17 P n's.?[ i? 'I'a [ . r r) D P (e uJ ,P dJ vet " Y ./'1 J '1"LuG ?
/% E e a s R Ye p.'v a 74
nOMb6v ?l??? ,iea,ta.???v ,/?va'?' ?1` t?ia re? ??L?. ?'u ??eyu '??.},.. ?A?e.lYS 'f'b
E/o? on .? a P n a S y? i ?[`f S?t'Aq :i
?! .Sfl.?.l ?s..Wavd u.Th no
re?o?? [, a ? a ? ,
:?c: Regional Office
Central Files
State of North Carolina
Department of Environment,
Health and Natural Resources
Division of Water Quality
James B. Hunt, Jr., Governor
Jonathan B. Howes, Secretary
A. Preston Howard, Jr., P.E., Director
The Franklin Press
P.O. Box 350
Franklin, NC 28734
Attn: Legal Ad Department
Dear Sir:
Re: Public Notices
C) EHNR
March 12, 1997
Please publish the attached Public Notice one time in the section set aside for Legal
Advertisements in your newspaper. The publication should run on or before March 21, 1997.
Please send the invoice for publication and three copies of the affidavit of publication to the address
given below. Payment cannot be processed without the affidavit of publication.
N.C. Division of Water Quality
Water Quality Section
4401 Reedy Creek Road
Raleigh, NC 27607
Attn: John Dorney
If you have any questions concerning this matter, please call John Dorney at 919-733-1786.
Sincerely,
Jon R. Do ey
r Quality Certi is tion Program
cc: John Dorney
Asheville DWQ Regional Office
Central Files
970178.pub
Division of Water Quality • Environmental Sciences Branch
4401 Reedy Creek Rd., Raleigh, NC 27626-0535 • Telephone [phone] • FAX [phone]
An Equal Opportunity Affirmative Action Employer50% recycled/ 10% post-consumer paper
NORTH CAROLINA DIVISION OF WATER QUALITY
PUBLIC NOTICE is hereby given that Nantahala Power & Light Company, North Carolina, has
applied to the North Carolina Division of Water Quality for a Water Quality Certification pursuant
to Section 401 of the Federal Clean Water Act and Water Quality Commission rules in 15A NCAC
2B .0101 and 15A NCAC 2H .0500. The activity for this the certification is sought is relicense the
Queens Creek project near Franklin in Macon County.
The public is invited to comment on the above mentioned application to the Division of Water
Quality. Comments shall be in writing and shall be received by the Division no later than April 7,
1997. Comments should be sent to N.C. Division of Water Quality, Environmental Sciences
Branch, 4401 Reedy Creek Road, Raleigh, North Carolina 27607, Attention: John Dorney (919)
733-1786 Fax: [phone]. A copy of the application is on file at the Division office at 59
Woodfm Place, Asheville, North Carolina 28801 (Asheville Regional Office 704-251-6208; Fax
#704-251-6452) during normal business hours and may be inspected by the public.
` ?J?
eston Howard, J .
it for
.C. Division of Wate uality
DATE: 12 March 1997
?. <._. COMBINED INVOICE / STATEMENT
BOX 350
FRANKLIN, NC 28744
[phone]
NC DIV. OF WATER QUALITY
Water Quality Sec. -NP&L
4401 Reedy Cr. Rd.
Raleigf-i NC 27607
TERMS: ACCOUNTS PAYABLE UPON RECEIPT
TRANSACTION TRANSACTION DESCRIPTION
DATE NUMBER
BALANCE FORWARD
03/21/9, L Legal Advertising
ACCOUNTNUMBER
;.
STATEMENT DATE
NARCH 30, 1997
PAYMENT
ENCLOSED$
PLEASE DETACH AND RETURN THE UPPER
PORTION OF THIS STATEMENT WITH YOUR PAYMENT
INCHES RATE INSER- OTHER' TRANSACTION
TIONS CHARGES TOTAL
$0.00
10.0 K SO 0.0d $45.00
a
99
9
90 DAYS PAST DUE 60 DAYS PAST DUE 30 DAYS PAST DUE CURRENT TOTAL
0.00 0. 00 0.00 4S.00 45.00
DISPLAY INCH TOTALS A PLEASE PAY
DISPLAY INCHES THIS MO. DISPLAY INCHES QTR-TO-DATE DISPLAY INCHES YR-TO-DATE ACCOUNT REPRESENTATIVE
t 10.00 06
D. ?atA-
Zones in transaction 0 co l umun g A =F•r•a nk l i is B==H:i. gh l ander C==C: acsh i ers
ID==Sylva E=C.lay•ton F=Bryson City G==h:o3°binsville H-=Andrews I==Murphy
7=Hacyesville K=Blue Ridge L=F•ranklits (Friday) 11=141:ighlandcr (Friday) M=Chief•ta.
CLIPPIN60F LEGAL
ADVERTISEMENT
ATTACHED HERE
NORTH CAROLINA
DMSION OF
WATER QUALITY
PUBLIC ' NOTICE
is hereby given" tfiat
Nantahala Power &
Light - Company,
North Carolina, has
applied to the North
Carolina Division of
Water Quality for a
Water Quality Certifi-,
cation' pursuant to
Section •.401 of the
Federal Clean Water
Act and Water Quality
Commission rules in
15A NCAC 213.0101
and 15A NCAC 2H.
0500. The activity for
this the. certification is.
sought is relicense the
Queens Creek project
near:.. Franklin in
Macon County. The public is in-
vited to comment on
the above mentioned,
application to the
Division of Water
Quality. Comments
shall be in writing and
shall be received by
the" Division no later
than ;April 7, 1997.
Comments. should be
sent to N.C?Division
of Water, Quality, 'En-
Y"rimental. Sciences
Branch; ' 4401 Reedy
Creek Road, Raleigh,
North : Carolina "
27607, ' Attention:
John Dorney (919)
733-1786 Fax: (919)
733-9959.; A copy. of the"application is on . {
file ` at the Division
office at 5
11 Woodfin:
Place, Asheville,
North Carolina • 28801 +
(Asheville - Regional
Office . 704-251-6208;
Fax.;;;#704-251-6452)
during normal busi=
ness hours and may
be inspected by the
• public.
A.' Preston Howard Jr.
Director, N.C. . ,
Division of
,Water Quality' ,.
NORTH CAROLINA
Macon County
AFFIDAVIT OF PUBLICATION
Before the undersigned, a Notary Public of said County and
State, duly commissioned, qualified, and authorized by law to
administer oaths, personally appeared ..............................................
KENNETH HUDGINS
.............................................................................................................
,,xho is first duly swom, deposes and says: that he-she is
PUBLISHER
..............................................................................................................
(Owner, partner, publisher, or other officer or employee authorized to make this affidavit)
of The Franklin Press, engaged in the publication of a newspaper
known as The Franklin Press published, issued, and entered as
second class mail in the Town of Franklin, in said County and State;
that he-she is authorized to make this affidavit and sworn statement;
that the notice or other legal advertisement, a true copy of which is
attached hereto, was published in The Franklin Press on the
following dates:
... MARCH...21 ..... 9..7 ............................................................................
.............................................................................................................
and that the said newspaper in which such notice, paper, document,
or legal advertisement was published was, at the time of each and
evenjsuchpuuh,catlvi,anewspaperrne?tlTi allofther quirempntS.
and. qualifications of Section 1-597 of the General Statutes of North
Carolina and was a qualified newspaper within the meaning of
Section 1-597 of the General Statutes of North Carolina.
This ....... ...... day of ...........AppzL .................................19 ..A:7.
........................ .-:,::....1 .. ' ...........................
(Signature of person makin f davit)
Sworn to and subscribed before me, this 3RD
APRIL 7
day of ........................... ........................................................... 199 .....
, .. .. .... ...
..................................... P
Notary Public
My Camm133108 UP"" NQVtnt r t 1*7
My Commission expires :..................................................................
Fish and Wildlife Associates, Ines
P.O. Box 241
Whittier, N.C. 28780
[phone]
March 3, 1997
Mr. John Dorney
N.C. Department of Environment, Health, and Natural Resources
Division of Environmental Management
4401 Reedy Creek Road
Raleigh, NC 27607
Dear Mr. Dorney:
Alb
RECEIVED
MAR 0.6 1997,
ENVIRONMENTAL SCIENCES
-f.J
I have enclosed a completed Pre-construction Notification Form (PCN) as part of the Federal
Energy Regulatory Commission's relicensing process for the Queens Creek Project operated by
Nantahala Power & Light Company. The Commission requires the applicant to provide a 401
Certification or a copy of a request for 401 Certification. We are helping NP&L meet this
requirement.
The effective date of the original (minor) license was May 1, 1965 and the expiration of this
license is effective September 20, 2001. On February 28, 1997, a First Stage Consultation
package was completed and distributed for review from the pertinent agencies. We are awaiting
the requests from reviewers and will incorporate their suggestions in the Second Stage
Consultation package.
As per your request, I have enclosed seven (7) copies of the PCN which you said you would
distribute to the appropriate departments within the state.
If you should need any further information, please contact me at your convenience.
Sincerely,
John L. Boaze
Senior Biologist
• Quality service at a reasonable price •
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OEM ID: CORPS AC-=CN ID:
N:._=CNFiCDE REQUES•:_D (?RCV?DE N;,7:CNW=DE P°_Rm- 4)
PRE-CONSTRUCTION NOTIFICATION APPLICATION
FOR N?,TIONrvIDE PEFMS'=S THAT F?QVER:.:
1) NOTE =Cn,.ON 'I'D T-=- CDRPS Cr ZNGytzT_Ls
2) APP7r2CAT=0H rCR SZCTICN 401 C RT='DCA-_=0N
3) C.^.CRDL`IAT_CN W--= T_ NC D271S=CN CF CCASMAL Malin MITT
Str'TD === CRSG TAL AND (1) C- -PT OF THIS FORZ*_ TO THE A °RCPR:-_A6=
Z.;. 1.J CE-=CC OF T-" CORPS OF Z?TG1?T.E??S (S? AGM7C'I ADDR SSF,S SEE',) . SEVEN
(7) C02IES SHOULD BE SLNT TO THE N.C. D_J=37_0N OF EN-v:RCN'lu_NT?L u?VAG?__?TT
(SEZE AGENCY 20DR:.SSES SHE_.T) PT Ate'. SR=N:'
_, Cw?'ERS Nmy-: Nantahala Power and Light Company
2. Y? ===NG __DD P.=S S :
301 NP&L Loop Road
SC30Iv=_=CN N;.Y
0_T•.: Franklin
STATE NC
Z=? CCDE: 28734
- 7T
REJTT _?.Cu
_RCvcC= LCC T1CN ??DRES , INCLUDING S-vcD=v=I=CN N?`?E (-- D___-
3. T=?. _ aONL NUMBER (HCh?E) •
(WCRK) : [phone]
4. _- Ao0L-C 3L7: AGZN^' S NAME OR RES?CNS7-17 CCR?OR_?_ ?-DDA_SS,
PHCNz NLi-BER: Tom Smitherman Vice President of Transmission,
Distrihiltion, and operations, 301 NP&L Loop Road, Franklin. NC -
2R7-i4? [phone]
5. LOC :'ICN OF SvCRK (PROV=DE A ??2, PR R.?S=.`' A COP`! OF t'iSGS TOPCGR.?_ :=C
1k?° OR P R=?L P HOTOGR PHY WITH SCALE) •
CCCNTY : Macon N=RES'' TOWN OR C7-V: Beechertown
Hewitt Ouadrangle (USGS 1.24000) May Attached
1

-q2EC=__C 2CC _=CN (SNCL DE RCAZ
D7Z,Vr,ERS, LAVDI-A {S, ETC.) : 17 miles WNW of Franklin, NC county road
1412 approximately 1 mile west of the intersection with road 1414.
Project location at Queens Creek river mile 1.5.
6. IuP1CTED OR Nc.?S^ S'"RE1-`?/R_d?R: Queens Creek
R_TTER EAc_N; Nantahala/Little Tennessee
!a. I? nROJCC' LOCI TED N-_-'_R WAT°_R C;ASS____D AS TRCU'?i 17_:)A_. S='LT'r±A=-R
-
(SA) , HZG_ WATERS ( (ZW) , CUTS':?VD=11G RTSCGRCD 4'+A_CRS (OR;d) , W_-TER
c;?_cJv (WS-7- CR WS =)? YES [X] NC ( ] T_ YD , E:c?7 17N. Project is
located on a stream with a trout- pni,l ati on sus ai neck by stocki nZ
LCC?T%-D W71-:71 A NCR=' C?CL.VA D_'i.S=G?i Cc CCAS_
i!=V Gc.`?=V: A:,, -T--- CE E?iJ=RCNi?EC.^.NCT- (---) ? `_.
( ] NO LX J
7c. :_ TFE ORO,cC_ ,S L-CATED WITHIN A CCAS^__AL COUNTY (SE7 P_-GE 7 FOR
OF COr?5.=? CCUN:'=_ ) W Z ,
M 7S T LA VD USE _=rV (J Y)
DF S=G?i "=CND
--NA--
Sa. F. 'iE ?N-Y Sc.C_=0N 404 __.:u_TS BETIT PRE7770US:,Z E. _=D 7 a USE CN
?Y
T_ =S PROPERTY? YES [ ] NO (X] -- Y_c, PRCV=DE A C:=CN ..D. Nui'f^ER OF
_...r'J=CUS P°_? A-TD AVA?D_T;ON?- L7;OR1u :^=CN (INC`,UUE P CTOCCPY OF 40=
Sb . ? = A.DD:T=ODT;i.L P°-R HIT REQUESTS Ex=- ECTE'D FOR THIS
Pa.OPERTY ITT T:: r
F TURr? YES ( ] NO (X] __ YES, DESCR=3E AVT7C=?AiD WORK:
?a. EST=`^_A_EO TOT__. NL'P!3ER OF ACRES _N TRACT OF LAND. 99 acres
5b. EST=uA_DD TAT?.. NUr1.ER OF ACRES OF WETILANDS LCCA _DD ON PROTcC_ S_.
zero
2
14a. Nuv-BER OF ACRES GE WZTL,;VDS L`-PACTED BY THE PROPOSED PROCEC'_• BY:
F_LL--, NG . 0 EXCAVATION: 0
0
• DR?.rI31?Ga: 0
OVER :
TOTAL, AC' ES TO EE L??AC':"-D : 0
0
lob. (1) S.RE.?u C:??3NED TO BE -IMPACTED BY TH? PROPOSED PROITEC_ (--
r'L?,aGzy D, P_°.OVIDE DES,?IVCE EO?: EcEO.RE AND A---= RE:rCC LION) .
L:-YG BEECR= see attachment F^ AF'T'ER: F--
Tn,L)T- BE'ORE (based cn ncr.mal hic wate_ contoc_;s) "
A-77ER.
AV"E"RAGE DE?=':: BEFORE. FT A=_DR: r
(2) c., _?u C ==APT-- -uP?.C 'c W RES MT F. CM (C { a_,=. - = Y)
OPEN C:?VNZ! Rr,,OC "_ON. PT =_C MENT OF PIN C'?'NZ,I.
C ?VNcL EsC?_V .ON: CONSTRUCTION OF A
1_. r. CGNSTRUC'T70N OF r POND IS PRCPOSED WHAT IS THE S iL OF "_•"
wA T°RS:?D DR_z.:N_NG TO T::E POND? see attachment
yj' IS T-=E E:C?E : ED POND SvR= CC _?
12. DESCR=?'T=ON OF PROPOSED wCRF 1NCLUD_NG DISCUSSZON OF TV--,v OF
M-EC ?N C?L EQU=?*_?ENT TO BE USED (::T3C PLI-NS. S 1/2" X 11" DRAW---N-GS
ONLY): see attachment
13. PURPOSE OF PROPOSED WORK: see attachment -
3
14. STATE REASONS WHY IT IS BELIEVED THAT TH7-S ACT='vITY MUST BE C_?R`RT:D
OCT IN WETLANDS. (INCLUDE ALT: MEASURES T =KEEN TO MINIMIZE WETLAND
LMPACTS). --NA--
16 . YOU A_RE REQUIRED TO CONTACT THE U.S. r =SH AND W=LDL==E SERVICE
(USc'rvS) AND/CR NATION;LL, M.aRNE FIS'r.E:RIES SERV.CE (NM.S) (SEE AGE:TC''
ADDRESSES SHE..T) REGARD7_NG THE PRESENCE OF ANY FE'DERALLLY LISTED OR
=9 DOSED FOR LISTING ENDANGERED OR T RZE: ==NED SPECIES OR CR= =C?L ??3=T-T
_V 1. - P-:ti`s T ??_ ;Z" iu- c- ..__--TED c T?= PROPOSED PRG? DATL
CONTACTED. 15 April 1996 (ATTA_C RESPONSES
FROM T :SE ?GE?iC=L. )
16. YOU ARE R=QUIRED TO CCNT CT THE STATE 'H .ISTGRIC PRESERV AT=CN CE_=CER
(SH=_c) (szz AGaNC'? ADORc,SScS SF7---T) R:.r._ RD_NG THE PRESENCE OF Hl- lZ--R7C
PRCeFZTI.... IN T PER.'` 7- ARV, Wc.IC= u-=" By TAE =ROPOSED
PRcjECT. DATE CONTACTED: 24 February 1997
_7. DOES TH- PRCT-CT =NVCLVE AN EXPEND7-URT OF PUBLIC FINDS OR THE USE CC
PUBLIC (ST: TE) LAND?
YES Cl NO pJ (IF NO, GO TO 18)
z. IF YES, DOES THE PROJECT RF.QU=RE P tS2 =R.?--CN OF .SST 7y\77RCNL MZE '?L
DGCUME.T PfJ tISUC vT TO THE REQU=?.cME:TT S OF T H7 NGRT C:-- CL.NA E_VLi IRON1 `iT _
POLICY ACT?
YES [I NO [I -
b . IF YES, FkS T::E DOCUMENT BEEN REVIEWED THROUGH THE NORTH CAROLINA
DEPARTM-ENT OF A.DMINISTR.?TTCN STATE CL. AR7NGEOUSE?
YES ( 1 NG [
I= ANSWER TO 17b IS YES, Th7V SUBMIT AP°RCP°.I?TE DCCU-'_4Z- NTAT70N FRCM THE
STATE CLc?R-ING'r.OUSE. TO DIVISION OF ENV- RCNr!ENT=' M_1VAGW - RE GrRDi_TG
CC.MPLT?.NCE WITS THE NORTH C?ROLINA ENV=RCNMENTAL POLICY ACT.
QUESTLONS REGARDING THE STATE CLZ R=NGHCUSE RS.V=Dn PROCESS SHOULD BE
DIRECTED TO MS. CFR'_'S BAGGZTT, DIRECTOR ST TE C=RINGHOUSE, NORTH
CAROLINA DEPARTMENT OF A.DMINIST?ATION, 110" WEST jCNES STREET, R.?I,E7GH,
NORTH CARCLINA 27603-8003, TELEPHONE [phone].
4
18. THE FOLLOWING ITEMS SHOULD BE INCLUDED WITH THIS APPTrICATION IF
PROPOSED A_CTIV=TY INVOLVES THE DISCHARGE OF EXCAVATED OR FILL MATE-=aL
INTO WETIA.NDS:
a. WETLAND DELINEATION I-AP SHOWING ALL WETLANDS, STREAMS, LAKES
AND PONDS ON THE PROPERTY (FOR NATIONWIDE PERN_T NUMBERS 14, 18, 21, 25,
29, AND 38) . ALL STREAKS (INTERMITTENT AND PERMANENT) ON THE PROPERTY
MUST BE SHOWN ON THE MA- 0. MAP SCALES SHOULD BE 1 INCH EQUALS 50 FEET OR I
INCH EQUALS 100 FEET OR THEIR EQIIIJALEN .
- ?I=AVA-7LA3LE, RE21RESENTATIVE PH TCGR? H OF WETLANDS TO BE
IMPACTED BY 2ROJECT.
c. IF DE:INEATION WAS PERFORMED BY P_ CONSULTANT, INCLUDE ALL D.
SHEETS RELE v ANT TO THE PLACE ENT OF THE DELINEATION LINE.
d. ATTACH A COPY OF THE STORY-WATER 1?L=NAGEMENT PLAN IF REQUIRED.
e. Wr3T ITS LAND USE OF SURROUNDING PROPERTY?
--NA--
i . I? A2PLIC23LE, WHAT IS PROPOSED METHOD OF Sr.:v'AG'. D=S2r'
JSAL?
g SIGNED AND DATED AGENT AUT?:CR=Z'T70N LETTER, T_ A PL'-(-:_...LE.
NO'I" Y??TTI NDS OR MATERS OF THE U.S. I,-?Y NOT BE r',flPACT_D PRIOR TO:
1) ISSUANCE OF A SECTION 404 CORPS OF ENGINEERS PE'_=,* IT,
2) EITHER THE ISSUANCE OR WAIVER OF A 401 D=VISION OF
ENVIROr+-1--ENTAL MAMAGE.NfENT (WATER QUALITY) CERTIFICATION, AND
3) (I2T T-T- T'W= Y COAST_AL' COriNTZ.S ONL?') , A L. TTyR FROM THE-
NORTH CAROLINA DIVISION OF COASTAL I4..RSiAGL2lvENT STATING THE PROPOSED
ACTIVITY IS CONSISTENT WITH THE NORTH C.?ROLINA COASTAL MANAGMN NT
PROGRAM.
OWNER' S / AGENT'S S IGNATU RE
(AGENT'S SIGNATURE VALID ONLY
T AUTHOR!ZATION LETTER FROM
THE OWNER IS PROVIDED (18q.))
DATE
5
ATTACHMENT A:
Nantahala Power and Light Company is in the process of relicensing its Queens Creek
hydroelectric project with the Federal Energy Regulatory Commission (FERC Project Number
2964). Queens Creek is a small project located in Macon County, 17 miles WNW of Franklin,
North Carolina. Dam construction was completed in 1943 and power generation began in 1949,
continuing to the present. The project consists of an earth and rock-fill dam, a 37-acre reservoir,
a side-channel spillway, a penstock and reservoir drain, a powerhouse containing one 1440-kW
generator, and associated facilities. The power generated at this project is used by the power
company for public utility purposes.
The reservoir created by the dam inundated approximately 4000 feet of stream channel. The
reservoir and stream currently have trout populations supported by state hatchery operations.
During initial construction, no wetland areas were affected and the continued operation of this
facility will not impact any wetlands.
0 o a o
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Project No. 2694 6
Impact of the Project on Water Quality
In its letter of September 15, 1969, Interior commented
that it did not anticipate that the project, as currently
operated, would adversely affect the water quality of the
area. Interior recommended, however, that standard
provisions be included in any license issued to allow for
specific stream flow requirements or other measures that
might be necessary in the interest of protecting the water
quality of Queens Creek. Such provisions are included in
Articles 7 and 9 of this license.
On October 26, 1972, Nantahala filed a water quality
certificate issued by the North Carolina Board of Water
and Air Resources. This certificate was transmitted
to the U.S. Environmental Protection Agency, which sub-
sequently notified the Commission that the certificate
was sufficient for the purpose of Section 401 (a) (1) of
the Federal Water Pollution Control Act Amendments of 1972,
33 U.S.C. §1341(a) (1) .
Historic, Archeological and Cultural Resources of the
Project Area
Interior also stated in its letter of September 15,
1969, that there are no historic properties in the vicinity
of the project that are listed in the National Register
of Historic Places established under the provisions of
the National Historic Preservation Act of 1966, 16 U.S.C.
$470. The State of North Carolina Department of Cultural
Resources, in a letter dated February 18, 1975, stated that
it had no objection to the issuance of a license for the
project, and confirmed that there were no properties in the
vicinity of the project listed in the National Register as
of that date. A recent independent survey by the Commission
staff disclosed neither historic properties near the project
that had been added to the National Register in the interim,
nor any properties listed in the National Registry of Natural
Landmarks that would be affected by the continued operation
of the project.

United States Department of the Interior
FISH AND WILDLIFE SERVICE
Raleigh Field Office
Post Office Box 33726
Raleigh, North Carolina 27636-3726
'/ Ji'vt?: 1 L_l7rCti;`? 1c?1?,? ?? F?,^?•?,ti ..(
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Thank you for your letter requesting information or recommendations from the
U.S. Fish and Wildlife Service. This form provides the Service's response
pursuant to Section 7 of the Endangered Species Act, as amended (16 U.S.C.
130.1-1543), and the Fish and Wildlife Coordination Act, as amended (16
U.S.C. 661-667d).
Re:
Project Name/Location/County
7>i 1
Date of Incoming Letter

Log Number
t The attached page(s) list(s) the Federally-listed species which
may occur within the project area.
Based on the information provided, it appears that your project site
does not contain suitable habitat for any Federally-listed
endangered or threatened species known to occur in the area.We
believe that the requirements of Section 7 of the Act have been
satisfied. We remind you that obligations under Section 7
consultation must be reconsidered if: (1) new information reveals
impacts of this identified action that may affect listed species or
critical habitat in a manner not previously considered; (2) this
action is subsequently modified in a manner that was not considered
in this review; (3) a new species is listed or critical habitat
determined that may be affected by the identified action.
If the proposed project will be removing pines greater than or equal
to 30 years of age in pine or pine/hardwood habitat, surveys should
be conducted for active red-cockaded woodpecker cavity trees in
appropriate habitat within a 1/2 mile radius of project boundaries.
If red-cockaded woodpeckers are observed within the project area or
active cavity trees found, the project has the potential to affect
the red-cockaded woodpecker, and you should contact this office for
further information.
Biologiezil ;,,i : ,•?, 4 Date
Endangered Species Coordinator Date
REVISED APRIL 19, 1995
2 PAGES
Macon County
Fishes
Spotfin chub (Hybonsis monacha) - T
Clams
Applachain elktoe (Alasmidonta raveneliana) - E
Little-winged pearly mussel (Pegias fabula) - E
Plants
Small whorled pogonia (Isotria medeoloides) - T
Virginia spiraea (Spiraea virginiana) - T
There are species which, although not now listed or officially proposed for listing as endangered or
threatened, are under status review by the Service. These "Candidate"(C1 and C2) species are not legally
protected under the Act, and are not subject to any of its provisions, including Section 7, until they are
formally proposed or listed as threatened or endangered. We are providing the below list of candidate
species which may occur within the project area for the purpose of giving you advance notification. These
species may be listed in the future, at which time they will be protected under the Act. In the meantime,
we would appreciate anything you might do for them.
Mammals
Alleghany woodrat (Neotoma magister) - C2
Appalachian cottontail (Slyvialqus obscurus) - C2*
Rafinesque's big-eared bat (Plecotus rafinesquii) - C2*
Birds
Appalachian Bewick's wren (Thryomanes bewickii altus) - C2*
Cerulean warbler (Dendroica cerulea) - C2
Olive-sided flycatcher (Contopus borealis) - C2
Amphibians
Green salamander (Aneides aeneus) - C2
Hellbender (Cryptobranchus alleganiensis) - C2
Reptiles
Bog turtle (Clemmys muhlenbergi) - C2
Arachnids
Lost Nantahala cave spider (Nesticus cooperi) - C2
Fishes
Olive darter (Percina squamata) - C2
Crustaceans
Little Tennessee crayfish (Cambarus georoiae) - C2
Insects
Diana fritillary butterfly (Speyeria diana) - C2
Tawny crescent butterfly (Phycoides batesi) - C2

Macon County (cont'd)
REVISED APRIL 19, 1995
Plants
A liverwort (Cephaloziella obtusilobula) - C2*
A liverwort (Leieunea blomauistii) - C2
A liverwort (Loohocolea aoualachiana) - C2*
A liverwort (Plagiochila caduciloba) - C2
A liverwort (Plagiochila echinata) - C2*
A liverwort (Plagiochila shay ii) - C2*
A liverwort (Plagiochila sullivantii) - C2*
A liverwort (Plagiochiia virginica var. caroliniana) - C2*
Butternut (Juglans cinerea) - C2
Carolina mnium (Mnium carolinianum) - C2*
Carolina trillium (Trillium pusillum var. pusillum) - C2
Divided-leaf ragwort (Senecio miilefolium) - C2
Dwarf polydon fern (Grammitis nimbata) - C2
Fraser's loosestrife (Lysimachia fraseri) - C2
Gray's saxifrage (Saxifraga caroliniana) C2
Highlands moss (Schlotheimia lancifolia) - C2
Manhart's sedge (Carex manhartii) - C2
Mountain catchfly (Silene ovata) - C2*
No common name (Brachymenium andersonii) - C1
Oconee-bells (Shortia galacifolia) - C2
Piratebush (Buckleya distichoohylla) - C2
Short-styled oconee-bells (Shortia galacifolia var. brevistyla) C2
Sweet pinesap (Montropsis odorata) - C2
Wolf's milk spurge (Euphorbia ourpurea) - C2
*Indicates no specimen in at least 20 years from this county.