20030181 Ver 7_Emails_20140908 (2)

From: Cranford, Chuck
Sent: Monday, September U8,ZUl44:Z4PM
To: 8urdette, Jennifer a
Subject: FVV:4Ul
Attachments: Mission New License lU Z5 ZUll.pdf,U0U8ZUl4l6Zl48 DO[000814.pdf
See what you think. The I foot thing is in an addendum attached to Appendix A which has our 401 (sort of — the
conditions don't match) in it [attached].
Hepme Jennifer, hepme.
Is
**********************************************
55 15 r-
Division of Water Resources
Email correspondence to and from this address is subject to
the North Carolina Public Records Law and may bedisclosed
to third parties unless the content isexempt by statute or
other regulation.
From:]ohnson Steven
Sent: Monday, September O8, 2O14]:46 PM
To: Cranford, Chuck
Subject: RE: 401
Here you go Chuck. I have attached the whole license. The WQC starts on page 51 and the typo definition of "Long
Extended Drawdown" is on page 64. 1 have highlighted that for your convenience. Several years earlier we negotiated
the terms of the Historic Properties Management Plan with the NCSHPO and other resource agencies, so the 10 ft > 30
day definition for a "Long Extended Drawdown" has been in place for several years before 2010. If it helps, the
language was in the Maintenance and Emergency Protocol which was appended to the Lake Level and Flow
This was all part ofabout a week-long negotiation with DVVQ, USFVVS, NCVVKC and USFVVSto determine conditions to be
included in the 401 Water Quality Certification.

From: Cranford, Chuck [ma i Ito: chuck.cranfordCa)ncdenr.Qov]
Sent: Monday, September 08, 2014 2:18 PM
To: Johnson, Steven R
Subject: 401
****** This is an EXTERNAL email. Exercise caution. DO NOT open attachments or click links from
unknown senders or unexpected email.
Hi Steve —
Please provide a copy of the 401 you referred to regarding the 1- foot /10 -foot typo. I've searched through our electronic
database and have come up short.
Thanks,
Chuck
*************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * **
Chuck Cranford
Assistant Regional Supervisor, Water Quality Regional Operations
Division of Water Resources
Asheville Regional Office
2090 U.S. 70 Highway
Swannanoa, NC 28778
Tel: 828 - 296 -4500
Fax: 828 - 299 -7043
chuck.cranford @ncdenr.gov
Email correspondence to and from this address is subject to
the North Carolina Public Records Law and may be disclosed
to third parties unless the content is exempt by statute or
other regulation.
Fil

137 FERC ¶ 62,090
UNITED STATES OF AMERICA
FEDERAL ENERGY REGULATORY COMMISSION
Duke Energy Carolinas, LLC
INTRODUCTION
Project No. 2619 -012
ORDER ISSUING NEW LICENSE
(October 25, 2011)
1. On July 22, 2003, Duke Energy Carolinas, LLC (Duke)' filed, pursuant to sections
4(e) and 15 of the Federal Power Act (FPA),2 an application for a new license to continue
operation and maintenance of the Mission Hydroelectric Project No. 2619. The project's
authorized capacity being licensed is 1.8 megawatts (MW). The project is located on the
Hiwassee River, a tributary to the Tennessee River, in Clay and Cherokee Counties,
North Carolina .3 The project does not occupy any federal lands. As discussed below, I
am issuing a new license for the project.
' The project was originally licensed to Nantahala Power and Light Company. In
2000, Nantahala Power and Light Company changed its name to Nantahala Power and
Light, a division of Duke Energy Corporation. See 91 FERC ¶ 62,235 (2000). In 2001,
the license was transferred from Nantahala Power and Light, a division of Duke Energy
Corporation, to Duke Energy Corporation (under the name Duke Power, a division of
Duke Energy Corporation, Nantahala Area). 96 FERC ¶ 62,142 (2001). In 2007, the
license was transferred to Duke Energy Carolinas, LLC, and Duke Energy Carolinas,
LLC was substituted as the relicense applicant. 118 FERC ¶ 62,223 (2007).
2 16 U.S.C. §§ 797(e) and 808 (2006).
3 The Hiwassee River is a tributary to the Tennessee River, a navigable waterway.
See 13 F.P.C. 14, 23 -24 (1954). Pursuant to section 23(b)(1) of the FPA, the project is
required to be licensed because of its location on a stream over which Congress has
jurisdiction under the Commerce Clause, its connection to an interstate power grid, and
construction occurring at the project after 1935. See Nantahala Power and Light
Company, 56 F.P.C. 3560 (1976), order on reh'g, 57 F.P.C. 1033 (1977).

Project No. 2619 -012
BACKGROUND
-2-
2. The Commission issued the original license for the project on August 4, 1980, and
the license expired on July 31, 2005.4 Since then, Duke has operated the project under an
annual license pending the disposition of its new license application.
3. The Commission published notice of the application on November 7, 2003, setting
January 6, 2004, as the deadline for filing notices of intervention and motions to
intervene. s Motions to intervene were filed in the proceeding by the North Carolina
Wildlife Resource Commission (North Carolina WRC), the U.S. Department of the
Interior (Interior), the North Carolina Department of Environment and Natural Resources
(North Carolina DENR) and the Western North Carolina Alliance (Alliance).6 In
addition, late motions to intervene were filed by: Donald Beam; Jackson County, North
Carolina; Macon County, North Carolina; and the Town of Franklin, North Carolina.'
None of the intervenors oppose the project. The late motions to intervene were granted . 8
4. On October 14, 2004, the Commission published notice that the project was ready
for environmental analysis and solicited comments, recommendations, terms and
conditions, and prescriptions. In response, timely comments, recommendations, and
terms and conditions were filed by Interior, U.S. Fish and Wildlife Service (FWS), North
Carolina WRC, and North Carolina DENR. On June 16, 2005, a group of municipal and
local entities (community commenters) jointly filed untimely comments and
recommendations.9
4 12 FERC ¶ 62,069 (1980). The license was issued with an effective date of
May 1, 1965, and a termination date of 25 years from the first day of the month in which
the license was issued, i.e., July 31, 2005.
5 Commission staff held scoping meetings on February 11, 2004, in Hayesville,
North Carolina.
6 The motions were timely and unopposed. Therefore, they were automatically
granted under Rule 214(c)(1) of the Commission's regulations. 18 C.F.R.
§ 385.214(c)(1) (2011).
Duke opposed the untimely motion to intervene by Jackson County, North
Carolina. Further, on January 14, 2005, Duke opposed the untimely motions to intervene
by Macon County and the Town of Franklin, North Carolina.
8 See unpublished notice issued January 25, 2006.
9 The community commenters are: Jackson County, Jackson County Soil and
(continued)

Project No. 2619 -012
-3-
5. On February 9, 2006, the Commission issued a draft Environmental Assessment
(EA) for the relicensing of Mission Project No. 2619, Franklin Project No. 2603, and
Nantahala Project No. 2692. Interior, North Carolina WRC, North Carolina DENR,
FWS, U.S. Forest Service, American Whitewater, Jackson County, Macon County, the
Town of Franklin, and Duke filed comments on the draft EA. On July 12, 2006,
Commission staff issued a final EA. 10
6. The motions to intervene, comments, recommendations, and terms and conditions
have been fully considered in determining whether, and under what conditions, to issue
this license for the Mission Project.
PROJECT DESCRIPTION
A. Project Area
7. The Mission Project is located in western North Carolina at River Mile 106 on the
Hiwassee River within the Hiwassee River Basin, just upstream of the Cherokee County
line. The Tennessee Valley Authority's Chatugue dam and the Town of Hayesville are
located 15 miles and 9 miles, respectively, upstream of the Mission dam. The Town of
Mission is located approximately 0.5 mile downstream of the Mission dam.
B. Project Facilities
8. The Mission Project consists of. (1) a 397 - foot -long, 50- foot -high concrete dam
that includes, beginning at the left abutment (a) a 66- foot -long non - overflow concrete
Water Conservation District, Jackson County Parks and Recreation Department Advisory
Board, Jackson County Greenway Commission, Macon County, Town of Franklin, Town
of Webster, Dillsboro Inn and T.J. Walker, Friends of Lake Glenville Association, Inc.,
Glenville Community Development Club, Cullowhee Falls, Inc., and Cullowhee Forest
Property Owners Association, Inc.
Although styled as a "preferred settlement," the pleading is unilateral (neither
Duke nor any of the federal or state resource agencies are parties to it) and thus an
agreement in name only. See Duke Energy Carolinas, LLC 120 FERC ¶ 61,054 (2007),
order on reh'g, 123 FERC ¶ 61,069 (2008). The community commenters'
recommendations were considered in the Environmental Assessment for the project, and
are discussed in this order, infra, as they relate to the Mission Project.
10 Unless otherwise specified, references in this order to the EA are to the final
EA.

Project No. 2619 -012 - 4 -
gravity section, (b) a 126- foot -long gated spillway section with seven bays and Tainter
gates, (c) a 72- foot -long non - overflow concrete gravity section, (d) a 54- foot -long intake
section with three intake bays, and (e) a 79- foot -long non - overflow concrete gravity
section; (2) a 47 -acre reservoir (Mission Reservoir) at normal full pond elevation
1,658.17 feet mean sea level (msl); (3) three 56- foot -long concrete penstocks; (4) a
powerhouse containing three turbine /generating units," the 500- kilowatt (kW) generating
unit No. 1, the 500 -kW generating unit No. 2, and the 800 -kW generating unit No. 3, with
a total installed capacity of 1.8 MW; and (5) appurtenant facilities. Because project
power is transmitted directly to a single three -phase transformer switchyard which abuts
the powerhouse, there is no primary transmission line at the project. There are currently
no project recreation facilities.
C. Project Boundary
9. The Mission Project boundary, consisting of lands necessary for the safe operation
and maintenance of the project and other purposes, such as shoreline control and
protection of environmental resources, encompasses about 99 acres. The project
boundary encloses the dam, powerhouse, Mission Reservoir, the tailrace to a point
400 feet downstream of the dam, and an access road. The project boundary includes the
Mission Reservoir and associated lands up to contour elevation 1,685.17 feet msl, except
in some areas where it follows irregularly shaped metes and bounds property
descriptions. Duke proposes no change to the project boundary.
D. Current Project Operation
10. The Mission Project generates an average of 8,134 megawatt -hours (MWh) of
energy annually when all three generating units are operating. As licensed, Duke
operates the Mission Project in a run -of -river mode and operates to maintain a reservoir
elevation within 0.5 foot of normal full pond elevation 1,658.17 feet msl. Reservoir
levels are maintained by a programmable logic controller which controls three of the
seven Tainter gates and the hydro units. The remaining four Tainter gates are operated
manually. The three generating units have a total maximum hydraulic capacity of 786
cubic feet per second (cfs) and a minimum hydraulic capacity of 141 cfs. All inflow in
excess of 786 cfs is passed through one or more Tainter gates. When the project is not
operating (e.g., during emergencies, for project maintenance, or when not operating due
to damaged generating facilities), Duke provides a minimum flow of 280 cfs, or inflow,
whichever is less, from the powerhouse to maintain fishery resources downstream of the
proj ect.
11 Facing downstream, from left to right, is the 500 -kW generating unit No. 1, 500 -
kW generating unit No. 2, and 800 -kW generating unit No. 3.

Project No. 2619 -012 -5 -
E. Proposed Project Operation
11. Duke proposes no new capacity for the project; however, Duke proposes complete
rehabilitation of two of the three generating units, specifically, the 500 -kW generating
unit No. 1 and the 500 -kW generating unit No. 2, by December 2012.
12. Duke proposes to implement a Lake Level and Flow Management Plan 12
(Addendum No. I of the water quality certification (certification)) to manage and monitor
Mission Reservoir water levels and flows downstream of the project dam. Under the
plan, Duke proposes to continue operating the project in a run -of -river mode, using a
programmable logic controller to control the units and the Tainter gates. When all
generating units are operable, Duke would maintain reservoir elevations within ±0.1 foot
of normal target elevation (1,657.67 feet msl) for 99 percent of the year and ±0.3 foot for
1 percent of the year. When fewer than two hydro units are operable, Duke would
maintain reservoir levels within ±0.3 foot of the normal target elevation (1,657.67 feet
msl).13
13. Duke proposes to maintain a minimum flow into the project tailrace during
reservoir maintenance activities or drawdown and refill periods equal to the September
median flow (about 341 cfs). The minimum flow would prevent dewatering of the
Hiwassee River downstream of the dam and protect aquatic resources in this reach during
project maintenance activities, which occur infrequently.
F. Other Proposed Measures
14. Duke proposes to develop and implement a Long -Term Sediment Management
Plan 14 (part of the Nantahala Area Run -of -River Projects Sediment Study Plan,
12 Duke developed the Lake Level and Flow Management Plan, the Nantahala
Area Run -of -River Projects Sediment Study Plan, and the Nantahala Area Run -of -River
Projects Maintenance and Emergency Protocol after consultation with the FWS, North
Carolina Division of Water Quality, North Carolina Division of Water Resources, and the
North Carolina WRC, and filed it with the Commission on July 14, 2010.
13 Duke proposes to maintain these elevations unless it is operating under its
proposed Nantahala Area Run -of -River Projects Maintenance and Emergency Protocol
(Appendix to Addendum No. 1 of the certification). However, if Duke determines that
fewer than 2 units will be operable for more than 60 consecutive days, it would consult
with the relevant agencies to develop a plan and schedule for complying with run -of -river
operations.
14 See n. 12, supra.

Project No. 2619 -012 - 6 -
Addendum No. 3 to the certification), which would be applied to the Mission Project and
its other two Nantahala Area Run -of -River Projects (the Bryson Project No. 2601 and
Franklin Project No. 2603). The plan would be developed based on the results of a
sediment removal pilot study (Pilot Study) to be conducted at the first project requiring
sediment removal (i.e., either Bryson, Franklin, or Mission project). The plan would
include provisions for: (1) monitoring turbidity and suspended solids for a period of
2 years after all hydro units are restored and operational; (2) removing and disposing of
man -made trash from the intake rack in accordance with Duke's proposed trash removal
plan; and (3) developing guidelines for trashrack maintenance, debris /sediment
management and removal, and emergency drawdowns (e.g., rates of drawdown and
refilling). After 5 years of implementing the Long -Term Sediment Management Plan,
Duke proposes to consult with the resource agencies to review and evaluate the adequacy
of the plan.
15. Duke proposes to install and maintain wood duck nesting boxes at the project to
enhance wood duck habitat.
16. Duke proposes to construct: (1) a canoe portage around Mission dam; (2) a boat
ramp downstream of the dam with a parking area for 4 to 6 vehicles, and for 4 to
6 vehicles with trailers; and (3) a 2,218- foot -long, non - motorized trail on Duke -owned
land along the abandoned Peavine Railroad right-of-way, 15 extending from the Mission
Project powerhouse upstream to the Carroll Lake outfall16 to provide for wildlife
viewing.
17. Duke proposes to continue to implement its Shoreline Management Guidelines,
which are general guidelines it has established to protect the environmental resources at
all eight of its licensed hydroelectric projects.
18. Duke proposes to implement a Programmatic Agreement (PA) and its associated
Historic Properties Management Plan (HPMP) to protect historic properties.
15 The abandoned Peavine Railroad right -of -way parallels the entire north shore of
Mission Reservoir.
16 Carroll Lake is a small lake surrounded by private land located off the north
bank of the Mission Reservoir, between the reservoir and Mission Dam Road. See EA
at 156.

Project No. 2619 -012
SUMMARY OF LICENSE REQUIREMENTS
-7-
19. As summarized below, this license, which authorizes 1.8 MW of renewable
energy, requires a number of measures to protect and enhance fish, wildlife, cultural, and
recreation resources at the project.
20. To protect the aquatic resources in the Mission Reservoir and the Hiwassee River,
the license requires Duke to: (1) operate the project in a run -of -river mode; (2) monitor
project operation as described in its Lake Level and Flow Management Plan (Addendum
No. 1 to the certification); and (3) revise its Sediment Management Plan (Addendum
No. 3 to the certification) to include (a) provisions, when dredging, to minimize the
impact of the project drawdown and sediment removal on environmental resources;
(b) provisions for evaluating downstream effects on aquatic resources; (c) best
management practices for sediment management; and (d) a schedule for implementation.
21. To protect the aquatic resources in the Hiwassee River, the license requires Duke
to release a minimum flow of 341 cfs (the September median flow) into the project
tailrace during reservoir maintenance activities or drawdown and refill periods.
22. To enhance wood duck nesting at the project, the license requires Duke to install
and maintain wood duck nesting boxes.
23. The license reserves authority for the Commission to require Duke to construct,
operate, and maintain fishways as may be prescribed in the future by the Secretary of the
Interior.
24. To improve recreation opportunities at the project, the license requires Duke to
develop and implement a Recreation Plan that provides for a canoe portage around
Mission dam, a boat ramp downstream of the dam with parking for vehicles as well as for
vehicles with trailers, and a 2,218- foot -long, non - motorized trail on Duke -owned land
along the abandoned Peavine Railroad right -of -way, extending from the Mission Project
powerhouse to the Carroll Lake outfall.
25. To protect the scenic quality and environmental resources at the project, the
license requires Duke to develop and implement a Shoreline Management Plan that
incorporates the provisions of Duke's Shoreline Management Guidelines that specifically
pertain to the Mission Project.
26. To protect cultural resources at the project, the license requires Duke to implement
the PA and associated HPMP for the Mission Project.

Project No. 2619 -012
WATER QUALITY CERTIFICATION
27. Under section 401(a)(1) of the Clean Water Act (CWA),17 the Commission may
not issue a license authorizing the construction or operation of a hydroelectric project
unless the state water quality certifying agency either has issued certification for the
project or has waived certification by failing to act on a request for certification within a
reasonable period of time, not to exceed one year. Section 401(d) of the CWA provides
that the certification shall become a condition of any federal license that authorizes
construction or operation of the project. 18
28. On July 8, 2003, Duke applied to the North Carolina DENR, Division of Water
Quality (North Carolina DWQ) for water quality certification for the Mission Project.
Each year since that date, Duke has withdrawn and refiled its application. On
June 9, 2009, Duke refiled its application. The North Carolina DWQ received the last
request on June 11, 2009. On June 9, 2010, North Carolina DWQ issued certification for
the project that included nine conditions, which are set forth in Appendix A of this order
and incorporated into the license (see Ordering Paragraph D). On July 30, 2010, North
Carolina DWQ made certain minor corrections to the certification for the Mission
Project.
29. The certification includes: (1) a requirement to implement best management
practices for waste, spoil, solids, or fill within wetlands, waters, or riparian areas;
(2) measures regarding sediment and erosion control in wetlands or waters; (3) a
requirement to identify and report to the North Carolina DWQ and the North Carolina
Division of Water Resources (North Carolina DWR) existing and proposed consumptive
uses of Mission Project waters; (4) a statement that the certification does not grant or
affirm any property right or any right of use in any waters; (5) a requirement to comply
with state water quality standards; (6) incorporation by reference the Lake Level and
Flow Management Plan and run -of -river requirement (Addendum No. 1) and the
Nantahala Area Run -of -River Projects Sediment Study Plan (Sediment Study Plan,
Addendum No. 3),19 including additional agency consultation for modifying the Pilot
Study Plan; (7) a requirement to develop a Long -Term Sediment Management Plan;
(8) incorporation by reference of the Nantahala Area Run -of -River Projects Maintenance
and Emergency Protocol (Maintenance and Emergency Protocol) which is an appendix to
17 33 U.S.C. § 1341(a)(1) (2006).
18 33 U.S.C. § 1341(d) (2006).
19 The Nantahala Area Run -of -River Project Sediment Study Plan consists of two
components: (1) the Pilot Study and (2) the Long -Term Sediment Management Plan.

Project No. 2619 -012 - 9 -
the Lake Level and Flow Management Plan; and (9) a requirement to develop a Shoreline
Management Plan.
30. Certain conditions of the certification refer to Addenda and an Appendix to
Addendum No. 1, regarding the Lake Level and Flow Management Plan, the Sediment
Study Plan, and the Maintenance and Emergency Protocol,20 and are summarized below,
In addition, certain conditions of the certification do not provide for the licensee to file a
report with, or to notify, the Commission regarding project operations, and portions of
certain conditions are for other projects and are, thus, not applicable to the Mission
Project. I discuss such matters below.
A. Lake Level and Flow Management Plan (Addendum No. 1)
31. The Lake Level and Flow Management Plan, required by Condition 6 (Addendum
No. 1) of the certification, includes provisions for: (1) establishing reservoir levels and
flow management procedures during normal project operations; (2) identifying potential
operational issues; (3) filing annual compliance reports; and (4) establishing emergency
alert systems to enhance remote monitoring.
32. As part of the Lake Level and Flow Management Plan, Duke is required, after
5 years of project operation, to convene a meeting with the FWS, the North Carolina
WRC, the North Carolina DWR, and the North Carolina DWQ to discuss project
maintenance as well as the required project operations. However, neither the plan, nor
the certification, provide for Commission notification of the meeting. Therefore,
Article 401(b) requires Duke to notify the Commission of the meeting. Article 401(c)
requires Duke to file with the Commission for approval any changes made to the Lake
Level and Flow Management Plan, resulting from the meeting.
33. Condition 7 of the certification requires Duke, as part of the Lake Level and Flow
Management Plan, to file compliance reports with the North Carolina DWQ, but not with
the Commission. Therefore, Article 401(b) requires Duke to file the compliance reports
with the Commission.
20 The Addendum and Appendix were not attached to the certification filed by the
North Carolina DWQ. On July 14, 2010, Duke filed Addendum No. 1, Addendum No. 3,
and the Appendix to Addendum No. 1. These plans and protocol are included in their
entirety in Appendix A.

Project No. 2619 -012 - 10-
B. Nantahala Area Run -of -River Projects Maintenance and Emergency
Protocol (Appendix to Addendum No. 1) (Maintenance and Emergency
Protocol)
34. The Maintenance and Emergency Protocol defines normal operations, notification
protocols, and conditions outside normal operations for Duke's three run -of -river
projects, including the Mission Project. Duke proposes to implement the protocol when
conditions outside of normal project operations occur. The Maintenance and Emergency
Protocol identifies provisions for responding to scheduled and unscheduled project
operations, including: (1) hydro unit maintenance; (2) minimum flow provisions during
refilling of the reservoir; (3) dam safety emergencies; (4) voltage and capacity
emergencies; (5) reservoir draw downs; and (6) notification of any temporary closures of
access to recreation facilities.
35. Condition 8 of the certification requires Duke to implement the Maintenance and
Emergency Protocol, which includes a general framework for managing reservoir levels
and flows and monitoring reservoir levels and flows downstream, during normal
operations, maintenance, and emergency operations. As such, procedural protocols for
project operations during drawdowns of the project reservoir are included in this
protocol. However, the Maintenance and Emergency Protocol does not require, nor does
it provide, specific provisions for a Reservoir Drawdown Plan, including: (1) the timing;
(2) the rates of drawdown and refill; and (3) agency notification of scheduled outages
prior to drawdown and refill periods to minimize downstream effects due to outages and
flows released below a minimum flow of 341 cfs (the September median flow).
Therefore, I am requiring, in Article 409, that Duke develop a Reservoir Drawdown Plan
that includes the above provisions, and file the plan with the Commission for approval.
36. The Maintenance and Emergency Protocol includes communication and reporting
provisions to be implemented during and after project operation changes. Some reports
are not required to be filed with the Commission. To facilitate the Commission's
oversight of the license, Article 401(b) requires Duke to file a report, whenever fewer
than two hydro units are operable, and notify the Commission of any access area
closures.
37. Finally, the Maintenance and Emergency Protocol provides for unspecified, long-
term changes to the protocol; however, it does not include a schedule for revisions.
Therefore, Article 401(c) requires Duke to file with the Commission for approval any
changes made to the Maintenance and Emergency Protocol and a schedule to implement
applicable revisions, after consultation with the FWS, the North Carolina WRC, the
North Carolina DWR, and the North Carolina DWQ.

Project No. 2619 -012 - 11 -
C. Nantahala Area Run -of -River Projects Sediment Study Plan (Addendum
No. 3) (Sediment Study Plan)
38. The Sediment Study Plan, required by Conditions 6 and 7 of the certification, has
three main objectives: (1) develop a protocol for a single Nantahala Area -wide sediment
removal pilot study (Pilot Study); (2) conduct the Pilot Study at the first project requiring
sediment removal (i.e. either Bryson, Franklin, or Mission project); and (3) file a Long -
Term Sediment Management Plan for each of the three projects, based on the Pilot Study
results. The Pilot Study would be conducted only at the first of the three Nantahala area
run -of -river projects where sediment removal is to be done. Duke would conduct the
Pilot Study to provide the basis for its Long -Term Sediment Management Plan that
would be implemented for its three Nantahala area run -of -river projects, including the
Mission Project . 21
39. The Sediment Study Plan, however, does not include specific provisions that
address the plan's objective of avoiding effects on downstream environmental resources
during dredging, nor does the plan include a provision for filing a post - license study of
alternative minimum flows if Duke determines adequate instream flows (i.e., the
September median flows) cannot be met during drawdown and refilling.
40. Therefore, I am requiring Duke, in Article 408, to revise its Sediment Study Plan,
specifically the Pilot Study Plan, and file it with the Commission for approval. The
revised Pilot Study Plan would include, at a minimum, the following provisions: (1) site
specific measures to minimize the effects of project drawdowns on downstream resources
during dredging; (2) monitoring, including short -term monitoring for inflow turbidity and
suspended solids, including monitoring methods, locations, and frequencies; (3) a
schedule for filing the Pilot Study report and a schedule for future sediment removal,
including project maintenance; and (4) best management practices for sediment removal.
41. I am additionally requiring, as part of Article 401(a), that if Duke finds it
necessary to conduct a September Median Flow Post - License Study, Duke file the study
plan with the Commission for approval before implementation. Upon completion of the
Pilot Study Plan (required in Article 408) and any September Median Flow Post - License
Study, Article 401(a) requires Duke to file the Long -Term Sediment Management Plan
with the Commission for approval. Further, Article 401(b) requires Duke to file the
21 The Long -Term Sediment Management Plan also would include a post - license
study to determine adequate instream flows if the September median flow (about 341 cfs)
cannot be met during drawdown and refilling. The timing for conducting the study is,
however, unclear (i.e., as part of preparing the Long -Term Sediment Management Plan,
or at some point in the future if conditions warranted).

Project No. 2619 -012
-12-
results of any September Median Flow Post - License Study with the Commission along
with any necessary license amendment, as required by the certification.
COASTAL ZONE MANAGEMENT ACT
42. Under section 307(c)(3)(A) of the Coastal Zone Management Act (CZMA),22 the
Commission cannot issue a license for a project within or affecting a state's coastal zone
unless the state CZMA agency concurs with the license applicant's certification of
consistency with the state's CZMA program, or the agency's concurrence is conclusively
presumed by its failure to act within 180 days of its receipt of the applicant's
certification.
43. North Carolina DENR, Division of Coastal Management, manages North
Carolina's Coastal Zone Management Program. North Carolina's coastal zone includes
20 counties that in whole, or in part, are adjacent to, adjoining, intersected by, or bounded
by the Atlantic Ocean or any coastal sound(s).
44. Pursuant to the National Oceanic and Atmospheric Administration's regulations
implementing the CZMA, 15 C.F.R. § 930.53 (2010), if a state chooses to review
activities, with reasonably foreseeable effects, outside its coastal zone, it must generally
describe the geographic location of such activities. If a state wishes to review activities
outside of the coastal zone, and for which it has not generally described the geographic
location for review, the state must follow the procedures established in 15 C.F.R.
§ 930.54 (2010). That section requires the state to notify the federal agency, the
applicant, and the National Oceanic and Atmospheric Administration of unlisted
activities affecting the coastal zone (that it wishes to review) within 30 days from notice
of the license application. 23
45. The Mission Project is located outside North Carolina's coastal zone, and North
Carolina has not described a geographic location for federal license activities outside the
coastal zone that it wishes to review. Notice of the license application was published in
the Federal Register on November 19, 2003. The agency did not notify the Commission
or the applicant that it wished to review the application. Therefore, certification is not
required.
22 16 U.S.C. § 1456(c)(3)(A) (2006).
23 Notice may be constructive, if it is published in the Federal Register. 15 C.F.R.
§ 930.54(a)(2) (2011).

Project No. 2619 -012
SECTION 18 FISHWAY PRESCRIPTIONS
-13-
46. Section 18 of the FPA24 provides that the Commission shall require the
construction, maintenance, and operation by a licensee of such fishways as may be
prescribed by the Secretary of the Interior or the Secretary of Commerce, as appropriate.
47. On December 13, 2004, the Secretary of the Interior timely requested that the
Commission reserve authority to prescribe fishways at the Mission Project in the future.
Consistent with Commission policy, Article 404 of this license reserves the
Commission's authority to require fishways that may be prescribed by the Secretary of
the Interior for the Mission Project.
THREATENED AND ENDANGERED SPECIES
48. Section 7(a)(2) of the Endangered Species Act (ESA) of 197325 requires federal
agencies to ensure that their actions are not likely to jeopardize the continued existence of
federally listed threatened and endangered species, or result in the destruction or adverse
modification of designated critical habitat.
49. By letter filed on December 10, 2004,26 the FWS stated that there are no listed
species or critical habitats found in the Mission Project area and that the project would
not affect endangered or threatened species and their habitats. Therefore, the
requirements under section 7 of the ESA are fulfilled.
NATIONAL HISTORIC PRESERVATION ACT
50. Under section 106 of the National Historic Preservation Act (NHPA)27 and its
implementing regulations ,28 federal agencies must take into account the effect of any
proposed undertaking on properties listed or eligible for listing in the National Register of
Historic Places (defined as historic properties) and afford the Advisory Council on
Historic Preservation a reasonable opportunity to comment on the undertaking. This
24 16 U.S.C. § 811 (2006).
2516 U.S.C. § 1536(a) (2006).
26 Letter from G. Hogue, Regional Environmental Officer, U.S. Fish and Wildlife
Service, to M.R. Salas, Secretary, FERC.
27 16 U.S.C. § 470 et seq. (2006).
28 36 C.F.R. Part 800 (2011).

Project No. 2619 -012 -14-
generally requires the Commission to consult with the State Historic Preservation Officer
(SHPO) to determine whether and how a proposed action may affect historic properties,
and to seek ways to avoid or minimize any adverse effects.
51. To satisfy these responsibilities, the Commission executed a PA with the North
Carolina SHPO and invited Duke and the Eastern Band of Cherokee Indians29 to concur
with the stipulations of the PA. Duke and the Eastern Band of Cherokee Indians
concurred. The PA requires Duke to implement its HPMP for the term of any license
issued for this project. Duke's "Historic Properties Management Plan, Mission
Hydroelectric Project No. 2619 -012" filed August 7, 2006, is approved in Ordering
Paragraph E. Execution of the PA demonstrates the Commission's compliance with
section 106 of the NHPA. Article 407 requires the licensee to implement the PA and its
approved HPMP.
RECOMMENDATIONS OF FEDERAL AND STATE FISH AND WILDLIFE
AGENCIES PURSUANT TO SECTION 106) OF THE FPA
52. Section 100)(1) of the FPA30 requires the Commission, when issuing a license, to
include conditions based on recommendations by federal and state fish and wildlife
agencies submitted pursuant to the Fish and Wildlife Coordination Act,31 to "adequately
and equitably protect, mitigate damages to, and enhance fish and wildlife (including
related spawning grounds and habitat)" affected by the project.
53. In response to the October 14, 2004 public notice that the project was ready for
environmental analysis, Interior 32 filed 11 recommendations under section 100). North
29 The Eastern Band of Cherokee Indians is a federally- recognized tribe. While
the project is not located on tribal land, the Eastern Band of Cherokee Indians expressed
an interest in reviewing cultural resources reports and working with Duke to develop and
implement the HPMP.
3016 U.S.C. § 8030)(1) (2006).
31 16 U.S.C. § 661 et seq. (2006).
32 See Interior filing of December 10, 2004.

Project No. 2619 -012 - 15 -
Carolina WRC33 filed 15 recommendations, and North Carolina DENR 34 filed six
recommendations under section 100).35
54. Four recommendations made by Interior, 10 recommendations made by North
Carolina WRC, and three recommendations made by North Carolina DENR were
determined to be outside the scope of section 100) and are discussed in the next section.
This license includes the following conditions consistent with the remaining seven
recommendations made by Interior, five remaining recommendations made by North
Carolina WRC, and three remaining recommendations made by North Carolina DENR
that are within the scope of section 100). Some recommendations were considered by
staff to overlap and were combined for consistency, therefore staff considered a total of
seven recommendations within the scope of section 100).
55. Six of the seven section 100) recommendations have been incorporated into this
license by the certification and include: (1) Interior's, North Carolina WRC's, and North
Carolina DENR's recommendations to operate the Mission Project in a run -of -river mode
and maintain the reservoir level within ±0.1 to ±0.3 foot of normal target elevation;
(2) Interior's, North Carolina WRC's, and North Carolina DENR's recommendations to
provide downstream flows of 341 cfs (the September median flow) during reservoir
drawdown and refill or develop an alternative to include agency notification for planned
events during operational changes; (3) Interior's recommendation to dredge in the
vicinity of the intake during high flow periods; (4) Interior's recommendation to conduct
water quality monitoring during drawdown and refill; (5) Interior's and North Carolina
WRC's recommendations to conduct and implement a sediment management study and
plan; and (6) Interior's, North Carolina WRC's, and North Carolina DENR's
recommendations to install a device for monitoring compliance with project operation.
56. In addition to those recommendations required by the certification, this license
includes the following condition consistent with the remaining recommendation that is
within the scope of section 100): install and maintain wood duck nesting boxes, after
consultation with North Carolina WRC and the FWS, and submit a report to the resource
agencies, beginning the second year on the condition, usage, and maintenance of the
wood duck boxes (Article 403).
33 See North Carolina WRC filing of December 13, 2004.
34 See North Carolina DENR filing of December 13, 2004.
35 In an April 27, 2006 teleconference, staff conducted a 100) meeting with North
Carolina WRC, North Carolina DENR, and Interior to resolve inconsistencies between
the agencies' recommendations and the purposes and requirements of the FPA.

Project No. 2619 -012
SECTION 10(a)(1) of the FPA
-16-
57. Section 10(a)(1) of the FPA 36 requires that any project for which the Commission
issues a license shall be best adapted to a comprehensive plan for improving or
developing a waterway or waterways for the use or benefit of interstate or foreign
commerce; for the improvement and utilization of waterpower development; for the
adequate protection, mitigation, and enhancement of fish and wildlife; and for other
beneficial public uses, including irrigation, flood control, water supply, recreation, and
other purposes.
58. Interior made four recommendations, North Carolina WRC made
10 recommendations, and North Carolina DENR made three recommendations under
section 100) that are not specific measures to protect, mitigate damages to, or enhance
fish and wildlife. Consequently, I do not consider these recommendations under section
100) of the FPA .37 Instead, I consider these recommendations under the broad public
interest standard of section 10(a)(1) of the FPA.
59. The community commenters made two recommendations in their community
proposal, including a license term for the Mission Project not to exceed 40 years. The
other recommendation, developing a sediment removal plan, is included in the
certification (Appendix A) and will not be discussed further. The license term is
discussed separately.
A. Recreation Measures
1. Canoe Portage, Boat Ramp, and Fishing Access
60. Duke proposes to construct: (1) a canoe portage around Mission dam and (2) a
boat ramp downstream of the dam with a parking area for 4 to 6 vehicles, and for 4 to
6 vehicles with trailers.
61. North Carolina DENR and Interior recommended Duke provide: (1) a canoe
portage around Mission dam and (2) a boat ramp downstream of the dam, with parking.
North Carolina WRC recommended Duke provide: (1) a canoe portage; (2) a vehicle
3616 U.S.C. § 803(a)(1) (2006).
37 Some section 10(a)(1) recommendations were considered by staff to overlap and
were combined for consistency. Two of North Carolina WRC's recommendations
overlapped with recommendations made by Interior, two recommendations made by
North Carolina DENR overlapped with a recommendation made by Interior. Therefore,
staff considered a total of 13 recommendations within the scope of section 10(a)(1).

Project No. 2619 -012
-17-
unloading site upstream of the dam; and (3) barrier -free bank fishing facilities at Mission
Reservoir and downstream of the dam.
62. In the EA '38 staff recommended Duke's proposal and the agencies'
recommendations to provide for a canoe portage around Mission dam and a boat ramp
downstream of the dam with parking to accommodate the launching of boats, which
would allow boaters and anglers access to the Hiwassee River.
63. In the EA,39 staff did not recommend adopting North Carolina WRC's
recommendation that Duke provide a vehicle unloading site upstream of the dam because
the proposed canoe portage would be available for launching boats. In addition, there is a
river access site located approximately 1 mile upstream of the Mission Project at the
Sweetwater Community Park. Further, the EA found that barrier -free bank fishing
facilities at the Mission Reservoir and downstream of the dam would not be feasible due
to site constraints which would preclude safe public access.
64. I agree with staff findings, and therefore, Article 405 requires Duke to develop and
implement a Recreation Plan that provides for a canoe portage around Mission dam and a
boat ramp downstream of the dam with parking for 4 to 6 vehicles, and for 4 to 6 vehicles
with trailers.
2. Trails
65. Duke proposes to construct a 2,218- foot -long, non - motorized trail on Duke -owned
land along the abandoned Peavine Railroad right -of -way, extending from the Mission
Project powerhouse upstream to the Carroll Lake outfall to provide for wildlife viewing.
66. North Carolina WRC and the Alliance recommended Duke provide access along
the entire length of the Mission Reservoir for wildlife viewing by improving the 12,000 -
foot -long abandoned Peavine Railroad right -of -way. The EA 40 noted that Duke filed
with the Commission a map showing land ownership associated with the abandoned
Peavine Railroad right -of -way in its response to the Commission's additional information
request. Duke also noted eight existing trails in the project area. As discussed in the EA
and Duke's filing, Duke commented it would be difficult to improve the almost 12,000 -
foot -long Peavine Railroad right -of -way because ownership of approximately 6,700 feet
38 See EA at 205 -06.
39 Id. at 206.
40 Id. at 208.

Project No. 2619 -012 - 18-
of the property is in dispute.41 Of the remaining, undisputed 5,238 feet, the EA42 noted
3,020 feet is not suitable for development of a trail, as it would entail crossing the Carroll
Lake outfall, which would present site engineering challenges on difficult terrain. Staff,
therefore, did not recommend North Carolina WRC's or the Alliance's recommendations
for improving the almost 12,000- foot -long abandoned Peavine Railroad right -of -way.
67. Staff, however, recommended Duke's proposal to construct, along the abandoned
Peavine Railroad right -of -way owned by Duke, an estimated 2,218- foot -long, non -
motorized trail to provide public access to the Mission Reservoir for wildlife viewing.
With the existing eight trails in the project area and Duke's proposal to construct the non -
motorized trail, there would be adequate recreation opportunities for public access and
wildlife viewing. 43 The Alliance recommended the trail should be barrier -free to provide
access for disabled persons. Staff found developing the trail as barrier -free would be
difficult due to the steep terrain and therefore did not recommend the Alliances'
recommendation. I agree with staff findings. Article 405 requires Duke to construct and
maintain a 2,218- foot -long, non - motorized trail on Duke -owned land along the
abandoned Peavine Railroad right -of -way from the Mission Project powerhouse to the
Carroll Lake outfall.
3. Free Public Access and Recreation Easements
68. North Carolina WRC recommended Duke: (1) ensure that all recreation facilities
are open to the public free of charge and (2) convey, to an unspecified entity, recreation
easements to all recreation facilities within 2 years of license issuance, or at least 90 days
prior to selling or transferring any project property. In the EA '44 staff did not recommend
adopting these measures. The Commission's regulations at 18 C.F.R. section 2.7 (2011)
allow a licensee to charge reasonable fees to users of such facilities in order to help
defray the cost of constructing, operating, and maintaining such facilities. Duke, as
licensee, will own, operate, and maintain the project recreation facilities, and as such, the
recreation facilities would not be conveyed to another entity without Commission
approval. In the event that the Mission Project license is surrendered, the disposition of
Duke's recreation facilities would be determined at that time. Therefore, I am not
adopting North Carolina WRC's recommendations.
41 See Duke's filing of January 5, 2004. Duke and several entities claim
ownership to the approximate 6,700 feet of land along the abandoned Peavine Railroad
right -of -way.
42 See EA at 210.
43 Id. at 209.
44 Id. at 212.

Project No. 2619 -012
B. Shoreline Management Plan
-19-
69. Duke, as part of its license application, filed a draft Project Reservoir and Land
Management Plan and Shoreline Management Guidelines (Shoreline Management
Guidelines)45 that include provisions for eight projects, including Bryson, Dillsboro'46
Franklin, Mission, East Fork, West Fork, and Nantahala Projects, as well as the Queens
Creek Project No. 2694.47 The Shoreline Management Guidelines establish a framework
to protect environmental resources at the projects, and enhance public access to the
projects' lands and waters.
70. Interior and North Carolina WRC recommended Duke implement its Shoreline
Management Guidelines as drafted. The Alliance commented that a Shoreline
Management Plan for the Mission Project is needed because Duke does not have a
separate plan for the Mission Project.
71. In the EA,48 staff recommended adopting the measures contained in the Shoreline
Management Guidelines. However, staff noted the Shoreline Management Guidelines
address all of the above projects, and recommended Duke develop and implement a
separate Shoreline Management Plan for each of its projects, including the Mission
Project.
72. Condition 9 of the certification requires Duke to develop a Shoreline Management
Plan for the Mission Project, but does not include any details. Therefore, Article 406
requires Duke to file for Commission approval a Shoreline Management Plan that
incorporates the provisions of Duke's Shoreline Management Guidelines, specifically
pertaining to the Mission Project.
C. Species Diversity Plan
73. North Carolina WRC recommended Duke consult with the North Carolina WRC
and FWS to determine appropriate methods to increase species diversity in the watershed.
North Carolina WRC49 asserts that fish movement is inhibited by the Mission dam,
thereby reducing fishery and aquatic diversity.
45 See License Application, filed July 22, 2003, Volume I, Appendix 3.
46 120 FERC ¶ 61,054 (2007).
47 98 FERC ¶ 62,214 (2002).
48 See EA at 274 -75.
49 See North Carolina WRC filing of March 8, 2004.

Project No. 2619 -012 -20-
74. The EA 50 noted that fish surveys resulted in the collection of a diverse assemblage
of cold and warmwater fish species, both upstream of, and downstream from, the Mission
dam. Although the dam acts as a barrier for upstream and downstream fish movement,
the effect depends on whether a species has an obligatory need to move past the dam to
other river reaches to maintain life stages. With regard to the species of concern in the
Hiwassee River that exhibit these patterns of movement within the river system (such as,
river redhorse, shorthead redhorse, mottled sculpin and various darter species), there is a
lack of information documenting their presence in the project area. Therefore, I am not
requiring a species diversity plan as part of the license.
D. Project Operations
75. This license requires, in Article 402, Duke to operate the Mission Project in run -
of -river mode and maintain the water surface elevation of the Mission Reservoir at
1,657.67 feet msl, +0.1 to ±0.3 foot,51 except during droughts or emergency situations.
Operating the project in a run -of -river mode would protect water quality, aquatic biota,
and aquatic habitat, by minimizing fluctuations of water surface levels both upstream and
downstream of the project. Run -of -river operation would provide adequate protection of
fish and other aquatic organisms that rely on near -shore habitat for feeding, spawning,
and cover, as well as aquatic vegetation beds near the shoreline. The Lake Level and
Flow Management Plan, required by Conditions 6 and 7 of the certification and included
in Article 402, will provide a means to monitor project operation and assure compliance
with run -of -river operation.
76. In addition, the Maintenance and Emergency Protocol, required by Condition 8 of
the certification, includes a 341 -cfs minimum flow or inflow, if less, during operating
emergencies. During emergency situations, which may alter run -of -river operation and
reduce flows downstream of the Mission dam, providing a minimum flow into the project
tailrace would assure that the Hiwassee River downstream of the dam would not be
dewatered and downstream fisheries and aquatic resources are protected. Therefore, I am
also including this measure in Article 402.
50 See EA at 83 -85.
sl As noted above, when two or three hydro units are operating, the range is
+0.1 foot for 99 percent of the year and ±0.3 foot for 1 percent of the year, and when
fewer than two hydro units are operating, it is ±0.3 foot. See EA at 268 -69.

Project No. 2619 -012 -21-
OTHER ISSUES
1. Review of License Application and Evidentiary Hearing
77. Donald Beam contends that Duke's application is flawed and should be denied,
but he does not identify or cite any specific flaws. During the license application review
process, staff did not find any flaws or deficiencies in the license application, nor any
inconsistencies with the statutory and regulatory requirements of the Commission.
78. Donald Beam also asserts that an evidentiary hearing is needed to consider
material issues of fact that have been omitted in the relicensing process, such as the
failure to disclose the existence of a private subdivision access road and a private road
easement. Donald Beam does not indicate the location of the private access road or
easement to which he refers, but based upon available information in Duke's
January 5, 2004 filing, staff assumes Donald Beam is referring to a portion of the
abandoned Peavine Railroad right -of -way for which Larry and Patsy Raby hold an
easement. Duke explained in its 2004 filing that in 1988, the Rabys purchased from
Duke's predecessor, Nantahala Power and Light Company, a private road easement along
the abandoned Peavine Railroad right -of -way, which the Rabys currently use to access
their property. In light of the information Duke has provided, there has been no failure to
disclose the existence of a private access road or easement.
79. Alliance similarly contends that an evidentiary hearing is required because there
are material issues of fact in dispute, such as the lack of response to a request for a trail
along the former railway bed (abandoned Peavine Railroad right -of -way) on the north
shore of Mission Reservoir. As discussed in this order, infra, staff addressed the need
for, and feasibility of, a non - motorized trail along the almost 12,000- foot -long abandoned
Peavine Railroad right -of -way and concluded that development of a 2,218- foot -long,
non - motorized trail would be appropriate.
80. Where, as here, a paper hearing provides a sufficient basis for resolving the
material issues of fact in a proceeding, a trial -type evidentiary hearing is not necessary. 52
2. Need for an Environmental Impact Statement
81. Donald Beam stated that the relicensing proceeding does not address the potential
cumulative impacts of a private subdivision access road and a private road easement
adjacent to Mission Reservoir. Donald Beam stated that additional studies in recreational
use, wildlife habitat, and all other environmental areas, which could be affected by
52 See Citizens for Allegan County v. FPC 414 F.2d 1125 (D.C. Cir. 1969).

Project No. 2619 -012
-22-
private use, as well as an environmental impact statement (EIS), are needed to address
this concern. The Alliance commented that the impacts of the Mission Project are
significant and an EIS is needed.
82. Neither commenter identified additional information or studies to be undertaken
beyond what is in the record. During the relicensing proceeding for the Mission Project,
the EA 53 noted Duke conducted studies, after consultation with the stakeholders, which
included, among other studies, water quality, wildlife habitat, and recreation use. Based
on the best available information, including the results of the studies, staff considered the
potential cumulative impacts on water quality, aquatic resources, riverine habitat, and
recreation resources associated with Duke's proposed action, including the continued
operation of the Mission Project, Nantahala Project No. 2692, and the Franklin Project
No. 2603 in combination with other activities on the affected river reaches. 54
83. The test for determining the need for an EIS is whether the action is a major
federal action significantly affecting the quality of the human environment .55 The test for
determining if the potential impacts are significant is twofold: 56
(1) the extent to which the action will cause adverse environmental
effects in excess of those created by existing uses in the area affected
by it; and
(2) the absolute, quantitative adverse environmental effects of the action
itself, including the cumulative harm that results from its contribution to
existing adverse conditions or uses in the affected area.
84. Staff found the effects of the Mission Project were not significant and would be
reduced through specific mitigation measures. The EA sets forth the basis for a staff
finding of no significant impact, and therefore, an EIS is not required. Furthermore, with
the conditions that are in the license, any unavoidable adverse effects would be reduced
below the threshold of significance.
53 See EA at 64, 124, and 176.
54 Id. at 33 -34, 70 -71, 121 -24, and 213.
55 42 U.S.C. § 4332(2)(c) (2006).
56 Hanly v. Kleindienst, 471 F.2d 823, 830 (2nd Cir. 1972).

Project No. 2619 -012
3. Project Boundary
-23-
85. North Carolina WRC and the Interior recommended Duke provide more precise
mapping for the existing Mission Project boundary. The Alliance commented that the
project boundary is not adequately defined. In the EA, staff found the Mission Project
boundary did not show the location of proposed project recreation facilities and
recommended Duke file revised Exhibit G drawings .57 Article 203 requires Duke to file
revised Exhibit G drawings.
86. North Carolina DENR recommended Duke expand the current project boundary to
include all Duke -owned lands around the Mission Reservoir and along the Hiwassee
River. In the EA,sg staff did not recommend adopting North Carolina DENR's
recommendation because the project boundary is meant to include only those lands
necessary for project operation and other project purposes. Duke has proposed a project
boundary that encompasses the lands necessary for the safe and efficient operation and
maintenance of the project, and other specified project purposes, such as the protection of
environmental and cultural resources, including project recreation facilities, at the
Mission Project.
ADMINISTRATIVE PROVISIONS
A. Annual Charges
87. The Commission collects annual charges from licensees for administration of the
FPA. Article 201 provides for the collection of funds for administration of the FPA.
B. Exhibit F and G drawings
88. The Commission requires licensees to file sets of approved project drawings on
microfilm and in electronic file format. Article 202 requires the filing of the approved
Exhibit F drawings in those formats.
89. The Exhibit G drawings filed with the license application and the revised Exhibit
G drawings, filed April 2, 2009, do not show the proposed project recreation facilities
within the project boundary. The Exhibit G drawings must show all approved project
features; therefore, I am not approving the project boundary drawings. Article 203
requires Duke to file revised Exhibit G drawings pursuant to §§ 4.39 and 4.41 of the
Commission's regulations.
57 See EA at 161.
58 Id. at 287.

Project No. 2619 -012 -24-
C. Use and Occupancy of Project Lands and Waters
90. Requiring a licensee to obtain prior Commission approval for every use or
occupancy of project land would be unduly burdensome. Therefore, Article 410 allows
the licensee to grant permission, without prior Commission approval, for the use and
occupancy of project lands for such minor activities as landscape planting. Such uses
must be consistent with the purposes of protecting and enhancing the scenic, recreational,
and environmental values of the project.
D. Repair of Generating Units
91. The Mission Project has three generating units, the 500 -kW generating unit No. 1,
500 -kW unit No. 2, and 800 -kW unit No. 3. Generating unit No. 1 has been inoperable
since 2005 due to bearing damage. Generating unit No. 2 has been inoperable since 2009
due to debris damage. By letter filed May 17, 2010, Duke proposes to complete
rehabilitation of these units by December 2012. Article 301 requires Duke to file, within
60 days of license issuance, a plan and schedule for repairing the inoperable units.
E. Review of Final Plans and Specifications
92. This license requires, in Article 405, that Duke construct new recreation facilities.
Article 302 requires the licensee to provide the Commission's Division of Dam Safety
and Inspection Atlanta Regional Office (D2SI -ARO) with final plans and specifications
for the recreation facilities.
STATE AND FEDERAL COMPREHENSIVE PLANS
93. Section 10(a)(2)(A) of the FPA'59 requires the Commission to consider the extent
to which a project is consistent with federal or state comprehensive plans for improving,
developing, or conserving a waterway or waterways affected by the project .60 Under
section 10(a)(2)(A), federal and state agencies filed 37 comprehensive plans that address
various resources in North Carolina. Of these, the staff identified and reviewed
10 comprehensive plans that are relevant to this project .61 No conflicts were found.
59 16 U.S.C. § 803(a)(2)(A) (2006).
60 Comprehensive plans for this purpose are defined at 18 C.F.R. § 2.19 (2011).
61 The list of applicable plans can be found in section IX of the EA for the project.
In addition to these comprehensive plans, staff reviewed the North Carolina Wildlife
Action Plan, dated December 2005, and found no conflicts.

Project No. 2619 -012
APPLICANT'S PLANS AND CAPABILITIES
-25-
94. In accordance with sections 10(a)(2)(C) and 15(a) of the FPA '62 Commission staff
evaluated Duke's record as a licensee with respect to the following: (1) conservation
efforts; (2) compliance history and ability to comply with the new license; (3) safe
management, operation, and maintenance of the project; (4) ability to provide efficient
and reliable electric service; (5) need for power; (6) transmission services; (7) cost
effectiveness of plans; and (8) actions affecting the public. I accept the staffs findings in
each of the following areas.
A. Conservation Efforts
95. Section 10(a)(2)(C) of the FPA requires the Commission to consider the extent of
electricity consumption efficiency improvement programs in the case of license
applicants primarily engaged in the generation or sale of electric power, like Duke. Duke
has provided conservation services for its electricity customers since 1971. Duke has
several programs to promote conservation and energy efficiency for residential,
commercial, industrial, and agricultural customers, including: (1) making available
special electric rates to customers who modify or build their homes to meet insulation and
other energy conservation requirements and to large industrial customers that shift usage
from peak times; (2) providing the public with energy saving tips through local
advertisements; (3) making available an online energy audit suitable for individual
residences or small business; and (4) providing on -site energy needs assessments along
with recommendations on how to solve energy - related problems for larger businesses.
These programs show that Duke is making an effort to conserve electricity and has made
a satisfactory good faith effort to comply with section 10(a)(2)(C) of the FPA.
B. Compliance History and Ability to Comply with the New License
96. Based on a review of Duke's compliance with the terms and conditions of the
existing license, staff finds Duke's overall record of making timely filings and
compliance with its license is satisfactory. Therefore, staff believes Duke can satisfy the
conditions of a new license.
C. Safe Management, Operation, and Maintenance of the Project
97. Staff has reviewed Duke's management, operation, and maintenance of the
Mission Project pursuant to the requirements of 18 C.F.R. Part 12 and the Commission's
Engineering Guidelines. Staff concludes that the dam and other project works meet the
Commission's Engineering Guidelines and criteria, and that there is no reason to believe
6216 U.S.C. §§ 803(a)(2)(C) and 808(a) (2006).

Project No. 2619 -012 -26-
that Duke cannot continue to safely manage, operate, and maintain these facilities under a
new license.
D. Ability to Provide Efficient and Reliable Electric Service
98. Staff has reviewed Duke's plans and its ability to operate and maintain the project
in a manner most likely to provide efficient and reliable electric service. Duke has been
operating the project within the constraints of the existing license and has proposed a
reasonable time schedule to refurbish and repair the inoperable generating units. Staff
concludes that Duke is capable of operating the project to provide efficient and reliable
electric service in the future.
E. Need for Power
99. To assess the need for power, we looked at the needs in the operating region in
which the project is located. The Mission Project is located within the Virginia- Carolinas
area of the Southeastern Electric Reliability Council (SERC) region, which includes
Virginia, North Carolina, and South Carolina. SERC expects capacity resources will be
sufficient to provide adequate and reliable service for forecast demands. The capacity
resource margin for 2005 was 13.8 percent. The forecast average annual demand growth
rate was 2.0 percent. The 2005 summer total internal demand forecast was 161,811 MW,
and the forecast for 2013 is 191,459 MW. Within the Virginia- Carolinas region, the
forecast 2005 summer peak demand was 56,069 MW, and the 2013 summer peak
demand is forecast to be 65,831, an average growth rate of 2.1 percent. SERC anticipates
that capacity, in addition to the currently planned capacity, will be needed to maintain
reliability. The Mission Project, as licensed, will continue to provide about 1.8 MW of
this demand. Staff concludes that the project's power, low cost, and contribution to the
region's diversified generation mix will help meet a need for power in the region.
F. Transmission Services
100. Electric power generated from the powerhouse connects to the grid at the adjacent
non - project sub - station. No changes are recommended or proposed that would affect its
own or other transmission services for continued delivery of electric power to the region.
G. Cost Effectiveness of Plans
101. Duke plans to make a number of facility and operational modifications to both
improve project generating capability and enhance environmental resources affected by
the project. Based on Duke's record as an existing licensee, staff concludes that these
proposals are likely to be carried out in a cost - effective manner.

Project No. 2619 -012 -27-
H. Actions Affecting the Public
102. Duke provided extensive opportunity for public involvement in the development
of its application for a new license for the Mission Project. The Mission Project
generates electricity that is used to service Duke's customers. Duke pays taxes to local
and state governments. There is no reason to doubt that Duke will implement the various
environmental enhancement measures approved in this license. These measures
discussed in this order and in the EA, as well as the power to be generated by the project,
will benefit the public.
PROJECT ECONOMICS
103. In determining whether to issue a new license for an existing hydroelectric project,
the Commission considers a number of public interest factors, including the economic
benefits of project power. Under the Commission's approach to evaluating the
economics of hydropower projects, as articulated in Mead Corp.,63 the Commission uses
current costs to compare the costs of the project and likely alternative power with no
forecasts concerning potential future inflation, escalation, or deflation beyond the license
issuance date. The basic purpose of the Commission's economic analysis is to provide a
general estimate of the potential power benefits and the costs of a project, and of
reasonable alternatives to project power. The estimate helps to support an informed
decision concerning what is in the public interest with respect to a proposed license.
104. In applying this analysis to the Mission Project, Commission staff has considered
two options: Duke's proposal and the project as licensed herein. As proposed by Duke,
the levelized annual cost of operating the Mission Project is $337,740, or $42.21 per
MWh. The proposed project would generate an estimated average of 8,002 MWh of
energy annually. When the estimate of average generation is multiplied by the alternative
power cost of $40.77 per MWh ,64 the result is a total value of the project's power of
$326,240 in 2005 dollars. To determine whether the proposed project is economically
beneficial, staff subtracts the project's cost from the value of the project's power. 65
Therefore, in the first year of operation, the project would cost $11,490, or $1.44 per
MWh, more than the likely alternative cost of power.
63 72 FERC ¶ 61,027 (1995).
64 The alternative power cost of $40.77 per MWh is based on information obtained
from Duke.
65 Details of staffs economic analysis for the project, as licensed herein, and for
various alternatives are included in the EA at 245 -51.

Project No. 2619 -012 -28-
105. As licensed herein with the mandatory conditions and staff measures, the levelized
annual cost of operating the project would be about $338,950 ($42.36/MWh). Average
annual generation and the value of the project power would be similar to Duke's
proposal. Subtracting the project's cost from the value of power in the first year of
operation the project would cost $12,710 ($1.59 /MWh) more than the likely alternative
cost of power.
106. In considering public interest factors, the Commission takes into account that
hydroelectric projects offer unique operational benefits to the electric utility system
(ancillary service benefits). These benefits include their ability to help maintain the
stability of a power system, such as by quickly adjusting power output to respond to rapid
changes in system load; and to respond rapidly to a major utility system or regional
blackout by providing a source of power to help restart fossil -fuel based generating
stations and put them back on line.
107. Although the analysis shows that the project as licensed herein would cost more to
operate than the estimated cost of alternative power, it is the applicant who must decide
whether to accept this license and any financial risk that entails.
108. Although staff does not explicitly account for the effects inflation may have on the
future cost of electricity, the fact that hydropower generation is relatively insensitive to
inflation compared to fossil fueled generators is an important economic consideration for
power producers and the consumers they serve. This is one reason project economics is
only one of the many public interest factors the Commission considers in determining
whether or not, and under what conditions, to issue a license.
COMPREHENSIVE DEVELOPMENT
109. Sections 4(e) and 10(a)(1) of the FPA66 require the Commission to give equal
consideration to the power development purposes and to the purposes of energy
conservation, the protection, mitigation of damage to, and enhancement of fish and
wildlife, the protection of recreational opportunities, and the preservation of other aspects
of environmental quality. Any license issued shall be such as in the Commission's
judgment will be best adapted to a comprehensive plan for improving or developing a
waterway or waterways for all beneficial public uses. The decision to issue a new license
for this project, and the terms and conditions included herein, reflects such consideration.
110. The EA for the Mission Project contains background information, analysis of
effects, and support for related license articles. I conclude based on the record of this
proceeding, including the EA and the comments thereon, that licensing the Mission
6616 U.S.C. §§ 797(e) and 803(a)(1) (2006).

Project No. 2619 -012 -29-
Project as described in this order would not constitute a major federal action significantly
affecting the quality of the human environment. The project will be safe if operated and
maintained in accordance with the requirements of this license.
111. Based on an independent review and evaluation of the project, recommendations
from the resource agencies and other stakeholders, and the no- action alternative, as
documented in the EA, I find that issuance of a new license for the Mission Project, with
the conditions attached hereto, will serve the public interest because it is best adapted to
the comprehensive development of the Hiwassee River.
112. I selected this alternative because: (1) issuance of a new license will serve to
maintain a beneficial, dependable, and an inexpensive source of electric energy; (2) the
required environmental measures will protect and enhance fish and wildlife resources,
water quality, recreation resources, and historic properties; and (3) the 1.8 MW of electric
capacity comes from renewable resources, which does not contribute to pollution.
LICENSE TERM
113. Section 15(e) of the FPA 67 provides that any new license issued shall be for a term
that the Commission determines to be in the public interest, but not less that 30 years or
more than 50 years. The Commission's general policy is to establish 30 -year terms for
projects with little or no redevelopment, new construction, new capacity, or
environmental mitigation and enhancement measures; 40 -year terms for projects with a
moderate amount of such activities; and 50 -year terms for projects with extensive
measures. 68 This license authorizes a minor amount of construction, no new capacity,
and only a minor amount of new environmental mitigation and enhancement measures.
Accordingly, I will issue this license for a term of 30 years.
The Director orders:
(A) This license is issued to Duke Energy Carolinas, LLC (licensee), for a
period of 30 years, effective the first day of the month in which this order is issued, to
construct, operate, and maintain the Mission Hydroelectric Project. This license is
subject to the terms and conditions of the Federal Power Act (FPA), which is
incorporated by reference as part of this license, and subject to the regulations the
Commission issues under the provisions of the FPA.
6716 U.S.C. § 808(e) (2006)
68 See Consumers Power Co., 68 FERC ¶ 61,077 at 61,383 -84 (1994).

Project No. 2619 -012 -30-
(B) The project consists of:
(1) All lands, to the extent of the licensee's interests in these lands, described
in the project description and the project boundary discussion of this order.
(2) Project works which include: (1) a 397 - foot -long, 50- foot -high concrete
dam, which includes beginning at the left abutment (a) a 66- foot -long non - overflow
concrete gravity section, (b) a 126- foot -long gated spillway section with seven bays and
Tainter gates, (c) a 72- foot -long non - overflow concrete gravity section, (d) a 54- foot -long
intake section with three intake bays, and (e) a 79- foot -long non - overflow concrete
gravity section; (2) a 47 -acre reservoir (Mission Reservoir) at full pond elevation
1,658.17 feet mean sea level; (3) three 56- foot -long concrete penstocks; (4) a powerhouse
containing three turbine /generating units, the 500- kilowatt (kW) generating unit No. 1,
the 500 -kW generating unit No. 2, and the 800 -kW generating unit No. 3, with a total
installed capacity of 1.8 megawatts; and (5) appurtenant facilities.
The project works generally described above are more specifically shown and
described by those portions of Exhibits A and F shown below:
Exhibit A: The following sections of Exhibit A filed on July 22, 2003 and further
clarified on January 7, 2004 and May 27, 2004: Exhibit A — Description of
Project, page Al -1 through Al -9.
Exhibit F: The following sections of Exhibit F filed on July 22, 2003:
Exhibit F-
FERC
Drawing
No. 2619-
Sheet F -1
1001
Sheet F -2
1002
Sheet F -3
1003
Sheet F -4
1004
Description
Dam Plan & Elevation
Dam Sections
Powerhouse and Intake Plan
Powerhouse and Intake Cross Section
(3) All of the structures, fixtures, equipment or facilities used to operate or
maintain the project, all portable property that may be employed in connection with the
project, and all riparian or other rights that are necessary or appropriate in the operation
or maintenance of the project.
(C) The Exhibits A and F described above are approved and made part of this
license. The Exhibit G drawings filed as part of the application for license do not
conform to Commission regulations and are not approved. The Exhibit G drawings do
not show the project recreation facilities within the project boundary. The normal full
pond elevation for the Mission Reservoir is identified as 1,658.4 feet mean sea level (msl)
in Exhibit G, while other records indicate that the normal full pond elevation is 1,658.17

Project No. 2619 -012
feet msl.
-31-
(D) This license is subject to the conditions submitted by the North Carolina
Department of Environmental and Natural Resources, Division of Water Quality under
section 401(a)(1) of the Clean Water Act, 33 U.S.C. § 1341(a)(1)(2006), as those
conditions are set forth in Appendix A to this order.
(E) The Historic Properties Management Plan, Mission Hydroelectric Project
No. 2619, filed by the licensee on August 7, 2006, is approved and made a part of this
license. Article 407 requires implementation of the Programmatic Agreement and the
plan.
(F) This license is also subject to the articles set forth in Form L -10
(October 1975), entitled "Terms and Conditions of License for Constructed Major Project
Affecting the Interests of Interstate or Foreign Commerce" (see 54 FPC 1799 et seq.), as
reproduced at the end of this order, and the following additional articles:
Article 201. Administrative Annual Charges. The licensee shall pay the United
States annual charges, effective the first day of the month in which this license is issued,
and as determined in accordance with the provisions of the Commission's regulations in
effect from time to time, for the purposes of reimbursing the United States for the cost of
administration of Part I of the Federal Power Act. The authorized installed capacity for
that purpose is 1.8 megawatts.
Article 202. Exhibit E Drawings. Within 45 days of the license issuance, the
licensee shall file the approved Exhibit F drawings in aperture card and electronic file
formats.
(a) Three sets of the approved exhibit drawings shall be reproduced on silver or
gelatin 35mm microfilm. All microfilm shall be mounted on type D (3 -1/4" X 7 -3/8 ")
aperture cards. Prior to microfilming, the FERC Project- Drawing Number (i.e., P -2619-
1001 through P- 2619 -1004) shall be shown in the margin below the title block of the
approved drawing. After mounting, the FERC Drawing Number shall be typed on the
upper right corner of each aperture card. Additionally, the Project Number, FERC
Exhibit (i.e., F -1, etc.), Drawing Title, and date of this license shall be typed on the upper
left corner of each aperture card.
Two of the sets of aperture cards shall be filed with the Secretary of the
Commission, ATTN: OEP /DHAC. The third set shall be filed with the Commission's
Division of Dam Safety and Inspections Atlanta Regional Office.
(b) The licensee shall file two separate sets of exhibit drawings in electronic
raster format with the Secretary of the Commission, ATTN: OEP /DHAC. A third set

Project No. 2619 -012 -32-
shall be filed with the Commission's Division of Dam Safety and Inspections Atlanta
Regional Office. Exhibit F drawings must be identified as Critical Energy Infrastructure
Information (CEII) material under 18 C.F.R. § 388.113(c). Each drawing must be a
separate electronic file, and the file name shall include: FERC Project- Drawing Number,
FERC Exhibit, Drawing Title, date of this license, and file extension in the following
format [P- 2619 -1001, F -1, Description, MM- DD- YYYY.TIF]. Electronic drawings shall
meet the following format specification:
IMAGERY — black & white raster file
FILE TYPE — Tagged Image File Format, (TIFF) CCITT Group 4
RESOLUTION — 300 dpi desired, (200 dpi min)
DRAWING SIZE FORMAT — 24" X 36" (min), 28" X 40" (max)
FILE SIZE — less than 1 MB desired
Article 203. Exhibit G Drawings. Within 90 days of license issuance, the licensee
shall file, for Commission approval, revised Exhibit G drawings enclosing within the
project boundary all principal project works necessary for operation and maintenance of
the project, including the proposed project recreation facilities. The Exhibit G drawings
must comply with sections 4.39 and 4.41 of the Commission's regulations.
Article 301. Inoperable Generating Unit(s). Within 60 days of license issuance,
the licensee shall file for Commission approval, a plan and schedule for repairing the
inoperable generating units. The units shall be made operable and begin generating no
later than December 31, 2012, as specified in the licensee's May 17, 2010 filing with the
Commission.
Article 302. Commission's Review of Contract Plans and Specifications. At least
60 days prior to the start of construction of recreation facilities, the licensee shall submit
one copy of its plans and specifications to the Commission's Division of Dam Safety and
Inspections (D2SI)- Atlanta Regional Engineer, and two copies to the Commission (one
of these shall be a courtesy copy to the Director, D2SI). The submittal must also include
a Soil Erosion and Sediment Control Plan. The licensee may not begin any land -
disturbing activities until the D2SI- Atlanta Regional Engineer has reviewed and
commented on the plans and specifications, determined that all preconstruction
requirements have been satisfied, and authorized the start of construction.

Project No. 2619 -012
Article 401. Commission Approval, Notification, and Filing of Amendments.
(a) Requirement to File Plans
-33-
Two conditions of the North Carolina Department of Environment and Natural
Resources, Division of Water Quality (North Carolina DWQ) water quality certification
(Appendix A to this order) require the licensee to implement plans that have not yet been
developed prior to Commission approval. This license requires these plans to be
developed and filed with the Commission, for approval, prior to implementation. These
plans are listed below.
North
Carolina
DWQ
Condition No.
Addendum /Appendix
(Section)
Description
Due Date
Nantahala Area Run -of -River
Projects Sediment Study Plan
Within 120 days
Addendum No. 3
September Median
prior to
7
(Long -Term Sediment
Flow Post - License
conducting
Management Plan Development:
Study Plan
study
Section 3; Sediment Management
Plan Components)
Within 180 days
Nantahala Area Run -of -River
Long -Term
of completing
7
Projects Sediment Study Plan
Sediment
the Nantahala
Addendum No. 3
Management Plan
Area Run -of-
River Projects
Sediment Study
Plan
(b) Requirement to File Reports and Notifications
Conditions 6, 7, and 8, respectively, of the certification (Appendix A to this order)
require the licensee to prepare reports documenting the results of various studies and
surveys, and to notify the North Carolina DWQ of the occurrence of certain events
without filing the reports and notifications with the Commission. Each such submittal
shall also be filed with the Commission. These are listed below.

Project No. 2619 -012
-34-
North
Carolina
DWQ
Addendum /Appendix
Description
Due Date
Condition
(Section)
No.
Lake Level and Flow
Notification of
Management Plan
meeting to determine
After five full
6
Addendum No. 1
if operational
calendar years of
(Compliance Monitoring and
changes are needed
operation
Reporting: `Reporting')
to the plan
Nantahala Area Run -of -River
Reporting of project
Projects Maintenance and
operations with
8
Emergency Protocol
fewer than two hydro
Within 30 days of
Appendix to Addendum No. 1
units for more than
occurrence
(Key Facts and Definitions:
60 consecutive days
'Returning to Normal'
Reporting of
Lake Level and Flow
deviations to
Within 30 days of
7
Management Plan
discharge and lake
occurrence
Addendum No. 1
level fluctuations that
vary from the plan
Nantahala Area Run -of -River
Projects Sediment Study Plan
Addendum No. 3
September Median
Within 60 days of
7
(Long -Term Sediment
Flow Report
completion
Management Plan Development:
Section 3; Sediment Management
Plan Components)
Nantahala Area Run -of -River
Projects Maintenance and
Notification when
8
Emergency Protocol
temporary or
Within 10 days
Addendum No. 1
extended access area
after an event
(Abnormal Situations: A.1; A.2;
closure events occur
C; D; E.1; E.2; and F)
The licensee shall file with the Commission documentation of consultation, and
copies of comments and recommendations made by a consulted entity in connection with
each report.
(c) Requirement to File Amendment Applications
Conditions 6 and 8 of the certification (Appendix A to this order) contemplate

Project No. 2619 -012
-35-
unspecified, long -term changes to the Nantahala Area Run -of -River Projects
Maintenance and Emergency Protocol (Maintenance and Emergency Protocol) and the
Lake Level and Flow Management Plan, but do not include notification of these changes
or a timeframe for revisions. Changes to the Maintenance and Emergency Protocol and
the Lake Level and Flow Management Plan shall not be implemented until Commission
approval, after the filing of an application to amend the license.
Article 402. Run -of River Operation and Monitoring Project Operations. To
protect aquatic resources in the Hiwassee River, the licensee shall operate the Mission
Hydroelectric Project in run -of -river mode, where instantaneous outflows approximate
instantaneous inflows to the project. The licensee shall maintain the level of the Mission
Reservoir in accordance with Addendum No. 1 (Lake Level and Flow Management Plan)
of the water quality certification issued by the North Carolina Department of Natural
Resources, Division of Water Quality (North Carolina DWQ) on July 30, 2010. The
addendum includes specific targets for the headpond elevation during normal and
emergency operations, and procedures for monitoring the headpond elevation. This shall
include, but not be limited to, maintaining the Mission Reservoir: (1) within +0.3 foot of
normal target elevation (1,657.67 feet mean sea level) when fewer than two hydro units
are operating and (2) within +0.1 foot of the normal target elevation for 99 percent of the
year, and within +0.3 foot of the normal target elevation for the remaining 1 percent of
the year when two or more hydro units are operable.
To protect aquatic resources downstream of the project, the licensee shall release a
minimum flow to the project tailrace in accordance with the Appendix to Addendum
No. 1 ( Nantahala Area Run -of -River Projects Maintenance and Emergency Protocol) of
the water quality certification. This shall include, but not be limited to, providing a
341 cubic feet per second minimum flow (the September median flow), or inflow if less,
to the Mission Project tailrace during emergency, equipment failure, maintenance,
headpond drawdown, or other abnormal situations. The flow shall be provided through
the project turbines, Tainter gates, or both.
Run -of -river operation, headpond surface elevations, and the minimum flow may
be temporarily modified if required by conditions beyond the control of the licensee, or
for short periods upon mutual agreement with the North Carolina DWQ. If project
operations are so modified, the licensee shall notify the Commission as soon as possible,
but not later than 48 hours after each such incident, and shall provide a reason for the
change in project operations.
Article 403. Wood Duck Nesting Box Plan. Within 1 year of license issuance, the
licensee shall file with the Commission for approval, a Wood Duck Nesting Box Plan for
the Mission Hydroelectric Project. The plan shall include, but not be limited to, the
number of proposed boxes and installation sites and an annual maintenance schedule.
The number of wood duck nesting boxes and the installation sites shall be determined

Project No. 2619 -012 -36-
after consultation with the North Carolina Wildlife Resources Commission (North
Carolina WRC) and the U.S. Fish and Wildlife Service (FWS). The licensee shall submit
an annual report documenting the condition and usage of the nesting boxes by wood
ducks to the North Carolina WRC and the FWS and file the annual report with the
Commission by December 31 of each year. Any replacement or relocation of the nesting
boxes shall be noted in the annual report along with documentation of consultation on
nesting box relocation.
The licensee shall include with the plan documentation of consultation, copies of
recommendations on the completed plan after it has been prepared and provided to the
entities above, and specific descriptions of how the entities' comments are
accommodated by the plan. The licensee shall allow a minimum of 30 days for the
entities to comment and to make recommendations before filing the plan with the
Commission. If the licensee does not adopt a recommendation, the filing shall include
the licensee's reasons, based on project- specific reasons.
The Commission reserves the right to require changes to the plan. Implementation
of the plan shall not begin until the licensee is notified by the Commission that the plan is
approved. Upon Commission approval the licensee shall implement the plan, including
any changes required by the Commission.
Article 404. Reservation of Authority to Prescribe Fishways. Authority is
reserved to the Commission to require the licensee to construct, operate, and maintain, or
to provide for the construction, operation, and maintenance of such fishways as may be
prescribed by the Secretary of the Interior pursuant to section 18 of the Federal Power
Act.
Article 405. Recreation Plan. Within 1 year of license issuance, the licensee shall
file with the Commission for approval, a Recreation Plan for the Mission Hydroelectric
Project. The Recreation Plan shall include the provisions proposed by the licensee in its
July 22, 2003 license application, including, but not be limited to:
(1) A description of (a) a canoe portage, including its length, around Mission
dam; (b) a boat ramp downstream of the dam with a parking area for 4 to 6 vehicles, and
for 4 to 6 vehicles with trailers; and (c) a 2,218- foot -long, non - motorized trail on
licensee -owned land along the abandoned Peavine Railroad right -of -way on the north
shore of the Mission Reservoir, extending from the Mission Project powerhouse to the
Carroll Lake outfall; (2) a schedule for construction of the canoe portage, the boat ramp
downstream of the dam with parking, and the 2,218- foot -long, non - motorized trail; (3) a
description of soil erosion and sediment control measures to be used where ground -
disturbing activities are proposed; (4) a provision for trash removal from the project
recreation facilities; (5) a discussion of how the needs of the disabled were considered in
the planning and design of the recreation facilities; (6) a provision for installation of a

Project No. 2619 -012
-37-
sign or signs at the recreation facilities pursuant to the Commission's regulations at 18
C.F.R. section 8.2; (7) a schedule for construction of the project recreation facilities; and
(8) a provision for continued operation and maintenance of all project recreation
facilities. The plan shall include appropriate site drawings, specifications, and a map or
maps showing the type of recreation facilities and their location in relation to the project
boundary.
The Recreation Plan shall be developed after consultation with the U.S. Fish and
Wildlife Service, the North Carolina Wildlife Resources Commission, and the North
Carolina Division of Parks and Recreation. The licensee shall include with the plan
documentation of consultation, copies of recommendations on the completed plan after it
has been prepared and provided to the entities above, and specific descriptions of how the
entities' comments are accommodated by the plan. The licensee shall allow a minimum
of 30 days for the entities to comment and to make recommendations prior to filing the
plan with the Commission. If the licensee does not adopt a recommendation, the filing
shall include the licensee's reasons, based on project- specific reasons.
The Commission reserves the right to require changes to the plan. Land -
disturbing or land - clearing activities associated with the Recreation Plan shall not begin
until the licensee is notified by the Commission that the plan is approved. Upon
Commission approval the licensee shall implement the plan, including any changes
required by the Commission.
Article 406. Shoreline Management Plan. Within 1 year of license issuance, the
licensee shall file with the Commission for approval a Shoreline Management Plan for
the Mission Hydroelectric project to protect the scenic quality and environmental
resources at the project. The plan shall incorporate the Shoreline Management
Guidelines filed on July 22, 2003, Mission Hydroelectric Project License Application,
Volume I, Appendix 3 that specifically pertain to the Mission Hydroelectric Project.
The Shoreline Management Plan shall include, but not be limited to, the following
items: (1) a list of land use management objectives and goals; (2) a list and description of
the types of land use classifications, to include at a minimum: (a) private; (b) public
recreation access; (c) environmentally sensitive areas; and (d) commercial; (3) a map or
maps that clearly identifies the Mission Project boundary and the above land use
classifications; (4) a description of the basis for the various land use classifications,
including supporting documentation; (5) a description of allowable and prohibited uses
for each of the above land use classifications; (6) a permitting program for allowable
facilities and /or uses of the shoreline, including permit application procedures,
monitoring, and enforcement provisions; (7) a provision for informing the public of the
licensee's procedures for issuance of a permit and /or lease, including the application
process; and (8) a provision to review, every 10 years, the adequacy of the Shoreline
Management Plan to meet its stated goals and the need for any modifications to the plan.

Project No. 2619 -012 -38-
The Shoreline Management Plan shall be developed after consultation with the
U.S. Fish and Wildlife Service, the North Carolina Wildlife Resources Commission, and
the North Carolina State Historic Preservation Office. The licensee shall include with the
plan documentation of consultation, copies of recommendations on the completed plan
after it has been prepared and provided to the entities above, and specific descriptions of
how the entities' comments are accommodated by the plan. The licensee shall allow a
minimum of 30 days for the entities to comment and to make recommendations before
filing the plan with the Commission. If the licensee does not adopt a recommendation,
the filing shall include the licensee's reasons, based on project- specific reasons.
The Commission reserves the right to require changes to the plan. Implementation
of the plan shall not begin until the licensee is notified by the Commission that the plan is
approved. Upon Commission approval the licensee shall implement the plan, including
any changes required by the Commission.
Article 407. Programmatic Agreement. The licensee shall implement the "Final
Programmatic Agreement Among the Federal Energy Regulatory Commission and the
North Carolina State Historic Preservation Officer for Managing Historic Properties that
may be Affected by a License Issuing to Duke Power Company, LLC for the Continued
Operation and Maintenance of the Mission Hydroelectric Project in Clay County, North
Carolina," executed on June 14, 2006, and including but not limited to the approved
Historic Properties Management Plan (HPMP), filed August 7, 2006, for the project. In
the event that the Programmatic Agreement is terminated, the licensee shall continue to
implement the provisions of its approved HPMP. The Commission reserves the authority
to require changes to the HPMP at any time during the term of the license.
Article 408. Pilot Study Plan. As required by Condition 6 and 7 of the section
401 Water Quality Certification, Addendum No. 3, the Nantahala Area Run -of -River
Projects Sediment Study Plan, in the Sediment Removal Pilot Study section, issued by
the North Carolina Department of Water Quality, for the Mission Hydroelectric Project,
the licensee shall develop and implement a Pilot Study Plan to avoid environmental
effects on downstream resources. The licensee shall file the plan at least 180 days prior
to the first normal sediment removal operation conducted as the Pilot Study at the
Mission Project.
The Pilot Study Plan shall include, but not be limited to: (1) provisions for
dredging that shall include measures to minimize the effect of project drawdown and
sediment removal activities on environmental resources at the Mission Reservoir;
(2) provisions for specific monitoring methods, locations, and frequencies to evaluate
water quality, including inflow turbidity or suspended solids, and downstream effects on
sensitive aquatic habitats within and downstream from the Mission Reservoir;
(3) provisions for best management practices for removal and disposal of sediment from
the Mission Reservoir; (4) a schedule for filing the Pilot Study report, as well as a

Project No. 2619 -012 -39-
schedule for future sediment removal, including project maintenance; and (5) provisions
to review, once the Pilot Study is completed, the applicability of the Pilot Study results to
the Nantahala Area Run -of -River Projects Sediment Study Plan.
The Pilot Study Plan shall be developed after consultation with the U.S. Fish and
Wildlife Service, the North Carolina Wildlife Resources Commission, the North Carolina
Department of Environment and Natural Resources, the North Carolina Division of
Water Quality, and the North Carolina Division of Water Resources. The licensee shall
include with the plan documentation of consultation, copies of recommendations on the
completed plan after it has been prepared and provided to the entities above, and specific
descriptions of how the entities' comments are accommodated by the plan. The licensee
shall allow a minimum of 30 days for the entities to comment and to make
recommendations before filing the plan with the Commission. If the licensee does not
adopt a recommendation, the filing shall include the licensee's reasons, based on project -
specific reasons.
The Commission reserves the right to require changes to the plan. Implementation
of the plan shall not begin until the licensee is notified by the Commission that the plan is
approved. Upon Commission approval the licensee shall implement the plan, including
any changes required by the Commission.
Article 409. Reservoir Drawdown Plan. As required by Condition 8 of the
section 401 Water Quality Certification, included as an Appendix to Addendum No. 1,
the Nantahala Area Run -of -River Projects Maintenance and Emergency Protocol,
specifically in the: (a) Abnormal Situation Subsection A.1 — Scheduled Hydro Unit
Maintenance, (b) Abnormal Situation Subsection B.1 — Scheduled Maintenance of the
Normal Means of Providing Minimum Flows, and (c) Abnormal Situation, Subsection
E.1 — Schedule Reservoir Drawdown, issued by the North Carolina Department of Water
Quality for the Mission Hydroelectric Project, the licensee shall develop and implement a
Reservoir Drawdown Plan to avoid environmental effects on downstream resources. The
licensee shall file the plan at least 180 days prior to any planned drawdown.
The Reservoir Drawdown Plan shall include, but not be limited to: (1) a
description of measures implemented to reduce any effects of a project drawdown on the
Mission Reservoir; (2) a description of timing for any planned and scheduled drawdowns
occurring for maintenance and inspections to avoid environmental effects on sensitive
aquatic habitats within and downstream from the Mission Reservoir; (3) a report to the
agencies of any drawdown and /or refill event, including specific provisions to ensure the
minimum flow of 341 cubic feet per second (September median flow) is maintained
during scheduled drawdown and refill periods; and (4) agency notification of scheduled
outages prior to drawdown and refill periods.
The Reservoir Drawdown Plan shall be developed after consultation with the U.S.

Project No. 2619 -012 -40-
Fish and Wildlife Service, the North Carolina Wildlife Resources Commission, the North
Carolina Department of Environment and Natural Resources, the North Carolina Division
of Water Quality, and the North Carolina Division of Water Resources. The licensee
shall include with the plan documentation of consultation, copies of recommendations on
the completed plan after it has been prepared and provided to the entities above, and
specific descriptions of how the entities' comments are accommodated by the plan. The
licensee shall allow a minimum of 30 days for the entities to comment and to make
recommendations before filing the plan with the Commission. If the licensee does not
adopt a recommendation, the filing shall include the licensee's reasons, based on project -
specific reasons.
The Commission reserves the right to require changes to the plan. Implementation
of the plan shall not begin until the licensee is notified by the Commission that the plan is
approved. Upon Commission approval the licensee shall implement the plan, including
any changes required by the Commission.
Article 410. Use and Occupancy. (a) In accordance with the provisions of this
article, the licensee shall have the authority to grant permission for certain types of use
and occupancy of project lands and waters and to convey certain interests in project lands
and waters for certain types of use and occupancy, without prior Commission approval.
The licensee may exercise the authority only if the proposed use and occupancy is
consistent with the purposes of protecting and enhancing the scenic, recreational, and
other environmental values of the project. For those purposes, the licensee shall also
have continuing responsibility to supervise and control the use and occupancies, for
which it grants permission, and to monitor the use of, and ensure compliance with the
covenants of the instrument of conveyance for, any interests that it has conveyed, under
this article. If a permitted use and occupancy violates any condition of this article or any
other condition imposed by the licensee for protection and enhancement of the project's
scenic, recreational, or other environmental values, or if a covenant of a conveyance
made under the authority of this article is violated, the licensee shall take any lawful
action necessary to correct the violation. For a permitted use or occupancy, that action
includes, if necessary, canceling the permission to use and occupy the project lands and
waters and requiring the removal of any non - complying structures and facilities.
(b) The type of use and occupancy of project lands and waters for which the
licensee may grant permission without prior Commission approval are: (1) landscape
plantings; (2) non - commercial piers, landings, boat docks, or similar structures and
facilities that can accommodate no more than 10 water craft at a time and where said
facility is intended to serve single - family type dwellings; (3) embankments, bulkheads,
retaining walls, or similar structures for erosion control to protect the existing shoreline;
and (4) food plots and other wildlife enhancement. To the extent feasible and desirable to
protect and enhance the project's scenic, recreational, and other environmental values, the
licensee shall require multiple use and occupancy of facilities for access to project lands

Project No. 2619 -012
-41-
or waters. The licensee shall also ensure, to the satisfaction of the Commission's
authorized representative, that the use and occupancies for which it grants permission are
maintained in good repair and comply with applicable state and local health and safety
requirements. Before granting permission for construction of bulkheads or retaining
walls, the licensee shall: (1) inspect the site of the proposed construction, (2) consider
whether the planting of vegetation or the use of riprap would be adequate to control
erosion at the site, and (3) determine that the proposed construction is needed and would
not change the basic contour of the reservoir shoreline. To implement this paragraph (b),
the licensee may, among other things, establish a program for issuing permits for the
specified types of use and occupancy of project lands and waters, which may be subject
to the payment of a reasonable fee to cover the licensee's costs of administering the
permit program. The Commission reserves the right to require the licensee to file a
description of its standards, guidelines, and procedures for implementing this paragraph
(b) and to require modification of those standards, guidelines, or procedures.
(c) The licensee may convey easements or rights -of -way across, or leases of
project lands for: (1) replacement, expansion, realignment, or maintenance of bridges or
roads where all necessary state and federal approvals have been obtained; (2) storm
drains and water mains; (3) sewers that do not discharge into project waters; (4) minor
access roads; (5) telephone, gas, and electric utility distribution lines; (6) non - project
overhead electric transmission lines that do not require erection of support structures
within the project boundary; (7) submarine, overhead, or underground major telephone
distribution cables or major electric distribution lines (69 -kV or less); and (8) water
intake or pumping facilities that do not extract more than one million gallons per day
from a project reservoir. No later than January 31 of each year, the licensee shall file
three copies of a report briefly describing for each conveyance made under this paragraph
(c) during the prior calendar year, the type of interest conveyed, the location of the lands
subject to the conveyance, and the nature of the use for which the interest was conveyed.
(d) The licensee may convey fee title to, easements or rights -of -way across, or
leases of project lands for: (1) construction of new bridges or roads for which all
necessary state and federal approvals have been obtained; (2) sewer or effluent lines that
discharge into project waters, for which all necessary federal and state water quality
certification or permits have been obtained; (3) other pipelines that cross project lands or
waters but do not discharge into project waters; (4) non - project overhead electric
transmission lines that require erection of support structures within the project boundary,
for which all necessary federal and state approvals have been obtained; (5) private or
public marinas that can accommodate no more than 10 water craft at a time and are
located at least one -half mile (measured over project waters) from any other private or
public marina; (6) recreational development consistent with an approved Exhibit R or
approved report on recreational resources of an Exhibit E; and (7) other uses, if. (i) the
amount of land conveyed for a particular use is five acres or less; (ii) all of the land
conveyed is located at least 75 feet, measured horizontally, from project waters at normal

Project No. 2619 -012 -42-
surface elevation; and (iii) no more than 50 total acres of project lands for each project
development are conveyed under this clause (d)(7) in any calendar year. At least 60 days
before conveying any interest in project lands under this paragraph (d), the licensee must
submit a letter to the Director, Office of Energy Projects, stating its intent to convey the
interest and briefly describing the type of interest and location of the lands to be
conveyed (a marked Exhibit G map may be used), the nature of the proposed use, the
identity of any federal or state agency official consulted, and any federal or state
approvals required for the proposed use. Unless the Director, within 45 days from the
filing date, requires the licensee to file an application for prior approval, the licensee may
convey the intended interest at the end of that period.
(e) The following additional conditions apply to any intended conveyance under
paragraph (c) or (d) of this article:
(1) Before conveying the interest, the licensee shall consult with federal and state
fish and wildlife or recreation agencies, as appropriate, and the State Historic
Preservation Officer;
(2) Before conveying the interest, the shall determine that the proposed use of the
lands to be conveyed is not inconsistent with any approved Exhibit R or approved report
on recreational resources of an Exhibit E; or, if the project does not have an approved
Exhibit R or approved report on recreational resources, that the lands to be conveyed do
not have recreational value;
(3) The instrument of conveyance must include the following covenants running
with the land: (i) the use of the lands conveyed shall not endanger health, create a
nuisance, or otherwise be incompatible with overall project recreational use; (ii) the
grantee shall take all reasonable precautions to ensure that the construction, operation,
and maintenance of structures or facilities on the conveyed lands will occur in a manner
that will protect the scenic, recreational, and environmental values of the project; and
(iii) the grantee shall not unduly restrict public access to project waters;
(4) The Commission reserves the right to require the licensee to take reasonable
remedial action to correct any violation of the terms and conditions of this article, for the
protection and enhancement of the project's scenic, recreational, and other environmental
values.
(f) The conveyance of an interest in project lands under this article does not in
itself change the project boundaries. The project boundaries may be changed to exclude
land conveyed under this article only upon approval of revised Exhibit G drawings
(project boundary maps) reflecting exclusion of that land. Lands conveyed under this
article will be excluded from the project only upon a determination that the lands are not
necessary for project purposes, such as operation and maintenance, flowage, recreation,

Project No. 2619 -012
-43-
public access, protection of environmental resources, and shoreline control, including
shoreline aesthetic values. Absent extraordinary circumstances, proposals to exclude
lands conveyed under this article from the project shall be consolidated for consideration
when revised Exhibit G drawings would be filed for approval for other purposes.
(g) The authority granted to the licensee under this article shall not apply to any
part of the public lands and reservations of the United States included within the project
boundary.
(G) The licensee shall serve copies of any Commission filing required by this
order on any entity specified in the order to be consulted on matters relating to that filing.
Proof of service on these entities must accompany the filing with the Commission.
(H) 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 in
section 313(a) of the FPA, 16 U.S.C. § 8251 (2006), and section 385.713 of the
Commission's regulations, 18 C.F.R. § 385.713 (2010). The filing of a request for
rehearing does not operate as a stay of the effective date of this license 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.
Jeff C. Wright
Director
Office of Energy Projects

Project No. 2619 -012
Form L -10
(October, 1975)
FEDERAL ENERGY REGULATORY COMMISSION
TERMS AND CONDITIONS OF LICENSE FOR CONSTRUCTED
MAJOR PROJECT AFFECTING THE INTERESTS OF
INTERSTATE OR FOREIGN COMMERCE
Article 1. The entire project, as described in this order of the Commission, shall
be subject to all of the provisions, terms, and conditions of the license.
Article 2. No substantial change shall be made in the maps, plans, specifications,
and statements described and designated as exhibits and approved by the Commission in
its order as a part of the license until such change shall have been approved by the
Commission: Provided, however, That if the Licensee or the Commission deems it
necessary or desirable that said approved exhibits, or any of them, be changed, there shall
be submitted to the Commission for approval a revised, or additional exhibit or exhibits
covering the proposed changes which, upon approval by the Commission, shall become a
part of the license and shall supersede, in whole or in part, such exhibit or exhibits
theretofore made a part of the license as may be specified by the Commission.
Article 3. The project area and project works shall be in substantial conformity
with the approved exhibits referred to in Article 2 herein or as changed in accordance
with the provisions of said article. Except when emergency shall require for the
protection of navigation, life, health, or property, there shall not be made without prior
approval of the Commission any substantial alteration or addition not in conformity with
the approved plans to any dam or other project works under the license or any substantial
use of project lands and waters not authorized herein; and any emergency alteration,
addition, or use so made shall thereafter be subject to such modification and change as
the Commission may direct. Minor changes in project works, or in uses of project lands
and waters, or divergence from such approved exhibits may be made if such changes will
not result in a decrease in efficiency, in a material increase in cost, in an adverse
environmental impact, or in impairment of the general scheme of development; but any
of such minor changes made without the prior approval of the Commission, which in its
judgment have produced or will produce any of such results, shall be subject to such
alteration as the Commission may direct.
Article 4. The project, including its operation and maintenance and any work
incidental to additions or alterations authorized by the Commission, whether or not
conducted upon lands of the United States, shall be subject to the inspection and
supervision of the Regional Engineer, Federal Energy Regulatory Commission, in the

Project No. 2619 -012
-45-
region wherein the project is located, or of such other officer or agent as the
Commission may designate, who shall be the authorized representative of the
Commission for such purposes. The Licensee shall cooperate fully with said
representative and shall furnish him such information as he may require concerning the
operation and maintenance of the project, and any such alterations thereto, and shall
notify him of the date upon which work with respect to any alteration will begin, as far
in advance thereof as said representative may reasonably specify, and shall notify him
promptly in writing of any suspension of work for a period of more than one week, and
of its resumption and completion. The Licensee shall submit to said representative a
detailed program of inspection by the Licensee that will provide for an adequate and
qualified inspection force for construction of any such alterations to the project.
Construction of said alterations or any feature thereof shall not be initiated until the
program of inspection for the alterations or any feature thereof has been approved by
said representative. The Licensee shall allow said representative and other officers or
employees of the United States, showing proper credentials, free and unrestricted access
to, through, and across the project lands and project works in the performance of their
official duties. The Licensee shall comply with such rules and regulations of general or
special applicability as the Commission may prescribe from time to time for the
protection of life, health, or property.
Article 5. The Licensee, within five years from the date of issuance of the license,
shall acquire title in fee or the right to use in perpetuity all lands, other than lands of the
United States, necessary or appropriate for the construction maintenance, and operation
of the project. The Licensee or its successors and assigns shall, during the period of the
license, retain the possession of all project property covered by the license as issued or as
later amended, including the project area, the project works, and all franchises,
easements, water rights, and rights or occupancy and use; and none of such properties
shall be voluntarily sold, leased, transferred, abandoned, or otherwise disposed of without
the prior written approval of the Commission, except that the Licensee may lease or
otherwise dispose of interests in project lands or property without specific written
approval of the Commission pursuant to the then current regulations of the Commission.
The provisions of this article are not intended to prevent the abandonment or the
retirement from service of structures, equipment, or other project works in connection
with replacements thereof when they become obsolete, inadequate, or inefficient for
further service due to wear and tear; and mortgage or trust deeds or judicial sales made
thereunder, or tax sales, shall not be deemed voluntary transfers within the meaning of
this article.
Article 6. In the event the project is taken over by the United States upon the
termination of the license as provided in Section 14 of the Federal Power Act, or is
transferred to a new licensee or to a nonpower licensee under the provisions of Section 15
of said Act, the Licensee, its successors and assigns shall be responsible for, and shall

Project No. 2619 -012 -46-
make good any defect of title to, or of right of occupancy and use in, any of such project
property that is necessary or appropriate or valuable and serviceable in the maintenance
and operation of the project, and shall pay and discharge, or shall assume responsibility
for payment and discharge of, all liens or encumbrances upon the project or project
property created by the Licensee or created or incurred after the issuance of the license:
Provided, That the provisions of this article are not intended to require the Licensee, for
the purpose of transferring the project to the United States or to a new licensee, to acquire
any different title to, or right of occupancy and use in, any of such project property than
was necessary to acquire for its own purposes as the Licensee.
Article 7. The actual legitimate original cost of the project, and of any addition
thereto or betterment thereof, shall be determined by the Commission in accordance
with the Federal Power Act and the Commission's Rules and Regulations thereunder.
Article 8. The Licensee shall install and thereafter maintain gages and stream -
gaging stations for the purpose of determining the stage and flow of the stream or
streams on which the project is located, the amount of water held in and withdrawn from
storage, and the effective head on the turbines; shall provide for the required reading of
such gages and for the adequate rating of such stations; and shall install and maintain
standard meters adequate for the determination of the amount of electric energy
generated by the project works. The number, character, and location of gages, meters, or
other measuring devices, and the method of operation thereof, shall at all times be
satisfactory to the Commission or its authorized representative. The Commission
reserves the right, after notice and opportunity for hearing, to require such alterations in
the number, character, and location of gages, meters, or other measuring devices, and the
method of operation thereof, as are necessary to secure adequate determinations. The
installation of gages, the rating of said stream or streams, and the determination of the
flow thereof, shall be under the supervision of, or in cooperation with, the District
Engineer of the United States Geological Survey having charge of stream - gaging
operations in the region of the project, and the Licensee shall advance to the United
States Geological Survey the amount of funds estimated to be necessary for such
supervision, or cooperation for such periods as may mutually agreed upon. The Licensee
shall keep accurate and sufficient records of the foregoing determinations to the
satisfaction of the Commission, and shall make return of such records annually at such
time and in such form as the Commission may prescribe.
Article 9. The Licensee shall, after notice and opportunity for hearing, install
additional capacity or make other changes in the project as directed by the Commission,
to the extent that it is economically sound and in the public interest to do so.
Article 10. The Licensee shall, after notice and opportunity for hearing,
coordinate the operation of the project, electrically and hydraulically, with such other

Project No. 2619 -012 -47-
projects or power systems and in such manner as the Commission any direct in the
interest of power and other beneficial public uses of water resources, and on such
conditions concerning the equitable sharing of benefits by the Licensee as the
Commission may order.
Article 11. Whenever the Licensee is directly benefited by the construction work
of another licensee, a permittee, or the United States on a storage reservoir or other
headwater improvement, the Licensee shall reimburse the owner of the headwater
improvement for such part of the annual charges for interest, maintenance, and
depreciation thereof as the Commission shall determine to be equitable, and shall pay to
the United States the cost of making such determination as fixed by the Commission. For
benefits provided by a storage reservoir or other headwater improvement of the United
States, the Licensee shall pay to the Commission the amounts for which it is billed from
time to time for such headwater benefits and for the cost of making the determinations
pursuant to the then current regulations of the Commission under the Federal Power Act.
Article 12. The operations of the Licensee, so far as they affect the use, storage
and discharge from storage of waters affected by the license, shall at all times be
controlled by such reasonable rules and regulations as the Commission may prescribe for
the protection of life, health, and property, and in the interest of the fullest practicable
conservation and utilization of such waters for power purposes and for other beneficial
public uses, including recreational purposes, and the Licensee shall release water from
the project reservoir at such rate in cubic feet per second, or such volume in acre -feet per
specified period of time, as the Commission may prescribe for the purposes hereinbefore
mentioned.
Article 13. On the application of any person, association, corporation, Federal
agency, State or municipality, the Licensee shall permit such reasonable use of its
reservoir or other project properties, including works, lands and water rights, or parts
thereof, as may be ordered by the Commission, after notice and opportunity for hearing,
in the interests of comprehensive development of the waterway or waterways involved
and the conservation and utilization of the water resources of the region for water supply
or for the purposes of steam - electric, irrigation, industrial, municipal or similar uses. The
Licensee shall receive reasonable compensation for use of its reservoir or other project
properties or parts thereof for such purposes, to include at least full reimbursement for
any damages or expenses which the joint use causes the Licensee to incur. Any such
compensation shall be fixed by the Commission either by approval of an agreement
between the Licensee and the party or parties benefiting or after notice and opportunity
for hearing. Applications shall contain information in sufficient detail to afford a full
understanding of the proposed use, including satisfactory evidence that the applicant
possesses necessary water rights pursuant to applicable State law, or a showing of cause
why such evidence cannot concurrently be submitted, and a statement as to the

Project No. 2619 -012
relationship of the proposed use to any State or municipal plans or orders which may
have been adopted with respect to the use of such waters.
Article 14. In the construction or maintenance of the project works, the Licensee
shall place and maintain suitable structures and devices to reduce to a reasonable degree
the liability of contact between its transmission lines and telegraph, telephone and other
signal wires or power transmission lines constructed prior to its transmission lines and
not owned by the Licensee, and shall also place and maintain suitable structures and
devices to reduce to a reasonable degree the liability of any structures or wires falling or
obstructing traffic or endangering life. None of the provisions of this article are intended
to relieve the Licensee from any responsibility or requirement which may be imposed by
any other lawful authority for avoiding or eliminating inductive interference.
Article 15. The Licensee shall, for the conservation and development of fish and
wildlife resources, construct, maintain, and operate, or arrange for the construction,
maintenance, and operation of such reasonable facilities, and comply with such
reasonable modifications of the project structures and operation, as may be ordered by the
Commission upon its own motion or upon the recommendation of the Secretary of the
Interior or the fish and wildlife agency or agencies of any State in which the project or a
part thereof is located, after notice and opportunity for hearing.
Article 16. Whenever the United States shall desire, in connection with the
project, to construct fish and wildlife facilities or to improve the existing fish and wildlife
facilities at its own expense, the Licensee shall permit the United States or its designated
agency to use, free of cost, such of the Licensee's lands and interests in lands, reservoirs,
waterways and project works as may be reasonably required to complete such facilities or
such improvements thereof. In addition, after notice and opportunity for hearing, the
Licensee shall modify the project operation as may be reasonably prescribed by the
Commission in order to permit the maintenance and operation of the fish and wildlife
facilities constructed or improved by the United States under the provisions of this article.
This article shall not be interpreted to place any obligation on the United States to
construct or improve fish and wildlife facilities or to relieve the Licensee of any
obligation under this license.
Article 17. The Licensee shall construct, maintain, and operate, or shall arrange
for the construction, maintenance, and operation of such reasonable recreational facilities,
including modifications thereto, such as access roads, wharves, launching ramps,
beaches, picnic and camping areas, sanitary facilities, and utilities, giving consideration
to the needs of the physically handicapped, and shall comply with such reasonable
modifications of the project, as may be prescribed hereafter by the Commission during
the term of this license upon its own motion or upon the recommendation of the Secretary
of the Interior or other interested Federal or State agencies, after notice and opportunity

Project No. 2619 -012
for hearing.
Article 18. So far as is consistent with proper operation of the project, the
Licensee shall allow the public free access, to a reasonable extent, to project waters and
adjacent project lands owned by the Licensee for the purpose of full public utilization
of such lands and waters for navigation and for outdoor recreational purposes, including
fishing and hunting: Provided, That the Licensee may reserve from public access such
portions of the project waters, adjacent lands, and project facilities as may be necessary
for the protection of life, health, and property.
Article 19. In the construction, maintenance, or operation of the project, the
Licensee shall be responsible for, and shall take reasonable measures to prevent, soil
erosion on lands adjacent to streams or other waters, stream sedimentation, and any form
of water or air pollution. The Commission, upon request or upon its own motion, may
order the Licensee to take such measures as the Commission finds to be necessary for
these purposes, after notice and opportunity for hearing.
Article 20. The Licensee shall clear and keep clear to an adequate width lands
along open conduits and shall dispose of all temporary structures, unused timber, brush,
refuse, or other material unnecessary for the purposes of the project which results from
the clearing of lands or from the maintenance or alteration of the project works. In
addition, all trees along the periphery of project reservoirs which may die during
operations of the project shall be removed. All clearing of the lands and disposal of the
unnecessary material shall be done with due diligence and to the satisfaction of the
authorized representative of the Commission and in accordance with appropriate Federal,
State, and local statutes and regulations.
Article 21. If the Licensee shall cause or suffer essential project property to be
removed or destroyed or to become unfit for use, without adequate replacement, or shall
abandon or discontinue good faith operation of the project or refuse or neglect to comply
with the terms of the license and the lawful orders of the Commission mailed to the
record address of the Licensee or its agent, the Commission will deem it to be the intent
of the Licensee to surrender the license. The Commission, after notice and opportunity
for hearing, may require the Licensee to remove any or all structures, equipment and
power lines within the project boundary and to take any such other action necessary to
restore the project waters, lands, and facilities remaining within the project boundary to
a condition satisfactory to the United States agency having jurisdiction over its lands or
the Commission's authorized representative, as appropriate, or to provide for the
continued operation and maintenance of nonpower facilities and fulfill such other
obligations under the license as the Commission may prescribe. In addition, the
Commission in its discretion, after notice and opportunity for hearing, may also agree to
the surrender of the license when the Commission, for the reasons recited herein, deems

Project No. 2619 -012
it to be the intent of the Licensee to surrender the license.
-50-
Article 22. The right of the Licensee and of its successors and assigns to use or
occupy waters over which the United States has jurisdiction, or lands of the United States
under the license, for the purpose of maintaining the project works or otherwise, shall
absolutely cease at the end of the license period, unless the Licensee has obtained a new
license pursuant to the then existing laws and regulations, or an annual license under the
terms and conditions of this license.
Article 23. The terms and conditions expressly set forth in the license shall not be
construed as impairing any terms and conditions of the Federal Power Act which are not
expressly set forth herein.

Project No. 2619 -012 - 51 -
APPENDIX A
Water Quality Certificate Conditions for the Mission Hydroelectric Project Issued
By the North Carolina Department of Environment and Natural Resources,
Division of Water Quality Issued June 9, 2010, Revised Certificate Issued on July
30, 2010.
Conditions of Certification:
No waste, spoil, solids, or fill of any kind shall occur in wetlands, waters, or riparian
areas beyond the footprint of the impacts depicted in the Certification. All
construction activities, including the design, installation, operation, and maintenance
of sediment and erosion control Best Management Practices, shall be performed so that
no violations of State Water Quality Standards, Statutes, or Rules occur.
2. Sediment and erosion control measures shall not be placed in wetlands or waters to the
maximum extent practicable. If placement of sediment and erosion control devices in
wetlands and waters is unavoidable, they shall be removed and the natural grade
restored within six months of the date that the North Carolina Division of Land
Resources has released the project.
3. Duke Energy Carolinas, LLC shall identify and report in writing existing and proposed
consumptive uses of Mission Project waters to DWQ and the North Carolina Division
of Water Resources (DWR). Duke Energy Carolinas, LLC shall report the existing or
projected (as appropriate) average consumptive withdrawal and maximum approved
withdrawal capacity for each water intake in excess of one million gallons per day that
is located or proposed for location within the Federal Energy Regulatory Commission
(FERC) Project boundary. Duke Energy Carolinas, LLC shall report existing
consumptive uses to DWQ and DWR within 60 days following the acceptance of the
License and shall report proposed new or expanded consumptive uses to DWQ and
DWR within 30 days following receipt of a written request for approval of a proposed
new or expanded withdrawal and before submitting any approval requests to FERC.
4. 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 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

Project No. 2619 -012
-52-
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 the North Carolina Department of Environment and Natural
Resources (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.
Continuing Compliance:
5. Duke Energy Carolinas, LLC 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) and any other appropriate
requirements of State law and federal law. If the Division determines that as a result
of the discharge or operation of the Mission Project such standards or laws are not
being met (including the failure to sustain a designated or achieved use) or that State
or federal law is being violated, or that further conditions are necessary to assure
compliance, the Division may reevaluate and modify this Certification to include
conditions relative to the discharge or operation of the Mission Project appropriate to
assure compliance with such standards and requirements in accordance with 15A
NCAC 2H.0507(d). Before modifying the Certification, the Division shall notify
Duke Energy Carolinas, LLC and the FERC, provide public notice in accordance
with 15A NCAC 2H.0503 and provide opportunity for public hearing in accordance
with 15A NCAC 2H.0504. Any new or revised conditions shall be provided to Duke
Energy Carolinas, LLC in writing, shall be provided to the FERC for reference in any
Permit or License issued by that agency and shall also become conditions of the
FERC License for the project.
Other Conditions
6. Addenda No. 1 and No. 3 sent from Duke Energy Carolinas, LLC to Mr. John
Dorney from Mr. Steven Jester on May 26, and May 27, 2010, respectively are
hereby incorporated into this Certification. Any modifications to the provisions in
these Addenda require additional written approval from DWQ. In particular,
additional written approval may be required from DWQ for a modified version of the
Sediment Removal Pilot Study after additional consultation with all interested parties
including Duke Energy Carolinas, LLC, DWQ, DWR, US Fish and Wildlife Service
(USFWS), and the North Carolina Wildlife Resources Commission (WRC).
7. Duke Energy Carolinas, LLC will consult with DWQ, DWR, WRC, and the USFWS
to develop the Long -Term Sediment Management Plan for the Mission Project. In

Project No. 2619 -012
-53-
particular, the Long -Term Sediment Management Plan (as described in Addendum
No. 3) shall provide assurance to the DWQ that all existing aquatic life uses of
downstream waters including mussel habitat will be protected from negative impacts
due to Mission Project operations. The Long -Term Sediment Management Plan will
be filed with the FERC and the DWQ for written approval within 60 days following
the later of (a) completion of the Sediment Removal Pilot Study or (b) issuance of
the License for the Mission Project. The DWQ shall be notified in writing as
specified in Addendum No. 1 of any deviations to the discharge and lake level
fluctuations that vary from these approved Plans. Any such discharge and lake level
deviations shall be corrected as soon as practical to the written satisfaction of the
DWQ.
8. The Nantahala Area Run of River Projects Maintenance and Emergency Protocol
(MEP) submitted as an Appendix to the Lake Level and Flow Management Plan on
May 26, 2010 is hereby incorporated as a condition of this Certification. The MEP
has provisions for communications and consultation with the resource agencies listed
above during emergencies and routine maintenance activities. Any changes to this
Protocol require written concurrence from DWQ.
9. Shoreline Management — Duke Energy Carolinas, LLC shall develop a shoreline
management plan for written DWQ approval. Such Plan shall prohibit private access
facility construction on Project lands.. By this measure, shoreline management shall
focus on natural resource protection to preserve the largely undisturbed nature of the
shoreline. Additional written approval from DWQ is required for changes to the
shoreline management plan. Structures and impacts that are pre- existing (as of the
date of this Certification) are grandfathered and allowed to remain as long as their
footprint is not expanded.

Project No. 2619 -012
Addendum No. 1
Duke Energy Carolinas, LLC
Mission Project (P -2619)
Lake Level and Flow Management Plan
May 26, 2010 (filed July 14, 2010)
Background
-54-
The Mission Project (FERC # 2619) (the Project) is located on the Hiwassee River
approximately 9 miles downstream of the City of Hayesville, North Carolina, in Clay
County and approximately 15 miles downstream of the Tennessee Valley Authority's
(TVA) Chatuge Dam, which regulates inflow into the Mission Project. Mission Dam
crosses the Hiwassee River at River Mile 106.1.
Constructed by the Town of Andrews, North Carolina to serve its citizens, the Project
was considered complete when the two original units were put on -line in December 1924.
Nantahala Power and Light Company (NP &L) purchased the Project from the Town 5
years later and installed a third unit in 1943 to better utilize available flow in the river.
The Project was licensed by the Federal Energy Regulatory Commission (FERC) on
August 4, 1980. Duke Power (now Duke Energy Carolinas, LLC) (Duke) acquired
NP &L in 1988. Duke's Hydro Central assumed operational control of NP &L's hydro
stations in August 2000.
The Mission Project consists of a reservoir, dam, and powerhouse plus a small amount of
land surrounding the dam, tailrace and reservoir. Mission Dam was originally designed
as an Ambursen -type, flat slab concrete structure. In 1999, due to continuing concrete
deterioration, slab areas in Bay Nos. 1, 2, 3, 4, 8, 9, 10, 11, 19, 20, and 21 were filled,
essentially changing the dam to a concrete gravity type structure. The electricity from the
generators is regulated by one transformer located adjacent to the powerhouse. Duke
owns approximately 102 acres within and adjacent to the Project and the Mission
Reservoir has approximately 3 miles of shoreline.
Major components of the Mission Dam (also referred to herein as the Project Dam) are
listed below, beginning at the left abutment (facing downstream). Unless stated
otherwise, all elevations are referenced in U.S. Geological Survey (USGS) datum and are
expressed in feet above mean sea level (AMSL).
• Three bulkhead sections with crest elevation 1665.17 ft AMSL.

Project No. 2619 -012
-55-
• Seven ogee spillway sections surmounted by 14- foot -high, 16- foot -wide gates
with the top of the gates at Elevation 1658.17 ft AMSL (i.e. the Normal Full Pond
Elevation) and an opening deck at Elevation 1665.17 ft AMSL.
• Four bulkhead sections with crest elevation 1665.17 ft AMSL.
• A powerhouse intake structure with crest elevation 1665.17 ft AMSL.
• Four bulkhead sections with crest elevation 1665.17 ft AMSL.
The buttresses for each bulkhead and spillway bay are spaced 18 feet on- center.
Including the powerhouse intake structure and a 12 -foot long access section at each
abutment, the dam has a total crest length of 397 feet and a maximum height of 50 feet.
Three of the seven Tainter gates are operated automatically by an independent control
center located in a metal building on the deck above the gates. Gate No. 7, located nearest
the left abutment, opens automatically when the reservoir reaches Normal Full Pond
Elevation (Elevation 1,658.17 ft AMSL). Gate No. 5 raises automatically after Gate
No. 7, followed in turn by Gate No. 6. The remaining gates are operated manually by a
movable hoist on rails on the deck above the spillway.
The powerhouse is separate from the dam and consists of a reinforced concrete
substructure and a brick superstructure of conventional architecture of the period in
which the Project was built. Inside the powerhouse are three generating units. Each one
consists of an S. Morgan Smith vertical Francis -type turbine directly connected to a 750 -
kilovolt- ampere (kVa) General Electric generator at 0.80 power factor and a DC exciter.
The turbines of Unit Nos. 1 and 2 (left and center bays facing downstream), installed in
1924, are each rated at 930 horsepower (hp) under 38 -foot head and 225 revolutions per
minute (rpm), while the Unit No. 3 turbine is rated at 1,040 hp at 40 -foot head and
225 rpm. Each unit has a 34.9 foot -long, 8 -foot diameter steel cased penstock. Unit Nos.
1 and 2 each have a steel cased draft tube and Unit No. 3 has a concrete Al -5 cased draft
tube.
Normally, the plant is capable of producing 2,200 kilowatts (kW) under an average net
head of 41.2 feet. The rated hydraulic capacities of the turbines are 216 cfs for Unit Nos.
1 and 2 and 247 cfs for Unit No. 3. The maximum hydraulic capacities of Units 1 & 2
and Unit 3 are 247 cfs and 292 cfs respectively. The minimum hydraulic capacities of
Unit Nos. 1 & 2 and Unit 3 are 141 cfs and 165 cfs respectively. The average annual
generation for the Mission Project over the period of 1941 to 2002 was 8,134,370 kWh.
Total maximum hydraulic capacity of the 3 units combined at the Mission Project is
786 cfs.

Project No. 2619 -012
-56-
The Mission reservoir has a surface area of approximately 47 acres at Normal Full Pond
Elevation 1,658.17 ft AMSL. The drainage area upstream of the dam encompasses
292 square miles of which 189 square miles are impounded by the TVA Chatuge Dam.
The drainage area is mountainous and extends into both western North Carolina and
north Georgia. The average annual runoff into the Project reservoir is 661 cfs.
There are three intakes at the Mission Project. Each intake system is an 8 -foot diameter
steel -cased penstock with a 25 foot by 16 foot grated trash rack mounted at a sloping
angle in front of the intake pipe. The intake trash rack is located 20 feet 3 inches in front
of the bottom of the penstock pipe. The steel grating bars are 3/16 -inch diameter thick
and the center to center spacing between the bars varies from 2.25 inches to 2.5 inches.
Horizontal support bars are spaced 3 feet apart. These bars are round and have a
diameter of 1.5 inches. Reservoir level is approximately 1 foot below the top of the
grating during periods of maximum generation. Under the current license for the Mission
Project, Duke releases a minimum flow of 280 cfs or inflow, whichever is lower.
Flows downstream of the Project reservoir have been measured in the past at the U.S.
Geological Survey (USGS) Gage Hiwassee River upstream of Murphy, NC (Gage
#03548500) and can be found at the USGS web site address:
htip: // waterdata. usgs.gov /nc /nwis /uv ?site _ no = 03548500. This gage has been inactive
since September 2004.
Under the current license, the Mission Project operates in approximate run -of -river mode
(ROR) with an ordinary available drawdown of approximately 6 inches. Project
generation is dependent upon the availability of stream flow in the Hiwassee River,
which is regulated by TVA's Chatuge Dam. The Project operates semi - automatically; a
float controls the wicket gates automatically, but the units must be put on -line or taken
off -line manually. The float makes the units responsive to headwater pool levels, which
are determined by variations in stream flow. Through a series of relays, the float controls
the governor and opens or closes the wicket gates as necessary to utilize available flow
while typically maintaining reservoir level within a band from approximately 6 inches
below Full Pond Elevation to Full Pond Elevation.
Unit No. 3, then No. 2, takes available stream flow up to a combined generator output of
1,500 kilowatts. Unit No. 1 then takes any flows in excess of this capacity. When stream
flow decreases, Unit No. 1 reduces its load but maintains synchronous speed by
motoring. If stream flow continues to decrease, Unit 2 and 3 will also change mode to
synchronous speed motoring.
Duke submitted an application for New License for the Project on July 17, 2003. In this
License Application Duke proposed to operate the Project in a run -of -river (ROR)

Project No. 2619 -012
-57-
manner such that outflow from the Project is approximately equal to inflow into it at any
given time. In a subsequent Environmental Assessment (EA) issued on July 12, 2006,
the FERC recommended that in order to meet the intent of ROR operations Duke should
operate the Project so that Project reservoir levels are within 0.1 ft of full pond for 99
percent of the time and within 0.3 ft of full pond the remaining 1 percent of the time on
an annual basis. In addition, the FERC recommended (i.e., Nantahala West Project Final
Environmental Assessment -July 12, 2006) that Duke consult with the appropriate
resource agencies to develop a Lake Level and Flow Management Plan (LLFMP) for the
Project to ensure compliance with ROR operations, as well as a Sediment Management
Plan for the Project.
In 2004, Duke filed the initial Application for a Section 401 Water Quality Certification
(401 WQC) with the North Carolina Division of Water Quality (NCDWQ. Since that
time, Duke has withdrawn and resubmitted its application for a 401 WQC each year. The
401 WQC Application is currently under review by the NCDWQ.
Purpose
The purpose of the Mission Project LUMP is to provide a framework for appropriate
management and monitoring of reservoir levels and flows downstream of the Project
during normal operations, and maintenance and emergency situations under the New
License.
Obiectives
The objectives of the LUMP are as follows:
1) Describe lake level and flow management during normal Project operations
2) Describe potential operational problems and solutions
3) Describe compliance monitoring and reporting procedures
4) Describe procedures for maintenance and emergency operations.
Normal Project Operations
The definition of ROR operations for a hydro project is that outflow is approximately
equal to inflow at any given point in time. This can be achieved by maintaining Project
reservoir levels at a constant elevation called the Normal Target Elevation. For this
LUMP, Normal Target Elevation is defined as the level of a ROR Project reservoir
(measured in ft above Mean Sea Level (AMSL) or feet relative to the full pond contour
with 100.0 ft corresponding to full pond) that the Licensee will endeavor in good faith to
achieve, unless operation in the Maintenance and Emergency Protocol allows otherwise.
For this Mission Project LUMP, Normal Target Elevation will be 99.5 ft. local datum
which equates to 8 evat i on 1,657.67 ft AN8L. In order to achieve a consistent reservoir
level, control must be maintained through operation of the Project's hydro units, Tainter

Project No. 2619 -012 -58-
gates, or both. The operating philosophy for normal operations of Tainter gates and
hydro units at the Project is described in the following:
Hydro Unit Operation
• A Programmable Logic Controller (PLC) will control each hydro unit.
• The operation of the hydro unit will be determined by lake level, electrical grid
syst em conditions, and amount of debris build up on trash racks.
• Lake levels will be managed to maintain the Normal Target Elevation (99.5 ft.), with
100.0 ft representing the Normal Full Pond Elevation of 1, 658. 17 ft AMSL.
• The lake level set point for hydro unit control must be at a lower elevation than the
lake level set point for Tainter gate control such that the hydro units will operate prior
to Tainter gate operation.
Tainter Gate Operation
• For the Tainter gates with automatic controls, PLCs compare actual lake level to a
lake level set point.
• The PLC will control the Tainter gate position based on the lake level set point value.
• When reservoir levels continue to rise during hydro unit operation, the Tainter gates
open as water levels rise in order to maintain reservoir levels at Normal Target
Elevation.
• A permanent back -up generator that will provide a redundant power source to the
Project (i.e., Tainter gates) during emergency situations (e.g., power loss) will be
provided.
Based on the operations philosophy described above, the Project reservoir level control
will consist of the following components:
• A 5 psi pressure transducer secured in a stilling well and calibrated to measure lake
level based on Normal Full Pond Elevation of 100.0 ft local datum. The transducer is
accurate to within 0.01 feet. A back -up transducer is also installed.
• A gate position transducer with a stainless steel tape connected to the top of each
automatically controlled Tainter gate. The transducer measures gate opening from
fully closed to fully open with an accuracy of 0.02 feet.
• Each automatic gate hoist has an encoder on the shaft that gives a relative position of
the Tainter gate to the position of the hoist shaft.
• Each hoist has a low limit and a high limit switch on the hoist shaft.
• A PLC is used to control Tainter gate movement through either a (1) variable
frequency drive or (2) motor contactors. Manual control is also available.
• There is a communication system between the Tainter gate controller and the plant
controller. These controllers communicate either by radio, fiber link, modem, or
RS485.
• The Tainter gate PLC communicates the status of the gate position, lake level, and
alarm points to the plant PLC.

Project No. 2619 -012 -59-
• The plant PLC communicates via wireless modem to the work station node at the
Nantahala Hydro Station (FERC Project 2692).
• The information from the Nantahala Hydro Station is sent to Hydro Central in
Charlotte, North Carolina through a secure network.
Potential Operational Issues:
There are a number of factors that can affect the Project reservoir level control. These
factors include equipment failures, high inflow conditions, and debris build up in front of
trash racks and Tainter gates.
• A PLC response to rapid changes in these reservoir level factors may result in
reservoir level variations greater than 0.1 feet.
• Since the Tainter gates at the Mission Project are large (14 ft high x 16 ft wide),
control of gate position by the PLC to a tolerance of 0.02 feet allows for flow
variances of 10 cfs or more through each automatically controlled gate.
• There are occasional conditions, such as when there is trash or debris accumulations
on the trash racks which may create situations when one of the units cannot maintain
the lake level set point. At these times, an automated Tainter gate will begin pond
control when the lake level is 0.05 feet above the lake level set point for hydro unit
operation.
Compliance Monitoring and Reporting
Run -of -River Compliance
Provided the Project is not operating in the Nantahala Area ROR Projects
Maintenance and Emergency Protocol (see Appendix), the Mission Project will be
considered in compliance with ROR operations under the following conditions:
• Reservoir elevations maintained at ±0.3 ft of Normal Target Elevation (99.5 ft.) when
less than 2 hydro units are operable
• Reservoir elevations maintained ±0.1 ft of Normal Target Elevation (99.5 ft.) for 99%
of year and ±0.3 ft of Normal Target Elevation (99.5 ft.) for 1% of year when 2 or
more hydro units are operable
• If the Licensee determines that the Project will have less than 2 hydro units operable
for a period of more than 60 consecutive days, the Licensee will consult with the
agencies identified in the MEP within 30 days of making such a determination, to
develop a plan and schedule for complying with ROR operations.
Reporting
• Reservoir elevation data will be collected no less frequently than every 15 minutes.
Real -time reservoir elevation information will be available for the Project at URL
http: / /www.duke- energy. cone /➢ akes/ nantahada /nantahada- Iake- IeveIs.asp
• The Licensee will provide 7 -day reservoir history on its website. Any other history or
period of record is available from the Licensee upon written request.

Project No. 2619 -012 -60-
• The Licensee will archive the 15- minute reservoir elevation data for the term of the
New License.
• No later than March 31 of each calendar year beginning the first full calendar year
after the calendar year in which the New License is issued, the Licensee will provide
to the NCDWQ, NCDWR, the NCWRC, and the USFWS and file with the FERC a
report containing a table of the elevation of the reservoir on a daily basis (including
midnight, daily minimum and maximum elevations) during the previous calendar
year, a certification by the Licensee that the lake level requirements were met during
the previous calendar year, and a discussion of each incident during the previous
calendar year where the elevation of the reservoir was above or below the normally
required levels.
• After five full calendar years of operation under the New License, the Licensee will
confer with the NCDWR, NCDWQ, NCWRC, USFWS, and the FERC to consider
holding an informational meeting, to review the operational history of the LUMP
and to determine if any operational changes are needed and agreeable to all the
parties. Any such meeting will be scheduled and held no later than October 31 of the
appropriate year.
Emergency and Other Non - Routine Operations
• The Licensee will enhance remote monitoring of the Mission Project by
implementing an expanded alert system concerning gate control failures, hydro
unit trips, power failures, low inflows, and other situations where downstream
flows could be temporarily interrupted.
• Alerts will be directed to the Licensee where appropriate technical staff will be
called out as needed to respond to such situations.
• In addition the Licensee will provide a key contact individual that will be available
during normal business hours for the agencies to contact should significant
Project - related issues arise.

Project No. 2619 -012
APPENDIX to Addendum I
-61-
NANTAHALA AREA RUN -OF -RIVER PROJECTS MAINTENANCE AND
EMERGENCY PROTOCOL (MEP)
Introduction
Under some emergency, equipment failure, maintenance or other abnormal situations,
certain license conditions may be impractical or even impossible to meet and may need to
be suspended or modified temporarily to avoid taking unnecessary risks. The objectives
of this protocol are:
1) to define the most likely abnormal situations for the Nantahala Area Run of
River (ROR) Projects (i.e., Mission, Bryson and Franklin Projects),
2) describe the operations protocol for certain abnormal situations,
3) identify the potentially impacted license conditions,
4) outline the general approach that the Licensee will take to mitigate the impacts
to license conditions, and
5) describe how these situations will be communicated to resource agencies and
others.
Note: Due to the potential variability of these abnormal situations, this Maintenance and
Emergency Protocol (MEP) is not intended to give an exact step -by -step solution path. It
will, however, provide basic expectations for the Licensee's approach to dealing with the
situation. Specific details will vary and will be determined on a case -by -case basis as the
protocol is being enacted.
The Licensee will review the requirements of this protocol each time it is used and
may revise the MEP from time to time as noted below.
Key Facts and Definitions
Human Health and Safety and the Integrity of the Public Water Saply and
Electric Systems are of Utmost Importance — Nothing in this protocol will limit
the Licensee's ability to take any and all lawful actions necessary at the Project to
protect human health and safety, protect its equipment from major damage, and
ensure the stability of the regional electric grid and public water supply systems. It
is recognized that the Licensee may take the steps that are necessary to protect
these things without prior consultation or notification. Likewise, nothing in this
MEP will limit the State of North Carolina from taking any and all lawful actions
necessary in its jurisdiction to protect human health and safety. It is recognized
that North Carolina may also take the steps necessary to protect these things
without prior consultation or notification.

Project No. 2619 -012
-62-
2. Normal Full Pond Elevation — Also referred to simply as "full pond," this is the
level of a reservoir that corresponds to the point at which water would first begin
to spill from the reservoir's dam(s) if the Licensee took no action. This level
corresponds to the lowest point along the top of the spillway (including
flashboards) for reservoirs without floodgates and to the lowest point along the top
of the floodgates for reservoirs that have floodgates. To avoid confusion among
the many reservoirs the Licensee operates; it has adopted the practice of referring
to the Normal Full Pond Elevation for all of its reservoirs as equal to 100.0 ft.
relative. The following are the Normal Full Pond Elevations for the Nantahala
Area ROR Projects expressed in terms of USGS datum (ft above Mean Sea Level
(AMSL)) rather than relative or local datum:
• Franklin Project — 2,000.22 ft AMSL
• Bryson Project — 1,828.41 ft AMSL
• Mission Project — 1,658.17 ft AMSL
3. Normal Target Elevation - The level of a ROR Project reservoir (measured in ft
above Mean Sea Level (AMSL) or feet relative to the full pond contour with
100.0 ft corresponding to full pond) that the Licensee will endeavor in good faith
to achieve, unless operation in this MEP allows otherwise. The Normal Target
Elevation for the Franklin and Mission Projects is 99.5 ft and it is 99.95 ft local
datum for the Bryson Project. These Normal Target Elevations correspond to the
following USGS elevations at each ROR Project:
• Franklin Project — 1,999.72 ft AMSL
• Bryson Project — 1,828.36 ft AMSL
• Mission Project — 1,657.67 ft AMSL
4. Returning to Normal — Some of the abnormal situations noted in this MEP can
impact the Licensee's ability to operate the hydro project in the most efficient and
safest manner for power production. The Licensee will therefore endeavor in
good faith to repair existing hydro project equipment and facilities and return them
to service within a reasonable period of time, commensurate with the severity of
the equipment / facility repair requirements and availability of budgeted funding.
If the Licensee determines that the Project will have less than 2 hydro units
operable for a period of more than 60 consecutive days, the Licensee will consult
with the agencies identified in this MEP, within 30 days of making such a
determination, to develop a plan and schedule for complying with ROR
operations.
5. Incidental Maintenance — These are maintenance activities at Project works that
are very brief in nature or that require minimal if any deviation from normal
license conditions. For the purposes of this protocol, maintenance of Project works
that does not require deviation from any license conditions related to prescribed

Project No. 2619 -012
-63-
flow releases from Project structures that is less than 24 hours in duration and will
not require any excursions below the Minimum Flow (as identified in this MEP) is
considered Incidental Maintenance and, except for the notification steps identified
in the tables below for communication with resource agencies and affected parties
for conditions that impact prescribed flow releases, Incidental Maintenance is
exempt from the requirements of this protocol.
6. Notification — Typically includes informing or providing information concerning a
Project activity or situation (e.g., scheduled maintenance drawdown) to interested
parties. Notification is an important aspect of the communication protocol for the
Projects and can be used under both scheduled and emergency situations.
7. Consultation — Typically includes meetings and /or correspondence regarding
agency deliberation, decision, or guidance concerning a Project activity (e.g.,
review operational changes, review plan modifications). Consultation is also an
important aspect of the communication protocol for the Projects.
8. Notification Guidance
a. Scheduled Maintenance that Affects License Conditions — Typically
scheduled maintenance is planned months in advance.
Once a likely
maintenance schedule has been established, the Licensee will endeavor to
provide as much advance notice as possible to the affected parties identified in
this protocol.
b. Unscheduled Maintenance and Emergencies that Affect License Conditions —
It is not possible for the Licensee to assure any level of advance notice. For
these situations, the Licensee will endeavor to inform the affected parties
identified in this protocol within some reasonable amount of time after the
situation has been identified.
9. Minimum Flow — The minimum flow releases from the Nantahala Area ROR
Projects that may be necessary to:
a. prevent long -term or irreversible damage to aquatic communities consistent
with the resource management goals and objectives for the affected stream
reaches;
b. provide some basic level of water quality maintenance in the affected stream
reaches.
For the purpose of this MEP, the Minimum Flow will be equal to the September
median flow for the given Project. The Minimum Flows for the Nantahala Area
ROR Projects are as follows:
Little Tennessee River at Franklin Dam is 309 cfs.
• Oconaluftee River at Bryson Dam is 204 cfs.
• Hiwassee River at the Mission Dam is 341 cfs.

Project No. 2619 -012
10. Organizational abbreviations include the Eastern Band of Cherokee Indians
(EBCI), United States Fish and Wildlife Service (USFWS), Federal Energy
Regulatory Commission (FERC), United States Geological Survey (USGS), North
Carolina Department of Environment and Natural Resources (NCDENR), North
Carolina Division of Water Resources (NCDWR), North Carolina Division of
Water Quality (NCDWQ), North Carolina State Historic Preservation Office
(NCSHPO), North Carolina Wildlife Resources Commission (NCWRC), Duke
System Operating Center (SOC) and Duke Transmission Control Center (TCC).
11. Voltage and Capacity Emergencies.— _ The electric transmission system serving the
Nantahala Area is part of the Licensee's main transmission system. The
Licensee's system is connected to other large transmission systems located in the
southeast. If the Licensee's system reliability is at risk due to Voltage and
Capacity Emergencies, the ability to provide secure and continuous electric
service to the Licensee's electric customers becomes compromised. The
Licensee's System Operating Center (SOC) and Transmission Control Center
(TCC) continuously monitor the electric transmission system. Therefore, for the
purposes of this protocol, a Voltage or Capacity Emergency will exist when
declared by the Licensee's SOC or TCC.
12. Large Extended Drawdown — Any drawdown of a Nantahala Area ROR Project
reservoir that will expose substantial lakebed areas for an extended period of time
that are not normally exposed during the year. For the purposes of this ROR
Project MEP document, a Large Extended Drawdown is any drawdown that is
expected to maintain a ROR Project's reservoir level greater than 1.0 foot below
the Normal Target Elevation for at least 30 consecutive days.
13. Revising the MEP — The Licensee will review the requirements of this MEP each
time it is used and will consult with the pertinent agencies if the Licensee
determines that revisions are warranted. The Licensee will file any revised MEP
with the FERC, including filing a license amendment request if the Licensee
determines that the amendment is needed.
Assumptions
Run -of -River Operation — The Subsequent or New Licenses for the Nantahala
Area ROR Projects are expected to require the Projects to be operated in such a
manner that outflow is approximately equal to inflow at any given time while
allowing variations during maintenance, emergencies, and equipment failures.
Guidance for Responding to Abnormal Situations
The table below identifies the most likely abnormal situations when this protocol will be
enacted and the license requirements that would most likely be impacted.

Project No. 2619 -012
-65-
Potentially
Abnormal Situation
Impacted
License
Re uirements
Situation
Situation Name
Indications
Run -of -River
Letter
Operations
A
Hydro Unit
Maintenance will require hydro unit
Yes
Maintenance
shutdown.
Maintenance of
Maintenance will require interruption of
B
Floodgates
scheduled releases from normal
Yes
locations (e.g., gates)
Condition A or B (i.e. dam failure has
Dam Safety
occurred, is imminent or a potentially
C
Concerns
hazardous situation exists) is declared
Yes
per Emergency Action Plan or other dam
safety concern is identified.
Voltage or capacity conditions on the
electric grid in the Licensee's system or
r
the larger regional electric grid cause the
D
Capacity
Licensee's system reliability and safety
Yes
Emergency
to be at risk and a voltage or capacity
emergency is declared by Licensee's
System Operating Center (SOC) or
Transmission Control Center (TCC).
Reservoir
Drawdown
Below Normal
Target
Elevation due to
The reservoir level is below Normal
E
Target Elevation by more than is
Yes
maintenance,
allowable for normal operation
emergency or
other reasons
(not due to low
or high inflow)
River Access
Safe access to regulated river reaches
F
Special
requires interruption of releases from
Yes
Circumstances
normal locations

Project No. 2619 -012 -66-
Communication with Resource Agencies and Affected Parties
General Notification
As soon as possible after the Licensee determines that the response to an abnormal
situation will potentially impact license conditions, the Licensee will add appropriate
messages to its public information Web site and /or its reservoir level toll -free phone
system to inform the general public. Specific consultation is discussed below for each
identified abnormal situation.
Notification and Consultation
Notification and consultation requirements are specified for each abnormal situation. The
Licensee will consider options suggested by the identified agencies and organizations that
could lessen the impact of the abnormal situation on the environmental, cultural and
human needs relative to the Project.

Project No. 2619 -012
Abnormal Situation A.1— Scheduled Hydro Unit Maintenance
Mitigating Actions
-67-
1. Scheduling — To the extent practical, the Licensee will avoid scheduling hydro unit
maintenance that would impact flow requirements for aquatic habitat or water quality
unless it is likely that the equipment condition will cause damage or unscheduled unit
maintenance if repairs are delayed.
2. Drawing Down the Affected Reservoir —To minimize the impacts to its electric
customers, the Licensee may choose to draw down a reservoir using its hydro units to
minimize spillage from the dam during maintenance operations.
3. Avoid Falling Below the Minimum Flow — To the extent practical, the Licensee will
avoid falling below the applicable Minimum Flow as noted above. If it is determined
that 100 percent exceedance of the Minimum Flow cannot reasonably be achieved,
the Licensee will work with the resource agencies to (a) monitor any potential aquatic
species impacts in the affected stream segments and (b) replace any aquatic species
mortalities that are identified.
Communication with Resource Agencies and Affected Parties
Abnormal Situation A.1— Scheduled Hydro Unit Maintenance
Notification
Consultation
Comments
NCDENR
Provide notification, initiate consultation and provide
FERC
NCWRC
agencies 30 days to comment on drawdown plan as soon
USFWS
as approximate dates are determined (typically months
in advance).
Consult at least 10 days prior to beginning the hydro
NCSHPO
unit outage or any reservoir drawdown if maintenance
EBCI
will affect Historic Properties ( NCSHPO) and include
consultation with the EBCI if the maintenance will
result in a Large Extended Drawdown.
Access Area
The Licensee will conduct notification procedures for
Closure
any temporary recreation facility /Access Area closures
Notification
(e.g., closure due to extended low reservoir levels).
As soon as possible after the Licensee determines that
the response to an abnormal situation will potentially
General
impact license conditions, the Licensee will add
appropriate messages to its public information Web site
and its reservoir level toll -free phone system to inform
the general public.

Project No. 2619 -012
Abnormal Situations A.2 — Unscheduled Hydro Unit Maintenance
Mitigating Actions
1. Drawing Down the Reservoir —To minimize the impacts to its electric customers, the
Licensee may choose to draw down a reservoir using its hydro units to minimize
spillage from the dam during maintenance operations.
2. Avoid Falling Below the Minimum Flow — To the extent practical, the Licensee will
avoid falling below the applicable Minimum Flow as noted above. If it is determined
that 100 percent exceedance of the Minimum Flow cannot reasonably be achieved,
the Licensee will work with the resource agencies to (a) monitor any potential aquatic
species impacts in the affected stream segments and (b) replace any aquatic species
mortalities that are identified.
Communication with Resource Agencies and Affected Parties
Abnormal Situation A.2 — Unscheduled Hydro Unit Maintenance
Notification
Consultation
Comments
FERC
If the maintenance will affect run -of -river operations,
NCDENR
NCDENR
perform notification as soon as possible after the
NCWRC
NCWRC
unscheduled hydro unit outage begins, but no longer than
USFWS
USFWS
5 days afterwards. Begin consultation within 10 days
after the unscheduled hydro unit outage begins.
Notify (within 5 days) and consult (within 10 days) after
NCSHPO
NCSHPO
the hydro unit outage or drawdown begins with
EBCI
EBCI
NCSHPO if maintenance will affect Historic Properties
and include consultation with EBCI if the maintenance
will result in a Large Extended Drawdown.
Access Area
The Licensee will conduct notification procedures for
Closure
any temporary recreation facility /Access Area closures
Notification
(e.g., closure due to extended low reservoir levels).
As soon as possible after the Licensee determines that the
response to an abnormal situation will potentially impact
General
license conditions, the Licensee will add appropriate
messages to its public information Web site and its
reservoir level toll -free phone system to inform the
general public.

Project No. 2619 -012
Abnormal Situation B.1— Scheduled Maintenance of the Normal Means of
Providing Minimum Flows
Mitigating Actions
Scheduling — To the extent practical, the Licensee will avoid scheduling
maintenance (e.g., floodgate maintenance requiring drawdown; hydro unit outage)
that would impact the ability of the Licensee to release flows for aquatic habitat or
water quality unless it is likely that the equipment condition will cause damage or
an unscheduled maintenance situation if repairs are delayed.
2. Drawing Down the Reservoir —To minimize the impacts to its electric customers,
the Licensee may choose to draw down a reservoir using its hydro units to
minimize spillage from the dam during maintenance operations.
3. Avoid Falling Below the Minimum Flow — To the extent practical, the Licensee
will avoid falling below the applicable Minimum Flow as noted above. If it is
determined that 100 percent exceedance of the Minimum Flow cannot reasonably
be achieved, the Licensee will work with the resource agencies to (a) monitor any
potential aquatic species impacts in the affected stream segments and (b) replace
any aquatic species mortalities that are identified.
Communication with Resource Agencies and Affected Parties
Abnormal Situation B.1— Scheduled Maintenance of the Normal Means of
P oviding Minimum Flows
Notification
Consultation
Comments
NCDENR
Provide notification, initiate consultation and provide
FERC
NCWRC
agencies 30 days to comment on drawdown plan as
USFWS
soon as approximate dates are determined (typically
months in advance).
Notify (within 5 days) and consult (within 10 days) after
NCSHPO
NCSHPO
the hydro unit outage or drawdown begins with
EBCI
EBCI
NCSHPO if maintenance will affect Historic Properties
and include consultation with EBCI if the maintenance
will result in a Large Extended Drawdown.
As soon as possible after the Licensee determines that
the response to an abnormal situation will potentially
General
impact license conditions, the Licensee will add
appropriate messages to its public information Web site
and /or its reservoir level toll -free phone system to
inform the general public.

Project No. 2619 -012
Abnormal Situation B.2 — Unscheduled Maintenance of the Normal Means of
Providing Minimum Flows
Mitigating Actions
-70-
Avoid Falling Below the Minimum Flow — To the extent practical, the Licensee
will avoid falling below the applicable Minimum Flow as noted above. If it is
determined that 100 percent exceedance of the Minimum Flow cannot reasonably
be achieved, the Licensee will work with the resource agencies to (a) monitor any
potential aquatic species impacts in the affected stream segments and (b) replace
any aquatic species mortalities that are identified.
Communication with Resource Agencies and Affected Parties
Abnormal Situation B.2 — Unscheduled Maintenance of the Normal Means of
Providing Minimum Flows
Notification
Consultatio
Comments
n
If the maintenance cannot avoid impacting run -of-
FERC
NCDENR
river operations, perform notification as soon as
NCDENR
NCWRC
possible after the unscheduled maintenance begins,
NCWRC
USFWS
but no longer than 5 days afterwards. Begin
USFWS
consultation within 10 days after the unscheduled
maintenance begins.
As soon as possible after the Licensee determines
that the response to an abnormal situation will
General
potentially impact license conditions, the Licensee
will add appropriate messages to its public
information Web site and /or its reservoir level toll -
free phone system to inform the general public.
Abnormal Situation C — Dam Safety Emergency
Mitigating Actions
1. Safety Must Come First — If a Condition A or B is declared per the Licensee's
Emergency Action Plan, or other dam safety concerns arise, the Licensee may
modify or suspend any license conditions immediately and for as long as
necessary to restore the dam to a safe condition.

Project No. 2619 -012
Communication with Resource Agencies and Affected Parties
-71-
Abnormal Situation C — Dam Safety Emergency
Notification
Consultation
Comments
Conducted strictly in accordance with the
Licensee's Emergency Action Plan. In cases
During EAP Condition A or B
Where dam safety concerns arise that are not a
or Other Dam Safety Concerns
Condition A or B per the Licensee's Emergency
Action Plan, consultation with resource agencies
and affected parties will occur as soon as possible,
after the dam safety concern arises.
As soon as possible after the Licensee determines
that the response to an abnormal situation will
Once Dam Safety Conditions
potentially impact license conditions, the Licensee
Have Stabilized
will add appropriate messages to its public
information Web site and /or its reservoir level toll -
free phone system to inform the general public.
The Licensee will conduct notification procedures
Access Area Closure
for any temporary recreation facility /Access Area
Notification
closures (e.g., closure due to extended low
reservoir levels).
Abnormal Situation D — Voltage and Capacity Emergencies
Mitigating Actions
Suspension of the Normal Run -of -River Project Operation — If a voltage or
capacity emergency (as defined above) occurs, the Licensee may modify or
suspend reservoir level operating limitations immediately and for as long as
necessary if doing so would allow additional hydro station operation that is needed
to restore the electric grid to a stable condition.
2. Conserving Water for Power Generation — If a voltage or capacity emergency (as
defined above)-occurs and if it is expected to continue for an extended period of
time (e.g. two weeks or more), the Licensee may reduce minimum flows to the
applicable Minimum Flow (as defined above). During a Voltage or Capacity
Emergency, the Licensee will not deviate from the normal license conditions to
conserve water for power generation strictly as a cost avoidance measure, but only
to assist in addressing the emergency.

Project No. 2619 -012
Communication with Resource Agencies and Affected Parties
-72-
Abnormal Situation D — Voltage and Capacity Emergencies
Notification
Consultation
Comments
FERC
Perform notification as soon as possible, but no
EN
NCDENR
NCDENR
longer than 5 days following the deviation from a
NC
NCWRC
license condition for Voltage or Capacity
USFWS
USFWS
Emergency reasons. Initiate consultation as soon as
possible.
Notify (within 5 days) and consult as soon as
NCSHPO
possible with NCSHPO if a Voltage or Capacity
NCSHPO
EBCI
Emergency will affect Historic Properties and
include consultation with EBCI if the emergency
will result in a Large Extended Drawdown.
Access Area
The Licensee will conduct notification procedures
Closure
for any temporary recreation facility /Access Area
Notification
closures (e.g., closure due to extended low reservoir
levels).
As soon as possible after the Licensee determines
that the response to an abnormal situation will
General
potentially impact license conditions, the Licensee
will add appropriate messages to its public
information Web site and its reservoir level toll -free
phone system to inform the general public.
Abnormal Situation E.1— Scheduled Reservoir Drawdown
Mitigating Actions
1. Scheduling — To the extent practical, the Licensee will avoid scheduling reservoir
drawdowns that would impact the ability of the Licensee to release the Minimum
Flow for aquatic habitat and water quality.
2. Avoid Falling Below the Minimum Flow — To the extent practical, the Licensee will
avoid falling below the applicable Minimum Flow as noted above. If it is determined
that 100 percent exceedance of the Minimum Flow cannot reasonably be achieved,
the Licensee will work with the resource agencies to (a) monitor any potential aquatic
species impacts in the affected stream segments and (b) replace any aquatic species
mortalities that are identified.

Project No. 2619 -012
Communication with Resource Agencies and Affected Parties
-73-
Abnormal Situation E.1— Scheduled Reservoir Drawdown
Notification
Consultation
Comments
NCDENR
Provide notification, initiate consultation and
FERC
NCWRC
provide agencies 30 days to comment on drawdown
USFWS
plan as soon as approximate dates are determined
(typically months in advance).
Consult at least 10 days prior to beginning the
NCSHPO
NCSHPO
reservoir drawdown if the drawdown will affect
EBCI
EBCI
Historic Properties ( NCSHPO) and include
consultation with the EBCI if the maintenance will
result in a Large Extended Drawdown.
Access Area
The Licensee will conduct notification procedures
Closure
for any temporary recreation facility /Access Area
Notification
closures (e.g., closure due to extended low reservoir
levels).
As soon as possible after the Licensee determines
that the response to an abnormal situation will
General
potentially impact license conditions, the Licensee
will add appropriate messages to its public
information Web site and its reservoir level toll -free
phone system to inform the general public.
Abnormal Situation E.2 — Unscheduled Reservoir Drawdown
Mitigating Actions
1. Avoid Falling Below the Minimum Flow — To the extent practical, the Licensee will
avoid falling below the applicable Minimum Flow as noted above. If it is determined
that 100 percent exceedance of the Minimum Flow cannot reasonably be achieved,
the Licensee will work with the resource agencies to (a) monitor any potential aquatic
species impacts in the affected stream segments and (b) replace any aquatic species
mortalities that are identified.

Project No. 2619 -012
Communication with Resource Aizencies and Affected Parties
-74-
Abnormal Situation E.2 — Unscheduled Reservoir Drawdown
Notification
Consultation
Comments
If the drawdown cannot avoid impacting run -of-
river operations, perform notification as soon as
FERC
NCDENR
possible, but no longer than 5 days after the
NCDENR
NCWRC
drawdown begins. Begin consultation within 10
NCWRC
USFWS,
days after the drawdown begins. Include
USFWS
NCSHPO,
consultation with the NCSHPO if the drawdown
EBCI
will affect Historic Properties and include
consultation with the EBCI if the drawdown will
be a Large Extended Drawdown.
Access Area
The Licensee will conduct notification procedures
Closure
for any temporary recreation facility /Access Area
Notification
closures (e.g., closure due to extended low
reservoir levels).
As soon as possible after the Licensee determines
that the response to an abnormal situation will
General
potentially impact license conditions, the Licensee
will add appropriate messages to its public
information Web site and its reservoir level toll -
free phone system to inform the general public.

Project No. 2619 -012
Abnormal Situation F — Special River Access Circumstances
Mitigating Actions
-75-
1. Avoid Falling Below the Minimum Flow — To the extent practical, the Licensee will
avoid falling below the applicable Minimum Flow as noted above. If it is determined
that 100 percent exceedance of the Minimum Flow cannot reasonably be achieved,
the Licensee will work with the resource agencies to (a) monitor any potential aquatic
species impacts in the affected stream segments and (b) replace any aquatic species
mortalities that are identified.
Communication with Resource Agencies and Affected Parties
Abnormal Situation F — Special River Access Circumstances
Notification
Consultation
Comments
If the Licensee must alter outflow from the Project
such that the stream flow will be reduced to a level
that is below the Minimum Flow, then the
NCDENR
Licensee will initiate consultation as soon as
FERC
NCWRC
possible after the dates are known, but at least 10
USFWS
days prior to beginning the temporary flow
alteration. Initiate consultation for unplanned river
access within 5 days after the temporary flow
alteration begins.
Access Area
The Licensee will conduct notification procedures
Closure
for any temporary recreation facility /Access Area
Notification
closures (e.g., closure due to extended low
reservoir levels.
As soon as possible after the Licensee determines
that the response to an abnormal situation will
General
potentially impact license conditions, the Licensee
will add appropriate messages to its public
information Web site and its reservoir level toll -
free phone system to inform the general public.

Project No. 2619 -012
Addendum No. 3
Duke Energy Carolinas, LLC
Nantahala Area Run -of -River Projects
Sediment Study Plan
May 27, 2010 (filed July 14, 2010)
-76-
In order to address concerns related to potential sediment releases that may be caused by
hydro project operation and maintenance, Duke Energy Carolinas, LLC's (Duke) License
Applications for the Nantahala Area Run -of -River (ROR) Projects (Projects) (i.e., the
Mission, Bryson and Franklin Projects) proposed the development of a Long -Term
Sediment Management Plan. The FERC concurred with this recommendation (i.e.,
Nantahala West Project Final Environmental Assessment -July 12, 2006) and stated its
expectation that Duke consult with the appropriate resource agencies to develop a Long -
Term Sediment Management Plan for the ROR Projects, as well as specific Lake Level
and Flow Management Plans (under a separate cover).
Purpose
The purpose of the Nantahala Area ROR Projects Sediment Study Plan is to provide a
framework and guidelines for appropriate management of sediment and monitoring of
sediment releases associated with normal maintenance and emergency activities. This
study plan will provide the basis for a Long -Term Sediment Management Plan that will
be developed after completion of this Sediment Study in consultation with the resource
agencies.
Objectives
The objectives of the Sediment Study Plan for the ROR Projects are as follows:
1) Describe sediment study procedures during the first normal sediment
maintenance operation at one of the Nantahala Area ROR Projects.
2) Provide information to allow the Licensee to develop a Long -Term Sediment
Management Plan.
Sediment Management
The proposed Sediment Study for the Nantahala Area ROR Projects (i.e., Mission,
Bryson, and Franklin Projects) is based upon a pragmatic approach incorporating general
knowledge of sediment behavior but flexible enough to incorporate existing or future
knowledge of sediment transport and any subsequent impact to downstream aquatic life
including listed species and important or designated critical habitats. The basic approach
for either limited sediment removal operations or reservoir drawdown involves four steps,
namely: (1) planning, (2) consultation, (3) monitoring, and (4) documentation.

Project No. 2619 -012
-77-
The first step in the development of a Long -Term Sediment Management Plan is to
identify, through this initial pilot study, the appropriate protocols and evaluation of
acceptable boundaries of sediment loading due to limited sediment removal (i.e., intake
zone) and /or reservoir drawdown. After gathering this initial information, the second
step of this process is to incorporate this information into a Long -Term Sediment
Management Plan which will guide the planning, consultation, monitoring, and
documentation of future sediment removal or drawdown activities.
Sediment Removal Pilot Study
This study would be conducted on the first sediment removal operation at the Franklin,
Bryson, or Mission Projects following the submittal of this Sediment Study Plan to the
North Carolina Division of Water Quality (NCDWQ) as an addendum (Addendum No. 3)
to Duke's Application for 401 Water Quality Certification (401 WQC) for each
Nantahala Area ROR Project filed with NCDWQ in June, 2009. Since many aspects of
the geography, geology and river conditions are similar between the ROR Projects, the
results of this pilot study may provide the basis for future limited sediment removal
activities for the other ROR Projects in the Nantahala Area.
Limited sediment removal in the immediate vicinity of the intake areas (i.e., forebay) of
the powerhouses typically involves removing accumulated debris and sediment from the
reservoir via a mechanical bucket and barge method. In the past, up to approximately
6,000 cubic yards of sediment have been removed at one time from the individual ROR
Project forebay areas. However, even though most of the material is removed, some fine -
grained sediments such as silts are re- suspended in the water column during the process
and moved downstream. Since the Licensee typically does not operate the generating
units during sediment removal operations, the re- suspended sediments would move
downstream by spilling over the dam or, if necessary, through the Tainter gates.
The process for the initial Sediment Removal Pilot Study will be as follows:
Establish Methodology and Assessment for Limited Sediment Removal Operation
1) Limited Sediment Removal
a) Operations would be planned during periods with Project inflows that are
equaled or exceeded 25% to 50% of the time.
b) Operations would be conducted at drawdowns of approximately 3 feet
below the Normal Target Elevation and under the notification and
consultation requirements as described in the Nantahala Area ROR Projects
Maintenance and Emergency Protocol (which is an Appendix to this
document and which has already been filed with NCDWQ as an

Project No. 2619 -012
Appendix to Addendum No. 1 to Duke's 401 WQC Application. To avoid
confusion, Duke is not including this Appendix again in this filing of
Addendum No. 3).
2) Forebay Assessment
a) Volume of Sediment Removed
i. Perform a depth survey in the immediate intake area prior to
sediment removal and estimate the total volume of material to be
removed
ii. Utilize the same methodology to perform a depth survey in the
immediate intake area after sediment removal to estimate the total
volume of material that was removed
b) Develop Protocol for Measurement of Sediment
i. Prior to sediment removal
1. Sample (i.e., gradation) the sediments to be removed and
estimate the potential for re- suspension
2. Establish relationship between turbidity (field estimate of
suspended solids) to wet weight and dry weight of sediment
remaining in suspension
ii. During Limited Sediment Removal
1. Sample (i.e., gradation) the suspended sediments transported
into the reservoir during limited sediment removal
2. Sample (i.e., gradation) the suspended sediments transported
from the reservoir during limited sediment removal.
Sediment removal will cease temporarily when downstream
turbidity is greater than 50 NTU above ambient. Sediment
removal will restart when downstream turbidity
measurements are 25% or less above ambient turbidity.
3. Establish relationship between turbidity (field estimate of
suspended solids) to wet weight and dry weight of sediment
from sediment samples
ill. Develop Protocol for Measurement of Total Sediments Transported
from Reservoir Due to Sediment Removal
1. Measure (calculate) spill flow
2. Calculate total sediments transported into the reservoir (mass
per day, mass total)
3. Calculate total sediments transported from the reservoir (mass
per day, mass total)

Project No. 2619 -012
3) River Assessment
-79-
a) Establish monitoring stations at `sensitive' sites (sites either of biological
interest including the known listed species communities and critical
habitats and /or those considered prone to deposition such as shoals) in
consultation with federal and state agencies
i. Sample water for suspended sediments (able to calculate mass per
day, mass total)
ii. Pre and post sediment removal operations, sample substrate for
deposition
b) Document deposition areas and particle size distribution through bedload
sampling and photography.
4) Report
a) Document the methods, results, conclusions and recommendations of the
reservoir and river assessment and provide to the pertinent agencies (i.e.,
Federal Energy Regulatory Commission (FERC), United States Fish and
Wildlife Service (USFWS), North Carolina Division of Water Resources
(NCDWR), North Carolina Division of Water Quality (NCDWQ), and North
Carolina Wildlife Resources Commission (NCWRC) for review).
b) The results, conclusions and recommendations will provide the bases for the
future Long -Term Sediment Management Plan.

Project No. 2619 -012 _80-
Long -Term Sediment Management Plan Development
Based upon results of the Sediment Removal Pilot Study, Duke will prepare a Long -Term
Sediment Management Plan to guide future sediment removal operations at the Nantahala
Area ROR Projects. The Long -Term Sediment Management Plan will include a
maintenance drawdown and refill protocol that minimizes flow fluctuations and reservoir
sediment mobilization by addressing rates of drawdown and refill (to coincide with
precipitation events and rising hydrograph) and scheduling drawdowns to coincide with
season of least potential for harm to downstream aquatic communities, whenever
possible. In addition to the specific elements provided by the Sediment Removal Pilot
Study, the Long -Term Sediment Management Plan will also include several basic
elements, including the following:
1) Short Ternn Sediment k6nitoring Shady
Once the FERC has issued the New License for the Franklin Project, Duke has fully
implemented the Lake Level and Flow Management Plan at the Franklin Project and
the two hydro units at the Franklin Project are fully restored to operational status,
Duke will implement a short -term turbidity and /or suspended solids monitoring study
at the Franklin Project for a period of two years. The monitoring will cover a range of
operating conditions and river flows and will be used in the development of the Long -
Term Sediment Management Plan for the Nantahala Area Run -of -River Hydro
Projects. In order to conduct this study, Duke will utilize measurements that are
already being provided by USGS at the existing Cartoogechaye Creek gage to develop
a measurement of turbidity and /or suspended solids in inflows to the Franklin Project.
For measurements downstream of the Franklin Project, Duke will contract with the
USGS to include turbidity and /or suspended solids monitoring at the USGS gage at
the Iotla Bridge (i.e., the USGS streamflow gage that Duke is proposing to reactivate
for a 10 -year period per the Franklin Project Lake Level and Flow Management Plan)
for a period of two years. After this two -year monitoring period, Duke will prepare a
report summarizing the information and consult with the USFWS, NCWRC,
NCDWQ, and NCDWR on study results.
2) Trash and [Debris nagement -,
The Licensee will remove man -made trash from the intake racks and properly dispose
of the trash in accordance with the Project's proposed trash removal plan.
3) Sediment Uhnagement Ran Gb ponenits
The Long -Term Sediment Management Plan will incorporate trash rack maintenance
guidelines, debris /sediment management and removal, and guidelines for emergency
drawdown including drawdown procedures, timing, rates of drawdown and refilling,
and agency notification. The Licensee will conduct a post - relicensing study to

Project No. 2619 -012
determine what the adequate instream flows are if the September median flows cannot
be met during those very infrequent periods.
4) Notification and Consultation
The proposed Long -Term Sediment Management Plan will be prepared in
consultation with the pertinent federal and state agencies (i.e., FERC, USFWS,
NCDWR, NCDWQ, and NCWRC). Communication with resource and regulatory
agencies about maintenance and emergency operations at the ROR Projects is a
critical component of protecting the environmental resources downstream of these
facilities. The Nantahala Area ROR Projects Maintenance and Emergency Protocol
(MEP) is included as the Appendix to this document and covers the appropriate
notifications and consultations required when a ROR Project reservoir must be drawn
down or sediment removal is required. The proposed Long -Term Sediment
Management Plan will also include the appropriate notifications and consultations.
5) Guidelines for Planned and Emergency Maintenance Operations
Following are the initial guidelines for conducting reservoir drawdowns or sediment
removal operations:
a) As much as reasonably possible and except for emergency situations (see
Appendix), the Licensee will endeavor in good faith to conduct sediment
releases only during periods of high flows, cold temperatures, and low
probability aquatic life spawning periods (e.g., spotfin chub spawning periods
from June through August).
b) Based on the Sediment Removal Pilot Study, site specific guidelines will be
established for trashrack maintenance, emergency drawdowns, Tainter gate
operation, drawdown rates and refill, offsite disposal, monitoring, and
reporting during sediment removal operations.
6) Plan Adjustments
After five full calendar years of operations under the provisions of the Long -Term
Sediment Management Plan (i.e., after completion of the pilot study, the short -term
sediment monitoring study and development and FERC approval of the final Long -
Term Sediment Management Plan), the Licensee will consult with the agencies to
review the implementation of the Plan and to determine if any Plan changes are
needed and agreeable to all the pertinent federal and state agencies and the Licensee.
Any such meeting will be scheduled and held no later than October 31 of the
appropriate year.

NCDETIR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director Secretary
July 30, 2010
Steven D. Jester, Vice President
Hydro Strategy, Licensing and Lake Services
Duke Energy Carolinas, LLC
526 South Church Street
P.O. Box 1006
Charlotte, NC 28201 -1006
Re:
Nantahala Hydroelectric Project
Macon and Clay Counties
DWQ #2003 -1110, Version 6.0; Federal Energy Regulatory
Commission Project Number 2692
APPROVAL of 401 Water. Quality Certification - REVISED
Dear Mr. Jester:
Attached hereto is a copy of Certification No. 3829 issued to Duke Energy Carolinas, LLC dated
July 30, 2010. In addition, you should get any other applicable federal, state or local permits
before .you go ahead with your project including (but not limited to) Solid Waste, Sediment and
Erosion Control, Stormwater, Dam Safety, Non - discharge and Water Supply Watershed
regulations.
If we can be of further assistance, do not hesitate to contact us.
Si rely,
Coleen H. Sullins
CS /jrd
cc: Kevin Barnett, DWQ, Asheville Regional Office
Roger Edwards, DWQ Asheville Regional Office
File Copy
Jim Mead, NC Division of Water Resources
Ms. Kimberly D. Bose, Secretary, Federal Energy Regulatory Commission, 888 First
Street, N.E., Washington, DC 20426
Steve Johnson, Duke Energy Carolinas — Hydro Strategy and Licensing
401 Oversightlftpress Review Permitting Unit
1650 Mail Service Center, Raleigh, North Carolina 27699 -1650
Location: 2321 Crabtree Blvd„ Ralegh, North Carolina 27604
Phone: [phone] FAX: 919 - 733-6893
Internet: http: /m2o.enrstate.nc.uslncwetlands/
An Equal Opportunity l Affirmative Action Employer
Filename: Duke Energy Nantahala 401 version 1.6
NWe Calina
A wroa!!

Duke Energy Carolinas; LLC ,
Page 2 of 4 `
July 30, 2020
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 or the Division) Regulations in 15 NCAC 21-1, Section .0500 to Duke
Energy Carolinas, LLC to continue the operation of hydropower dams at the Nantahala
Hydroelectric Project in Macon and Clay Counties, North Carolina pursuant to an application
filed on the 7th day of December 2009 which included the Nantahala Cooperative Stakeholder
Team (NCST) Settlement Agreement dated October 23, 2003 and executed on October 29,
2003.
The application and supporting documentation provide adequate assurance that the proposed
work 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 portionsof Sections 301, 302, 303, 306, 307 of PL 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 submitted in the application materials and
as described in the Public Notice. If the project is changed, a new application for a new
Certification is required. If the property is sold, the new owner must be given a copy of the
Certification and approval letter and is thereby responsible for complying with all conditions of
this Certification. Any new owner must notify the Division and request the Certification be
issued in their name. Should wetland or stream fill be requested in the future, additional
compensatory mitigation may be required as described in 15A NCAC 2H .0506 (h) (6) and (7).
If any plan revisions from the approved site plan result in a change in stream or wetland impact
or an increase in impervious surfaces, the DWQ shall be notified in writing and a new
application for 401 Certification may be required. For this approval to be valid, compliance with
the conditions listed below is required.
Conditions of Certification:
1. No waste, spoil, solids, or fill of any kind shall occur in wetlands, waters, or riparian areas
beyond the footprint of the impacts depicted in the Certification. All construction activities,
including the design, installation, operation, and maintenance of sediment and erosion
control Best Management Practices, shall be performed so that no violations of State
Water Quality Standards, Statutes, or Rules occur.
2. Sediment and erosion control measures shall not be placed in wetlands or waters to the
maximum extent practicable. If placement of sediment and erosion control devices in
wetlands and waters is unavoidable, they shall be removed and the natural grade restored
within six months of the date that the North Carolina Division of Land Resources has
released the project.
3. Duke Energy Carolinas, LLC shall identify and report in writing existing and proposed
consumptive uses of Nantahala Project waters to DWQ and the North Carolina Division
of Water Resources (DWR). Duke Energy Carolinas, LLC shall report the existing or
projected (as appropriate) average consumptive withdrawal and maximum approved
Withdrawal capacity for each water intake in excess of one million gallons per day that is
located or proposed for location within the Federal Energy Regulatory Commission

Duke Energy Carolinas, LLC
• Page 3 of 4
July 30, 2010
(FERC) Project boundary, Duke Energy Carolinas, LLC shall report existing
consumptive uses to DWQ and ,DWR within 60 days following the acceptance of the
License and shall report proposed new or expanded consumptive uses to DWQ and
DWR within 30 days following receipt of a written request for approval of a proposed
new or expanded withdrawal and before submitting any approval requests to FERC.
4. 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 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 the
North Carolina Department of Environment and Natural Resources (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.
Continuinq Compliance
5. Duke Energy Carolinas, LLC 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) and any other appropriate requirements of State
law and federal law. If the Division determines that as a result of the discharge or
operation of the Nantahala Project such standards or laws are not being met (including
the failure to sustain a designated or achieved use) or that State or federal law is being
violated, or that further conditions are necessary to assure compliance, the Division may
reevaluate and modify this Certification to include conditions relative to the discharge or
operation of the Nantahala Project appropriate to assure compliance with such
standards and requirernei ito in accordance with i 5A NGAC 2H.0507(d). Beiui e
modifying the Certification, the Division shall notify Duke Energy Carolinas, LLC and the
FERC, provide public notice in accordance with 15A NCAC 2H.0503 and provide
opportunity for public hearing in accordance with 15A NCAC 21-1.0504. Any new or
revised conditions shall be provided to Duke Energy Carolinas, LLC in writing, shall be
provided to the FERC for reference in any Permit or License issued by that agency and
shall also become conditions of the FERC License for the project.
Other Conditions
6. Comprehensive Settlement Agreement — The Comprehensive Settlement Agreement
dated October 23, 2003 is hereby incorporated into this Certification by reference. In
particular, the following sections, including any attachments identified within those
sections, of the NCST Settlement Agreement dated October 23, 2003 are hereby
incorporated into this Certification by reference: Section 1.0 (Reservoir Level
Agreements); Section 4.0 (Minimum Flow Agreements for Bypassed Reaches); Section
7.0 Shoreline Management; Section 9.0 (Sediment Management Agreements); Section
13.0 Agreements on Compliance Monitoring and Reporting Requirements as well as

Duke Energy Carolinas, LLC
Page 4 of 4
July 30, 2010
Attachment B - Low Inflow Protocol (LIP) for the Nantahala Project and Attachment C -
Hydro Project Maintenance and Emergency Protocol (HPMEP) for the Nantahala
Project. If Duke Energy Carolinas, LLC believes that any of the listed sections or
attachments of that Comprehensive Settlement Agreement are not pertinent to water
quality, then they shall so notify DWQ in writing for DWQ's written concurrence.
Also, this approval to proceed with your proposed impacts or to conduct impacts to
waters as depicted in your application shall expire upon expiration of the License that
the FERC will issue subsequent to this Certification.
If you wish to contest any statement in the attached Certification you must file a petition for an
administrative hearing. You may obtain the petition form from the office of Administrative
hearings. You must file the petition with the office of Administrative Hearings within sixty (60)
days of receipt of this notice. A petition is considered filed when it is received in the office of
Administrative Hearings during normal office hours. The Office of Administrative Hearings
accepts filings Monday through Friday between the hours of 8:OOam and 5:OOpm, except for
official state holidays. The original and one (1) copy of the petition must be filed with the Office
of Administrative Hearings.
The petition may be faxed provided the original and one copy of the document is received by
the Office of Administrative Hearings within five (5) business days following the faxed
transmission.
The mailing address for the Office of Administrative Hearings is:
Office of Administrative Hearings
6714 Mail Service Center
Raleigh, NC 27699 -6714
Telephone: (919) - 733 -2698, Facsimile: (919) - 733 -3478
A copy of the petition must also be served on DENR as follows:
Ms. Mary Penny Thompson, General Counsel
Department of Environment and Natural Resources
1601 Mail Service Center,
Raleigh, NC 27699 -1601
This the 30th day of July 2010
DIVISION OF W UALITY
oleen H. Sullins
CS /jrd