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HomeMy WebLinkAbout20070812 Ver 1_WRC Comments_20070718North Carolina Michael F. Easley, Governor ~~ :: w. ~ NCDENR Department of Environment and Division of Water Resources July 18, 2007 Mr. John Dorney N.C. Division of Water Quality Wetlands and Stormwater Branch 2321 Crabtree Boulevard Raleigh, NC 27604 Subject: Application for Section 401 Water Quality Certification Yadkin Hydroelectric Project (FERC No. 2197) Alcoa Power Generating Inc., Stanly County DWQ Project Number 2007-0812 Dear Mr. Dorney: William G. Ross Jr., Secretary John Morris, Director The Division of Water Resources (NCDWR) has reviewed the application fora 401 water quality certification submitted by Alcoa Power Generating Incorporated (APGI) in conjunction with the license application submitted to the Federal Energy Regulatory Commission (FERC) for APGI's Yadkin Hydroelectric Project. NCDWR has been an active participant during the relicensing process and our involvement has included: scoping and refining issues to be addressed; reviewing and/or designing plans for technical studies; participating in field studies; active membership in various technical work groups; reviewing and commenting on the results of technical studies; and suggesting and evaluating various project alternatives. We have reached consensus with other resource agencies and other interest groups regarding the protection, mitigation, and enhancement measures needed for this project. NCDWR signed a Relicensing Settlement Agreement (RSA) on March 5, 2007 -along with other NCDENR divisions, resource agencies, APGI, and the majority of stakeholders involved in the relicensing process. Components of the RSA include agreements that: provide for releases to allow an enhanced instream flow regime for the Pee Dee River downstream of Blewett Falls Dam; manage downstream releases during drought or emergency conditions; require project modifications to meet State water quality standards for dissolved oxygen in tailwaters; improve reservoir levels; and modify the shoreline management plan. One 1611 Mail Service Center, Raleigh, North Carolina 27699-1611 NorthCarolina Phone: 919-733-40641 FAX; 919-733-35581 Internet: www,ncwater.org ~aturatlr~ An Equal Opportunity /Affirmative Action Employer - 50 % Recycled 110 % Post Consumer Paper Natural Resources Letter from S. Reed to J. Dorney, 7/18/07 APGI 401 Certification, Page 2 We recommend that the attached conditions be included in the 401 certification. These recommendations are drawn from the appropriate sections of the Relicensing Settlement Agreement related to project operations, instream flows, water quality, reservoir shoreline protection and compliance monitoring. Where necessary, revisions to reporting requirements and review and approval authority were made to reflect the Division of Water Quality's responsibilities under section 401 of the Clean Water Act (as opposed to FERC's authority subject to the new license). We also recommend that the 401 certificate for this Project include the standard 401 conditions used in response to other hydropower relicensing submittals, include re-opener provisions The two attached appendices are drawn verbatim from the RSA because we would expect that they would be incorporated by reference in the 401 certificate, rather than re-written as conditions in the main text. Notes were added in a few instances where "NCDWQ" should be substituted for "FERC" or "Commission" in these appendices -specifically in the sections that describe approval of LIP or HPMEP updates or revisions, and approval of additional stages (level 4 and beyond) to the LIP. Unless expressly stated otherwise, references to the "License" in the attached recommended conditions are to the new FERC license for which NCDWQ is considering issuing a 401 certificate, and the reference includes the new license and all annual licenses thereafter. These references to the FERC license were retained in large part because the issuance and term of this license determines the schedule and duration of subsequent enhancements. If you have questions regarding these recommendations, please contact me at 919-715-5424 or Steven.Reed@ncmail.net. The Division of Water Resources would appreciate receiving a draft version of the 401 certification before it is released for public comment, so that we can review it and discuss any questions we might have with you and your staff. Sincerely, Steve Reed Hydropower Licensing Coordinator attachments cc: Jim Mead and John Sutherland - NCDWR Darlene Kucken - NCDWQ Todd Ewing - WRC Marc Bernstein (NC DOJ) 2 Proposed Conditions for Inclusion in the North Carolina 401 Water Quality Certificate Project Operations Unless in accordance with the Hydro Project Maintenance and Emergency Protocol (HPMEP) and Low Inflow Protocol (LIP), Project minimum flows take priority over reservoir water elevations, as specifically described in Articles PO-1 and PO-2, below. Article PO-1 -Reservoir Operations A. High Rock Reservoir Operations The Applicant shall operate High Rock Reservoir at or above the normal minimum elevation (NME) as depicted on the High Rock Operating Curve (Figure PO-1), except as needed in order to maintain minimum flows or as provided under the Low Inflow Protocol (LIP) or the Hydro Project Maintenance and Emergency Protocol (HPMEP). High Rock Reservoir may be drawn down below its NME in order to meet the Required Minimum Instream Flow at Falls, as specified in Article PO-2, only after Narrows Reservoir has reached its NME. If High Rock Reservoir water elevation is below the NME at 12:01 AM on any operating day, where the operating day is defined as 12:01 AM through 12:00 midnight, the Applicant shall reduce releases from High Rock Reservoir for that operating day up to a maximum of the daily average flow equivalent of the minimum flow requirement at Falls, as specified in Article PO-2. Under this condition, releases from Falls will be limited to those defined in Article PO-2. Figure PO-7. High Rock Reservoir Operating Curve Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec 624.9 623.9 622.9 621.9 ~ 620.9 ~ 619.9 618.9 0 m 617.9 a w 616.9 ~ 615.9 ~ 614.9 613.9 612.9 611.9 610.9 F II Pond EI vation (62 .9 ft) i - - ~ i -~ I 1 ----- ~ -- ~ -- - -- ---- - .. ---- ~ - __ _ '- _ __ --- - --- - i i ~ _- - -..__ _ , _.__ 1 _ _ _ _ ---- - _ .. __ - - ---.. ~- - - --- -~ --- Note: During periods for fill and drawdown during March and November High Rock Reservoir would transition between the 4 foot and 10 Operating Curve with water , elevations increasing or decreasing, as applicable, generally along a straight line. Normal Minimum Elevation - -Full Pond 4 B. Tuckertown Reservoir Operations The Applicant shall operate Tuckertown Reservoir at or above the NME as depicted on the Tuckertown Operating Curve (Figure PO-2), except as provided in the HPMEP. 565.7 564.7 563.7 562.7 ~ 561.7 ~ 560.7 559.7 c 0 .~ 558.7 m w 557.7 .o ~ 556.7 ~ 555.7 554.7 553.7 552.7 551.7 Figure PO-2. Tuckertown Reservoir Operating Curve Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec Ful Pond Ele ation (56 7 ft) ----- - i i Normal Minimum Elevation - -Full Pond 5 C. Narrows Reservoir Operations The Applicant shall operate Narrows Reservoir at or above the NME as depicted on the Narrows Operating Curve (Figure PO-3), except as needed in order to maintain minimum flows, or as provided under the LIP or HPMEP. 510.8 509.8 508.8 507.8 ~ 506.8 N ~ 505.8 x 504.8 0 503.8 w w 502.8 0 i_ 501.8 m ~ 500.8 499.8 498.8 497.8 496.8 Figure PO-3. Narrows Reservoir Operating Curve Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec - - --- ---_----~----- - I _...---..._............- ---- Full and Elev tion (509. ft) _-_ -- -, - -- -- ---~ -- ---- i - --- ---- -t.------ ---- i ---I ----- -- ----- Normal Minimum Elevation - -Full Pond 6 D. Falls Reservoir Operations The Applicant shall operate Falls Reservoir at or above the NME as depicted on the Falls Operating Curve (Figure PO-4), except as provided in the HPMEP. 333.8 332.8 331.8 330.8 ~ 329.8 rA ~ 328.8 327.8 c O 326.8 d w 325.8 0 ~ 324.8 H ~ 323.8 322.8 321.8 320.8 319.8 Figure PO-4. Falls Reservoir Operating Curve Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec Full Po d Elevati n (332.8 ft I _~ _ - --_ --- i --- ___... __ _- - ._ _. _ .-_. _ _ _.__ _-- -- - i - --- --- +--- - - Normal Minimum Elevation - -Full Pond E. Reservoir Stabilization to Enhance Fish Spawning From April 15 through May 15 of each year, the Applicant will endeavor to maintain reservoir water elevations at all four Project reservoirs no lower than -1.0 feet below the elevation of each reservoir on April 15 to enhance conditions for fish spawning in the reservoirs. No later than August 31 of each year, the Applicant will report the resulting reservoir water elevations at each reservoir during the April 15 through May 15 period in a letter report to the North Carolina Wildlife Resources Commission (NCWRC). The letter report will provide an explanation of any circumstances that prevented the Applicant from maintaining the target water elevations. Within 60 days of filing the letter report with the NCWRC, a copy of the letter report will be filed with NCDWQ and FERC. Satisfaction of these reporting commitments shall constitute compliance with this Article. 7 Article PO-2 -Project Instream Flows A. Required Minimum Instream Flows Commencing no later than six months from the effective date of the License and except when operating under the Low Inflow Protocol (LIP) or Hydro Project Maintenance and Emergency Protocol (HPMEP), the Applicant shall operate the Project to provide a daily average minimum flow from the Falls Development according to the following schedule: June 1 -January 31 1,000 cfs February 1 -May 15 2,000 cfs May 16 -May 31 1,500 cfs B. Flow Adjustment for Enhancement of Downstream Spawning The Applicant will work with the licensee of the Yadkin-Pee Dee River Project, FERC No. 2206, (Downstream Licensee), the North Carolina Division of Water Resources (NCDWR), the North Carolina Wildlife Resources Commission (NCWRC), the South Carolina Department of Natural Resources (SCDNR), the U.S. Fish and Wildlife Service (USFWS), the National Marine Fisheries Service (NMFS), The Nature Conservancy (TNC) and American Rivers (collectively, Group) to develop a process to allow the Downstream Licensee to provide adjusted flow between February 1 and May 15 to enhance spawning conditions in the lower river downstream of the Blewett Falls development, part of the Yadkin-Pee Dee River Project. The Applicant's role in enhancing downstream spawning below Blewett Falls will be limited to: Attending an annual meeting with the Group, if held, to consider expected flow and hydrologic conditions and to schedule adjusted flow period(s) for the upcoming spawning season, and 2. Once the schedule for adjusted spawning flow period(s) has/have been established by the Group, the Applicant will communicate its daily generation/flow release schedule during the adjusted spawning flow period(s) to the Downstream Licensee at least one week in advance of the start of the adjusted spawning flow period(s). If unexpected hydrologic conditions, or other conditions, such as those covered in the Low Inflow Protocol (LIP, Appendix A) or the Hydro Project Maintenance and Emergency Protocol (HPMEP, Appendix B), occur during any adjusted spawning flow period, the Applicant shall communicate to the Downstream Licensee any resulting changes in its daily generation/flow release schedule for the remainder of that adjusted spawning flow period. The Applicant will not be required to attempt to match Yadkin Project outflow to inflow during any adjusted spawning flow period(s), nor will the Applicant be required to provide an instantaneous minimum flow release from the Yadkin Project during any adjusted spawning flow period(s). 8 The Applicant's participation in enhancement of downstream spawning will take place within the confines of the other requirements of the New License and 401 Water Quality Certification relating to management of flows and reservoir water elevations, and would not result in any modification of those flow and reservoir management requirements. Specifically, nothing in this section will require or cause the Applicant to fall below the Project Minimum Flows as described in Article PO-2 or to have to modify its reservoir operations as prescribed in Article PO-l. If state and federal agencies and the Downstream Licensee are unable to come to an agreement on what measures are to be undertaken by the Downstream Licensee to achieve Flow Adjustment for Enhancement of Downstream Spawning, the Applicant will be under no obligation to meet the commitments outlined in Article PO-2, section B. Article PO-3 -Flow and Reservoir Elevation Monitoring Within six months of the effective date of the License, the Applicant shall file with the North Carolina Division of Water Quality (NCDWQ) a final Flow and Reservoir Elevation Monitoring and Compliance Plan for the Yadkin Project. The Flow and Reservoir Elevation Monitoring and Compliance Plan shall be developed in consultation with the North Carolina Division of Water Resources (NCDWR), the South Carolina Department of Natural Resources (SCDNR), the U.S. Geological Survey (USGS) and the Downstream Licensee (the Licensee of the Yadkin-Pee Dee River Project, FERC No. 2206), and shall include detailed provisions for monitoring reservoir water elevations and for monitoring flows from both the Narrows and High Rock developments. The Applicant shall include with the final plan documentation of consultation, copies of comments and recommendations on the draft plan after it has been prepared and provided to the agencies and Downstream Licensee, and specific descriptions of how comments are accommodated by the final plan. The Applicant shall allow a minimum of 30 days for the agencies and Downstream Licensee to comment prior to filing the plan with the NCDWQ. If the Applicant does not adopt a recommendation, the filing shall include the Applicant's reasons, based on Project-specific information. The NCDWQ reserves the right to require changes to the plan. Upon NCDWQ approval, the Applicant shall implement the plan, including any changes required by the NCDWQ. The Applicant shall file the final plan with NCDWQ within 30 days of receiving Commission approval. A. Releases from High Rock Development Flow monitoring from the High Rock Development will serve as the measure for the flow releases from the High Rock Development required under Article PO-1 or under the Low Inflow Protocol (LIP). Daily average flows within +25% of the applicable maximum flow, measured from 12:01 AM to 12:00 midnight, shall be considered compliant for each operating day. 9 B. Releases from Falls Development Flow monitoring from the Narrows Development will serve as the compliance measure for the flow release from the Falls Development required under Articles PO-1, PO-2 or under the LIP. Daily average flows within -5% of the applicable minimum flow, measured from 12:01 AM to 12:00 midnight, shall be considered compliant for any operating day so long as: a) Whenever High Rock Reservoir is at or above its normal minimum elevation (NME), the applicable daily average minimum flow is achieved on a weekly average basis, measured from 12:01 AM Saturday to 12:00 midnight Friday. b) Whenever High Rock Reservoir is drawn down below its NME (when a maximum release from Falls is also applicable), releases from Falls shall be limited to +/- 5% of the cfs equivalent of the Required Instream Minimum Flow at Falls, as measured on a weekly average basis from 12:01 AM Saturday to 12:00 midnight Friday. The Applicant shall endeavor to meet the Required Minimum Instream Flows required in Article PO-2, and shall not routinely use the flow variances provided above. The Applicant shall prepare an annual flow monitoring report documenting its compliance with minimum flow releases, including a record of any days during the year when the daily average required minimum instream flow fell within the -5% and was made up as part of the weekly average, a record of flows during any period when High Rock was below its NME, and a record of any LIP events. By no later than March 31 of the following year, the Applicant shall file the report with NCDWQ of the North Carolina Department of Environment and Natural Resources (NCDENR) summarizing its evaluation. If, based on the results of the report, the State of North Carolina has a concern about the frequency or pattern of use of the variance by the Applicant, the State may request consultation with the Applicant to discuss the Applicant's reasons for that use and any practicable alternatives to that use. Article PO-4 -Low Inflow Protocol (LIP) This Article highlights the responsibilities of the Applicant from Appendix A, "Low Inflow Protocol for the Yadkin and Yadkin-Pee Dee River Hydroelectric Projects." The complete text of the LIP is also attached for inclusion by reference in the 401 Water Quality Certificate. A. Definitions The following definitions shall be applicable to this Article PO-4: • Stream Gage Three-Month Rollin Avera eg Fiow -The three-month rolling average of streamflow at the following U.S. Geological Survey (USGS) stream gages: o Yadkin River at Yadkin College (02116500) o South Yadkin River near Mocksville (02118000) o Abbotts Creek at Lexington (02121500) o Rocky River near Norwood (02126000) 10 On the last day of each month, the Applicant shall calculate the arithmetic mean of (a) the daily flows of the current month and (b) the arithmetic mean of the daily flows of each of the two preceding months. The sum of the three-month rolling average for these four gage stations shall be compared by the Applicant to the Historic Stream Gage Three-Month Rolling Average Flow for the corresponding period and a percentage of Historic Three- Month Rolling Average shall be calculated. • Historic Stream Gage Three-Month Rolling Avera e~ -The historical three- month rolling average flow for each of the four designated USGS stream gages for the period 1974 through 2003 (except for the Abbotts Creek gage, for which the period is 1988 through 2003) are set forth in Table LIP-1 below: Table LIP-1. Historic Stream Gage Three-Month Rolling Average Flow For Evaluation of Flow Trigger on: Average of daily flows during:., Historic Three-Month Rolling Average,Flow, cfs January 1 Oct-Nov-Dec 4,000 February 1 Nov-Dec-Jan 5,200 March 1 Dec-Jan-Feb 6,250 A ril 1 Jan-Feb-Mar 7,700 May 1 Feb-Mar-A r 7,550 June 1 Mar-Apr-May 6,850 July 1 Apr-May-Jun 5,350 Au ust 1 May-Jun-Jul 4,200 September 1 Jun-Jul-Aug 3,600 October 1 Jul-Aug-Se 3,200 November 1 Aug-Se -Oct 3,300 December 1 Sep-Oct-Nov 3,550 • Full Pond Elevation -The Full Pond Elevation for each development's reservoir is listed in Table LIP-2. Table LIP-2. Full Pond Elevations Reservoir Full Pond Elevation. (feet, USGS datum - NGVD 1929) High Rock 623.9 Tuckertown 564.7 Narrows 509.8 Falls 332.8 11 • Normal Minimum Elevation (NME) - NME for each Project reservoir is listed in Table LIP-3. Table LIP-3. Normal Minimum Elevations feet, USGS datum - NGVD 1929) Month High Rock Tucker- town Narrows Falls Fu11 Pond 623.9 564.7 509.8 332.$ January 1 613.9 561.7 504.8 328.8 February 1 613.9 561.7 504.8 328.8 March 1 transition 561.7 504.8 328.8 Aprill 619.9 561.7 504.8 328.8 May 1 619.9 561.7 504.8 328.8 June 1 619.9 561.7 504.8 328.8 July 1 619.9 561.7 504.8 328.8 August 1 619.9 561.7 504.8 328.8 September 1 619.9 561.7 504.8 328.8 October 1 619.9 561.7 504.8 328.8 November 1 transition 561.7 504.8 328.8 December 1-15 613.9 561.7 504.8 328.8 Decemberl6-31 613.9 561.7 504.8 328.8 • U.S. Drought Monitor Three-Month Numeric Average -The Applicant shall calculate athree-month rolling average of U.S. Drought Monitor (http://www.drought.unl.edu/dm/monitor.html.) values by (a) assigning a numeric value equal to the highest U.S. Drought Monitor designation (e.g. D0=0, D1=1, D2=2, D3=3 and D4=4) for any part of the Yadkin-Pee Dee River Basin draining to Blewett Falls development as of the last day of that month; and (b) calculating an arithmetic mean of that numeric value and numeric values correspondingly assigned for the previous two months. A normal condition in the basin, defined as the absence of a drought designation, shall be assigned a numeric value of negative one (-1). • Yadkin-Pee Dee River Basin Drought Management Advisory Groub (YPD- DMAG) -The YPD-DMAG shall consist of one representative from each of the following organizations (to the extent that they are willing to participate): Alcoa Power Generating Inc. (APGI), Progress Energy (PE), 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 Wildlife Resources Commission (NCWRC), South Carolina Department of Natural Resources (SCDNR), South Carolina Department of Health and Environmental Control (SCDHEC), the United States Fish and Wildlife Service (USFWS), High Rock Lake Association (HRLA), Badin Lake Association (BLA), Duke Power Company, Lake Tillery Homeowners Association, South Carolina Pee Dee River Coalition (SCPDRC) and owners of intakes that withdraw more than one million gallons of water per day from the impoundments of either the Yadkin Project (FERC Project 2197) or the Yadkin-Pee Dee Project (FERC Project 2206). 12 B. Implementation Procedure 1. Table LIP-4 sets forth the combinations of conditions under which the LIP shall be implemented. The determination of the applicable LIP Stage shall be made using the High Rock Reservoir water elevation as of midnight between the last day of the previous month and the first day of the current month in combination with the U.S. Drought Monitor Three- Month Numeric Average and the Stream Gage Three-Month Rolling Average Flow to determine the need to declare or change a Stage of the LIP. The LIP shall be implemented beginning at Stage 0 and, if the combination of conditions becomes more severe, the Stages shall increase in one Stage increments. Table LIP-4. Summary of LIP Triggers Stream Gage Three- High Rock US Drought Month Rolling Average Stage Reservoir Monitor. Three- as a percent of Elevation Month Numeric the Average Historical Avera e < NME minus 0.5 and any or any ft '0 OR and < NME eith ? 0 or <48 er E and 1 mi as l ft eith ? 1 or < 41 er < NME and 2 minus 2 ft eith >_ 2 or <35 er < NME and 3 minus 3 ft eith >_ 3 or <30 er < %: of (NME minus and 4 Critical Reservoir eith ? 4 or <30 Water Elevation) er 13 2. The average daily flows set forth in Table LIP-5 shall be initiated no later than seven days after the determination of the applicable LIP Stage and shall be in effect for the balance of the month except as provided in the section titled "Recovery from LIP Stages." Table LIP-5. LIP Flows~l~, cfs High Rock' Fa11st2t (daily average (daily average flow tazget) maximum flow taz et Stage Feb 1- Jun 1- Feb 1- May 16-31 Jun 1-Jan May 15 May 16-31 Jan 31 Ma 15 31 ~ 2000 1500 1000 2000 1500 1000 1 1450 1170 900 1450 1170 900 2 1080 950 830 1080 950 830 3 770 770 770 770 770 770 4 Additional measures may be determined by consensus of the Applicant and State Agencies, subject to NCDW a royal 1 (1) Developments shall be operated to achieve the target flows to the extent practicable as a first priority and to supplement inflows equitably from the storage reservoirs as a second priority. For LIP Stages ], 2, 3 and 4, APGI shall achieve the indicated average daily flows set forth in this table by supplementing Project inflows by drawing proportionally from High Rock and Narrows reservoirs such that the difference between the respective drawdowns below NME of High Rock and Narrows reservoirs shall be approximately one foot. 2 3 (2) For LIP Stages 0-3, the values shown in this table reflect flow targets. These values cannot be met exactly as shown and shall likely vary slightly on a real time basis from the values shown here, but it is expected that the variances from the tar et flows shall be minimal. 3. The Applicant shall notify via email the NCDWR of LIP implementation or a change in Stage as soon as practicable but no later than (i) three business days after a Stage 0 determination; (ii) two business days after a Stage 1 or a Stage 2 determination; or (iii) 48 hours after a Stage 3 or Stage 4 determination. 4. The Applicant shall consult with the YPD-DMAG with respect to issues relating to or arising out of implementation of the LIP, including, but not limited to, (i) notification to the public of the possible effects of and/or continuance of drought; (ii) issues relating to the effects of drought conditions on life, health, property, wildlife, aquatic life; (iii) possible public health concerns; and (iv) short and long term prospects for recovery from drought. 5. The Applicant shall develop and provide information on its website to inform the public on reservoir water elevations, Project releases, usability of public access areas, reservoir inflows, meteorological forecasts, Historic and Actual Stream Gage Three-Month Rolling Average Flow calculations, U.S. Drought Monitor Three-Month Numeric Average calculations, LIP status, YPD-DMAG meeting summaries, and implementation of maintenance or emergency operation plans. 14 C. Recovery from LIP Stages 1. Recovery from the LIP shall be triggered by the occurrence of any of the three following conditions either separately or in combination: Condition 1: All three triggering conditions associated with a lower numbered LIP Stage, as described in Table LIP-4, are met. OR Condition 2: High Rock Reservoir water elevations return to at or above the NME plus 2.5 ft. OR Condition 3: High Rock Reservoir water elevations return to at or above the NME for 2 consecutive weeks. 2. When any of these three conditions occurs, the Applicant shall take the following actions as indicated by the particular condition: • Condition 1: The LIP recovery shall be a stage-by-stage reversal of the staged approach described in Table LIP-4 above, beginning at the first day of each month. • Condition 2: Implementation of the LIP shall be immediately discontinued. • Condition 3: Implementation of the LIP shall be immediately discontinued. 3. The Applicant shall notify the NCDWR via email within 3 business days following attainment of any of the conditions necessary to return to a lower stage of the LIP. D. Updating the LIP During the term of this license, the Applicant shall consult with the YPD-DMAG at least once every five (5) years to review and consider updating the LIP. The use of the period of record 1974 through 2003 to calculate the Historic Stream Gage Three-Month Rolling Average flows set forth in Table LIP-1 of this Article shall be evaluated every five years during such review. On the basis of such consultation, review and consideration, the Applicant may propose modifications to this Article for the NCDWQ's review and approval. 15 E. Funding of Gages Assuming the U.S. Geological Survey (USGS) has necessary rights for the License term, the Applicant shall continue to provide 100% funding support during the License term for the maintenance of the following USGS standard flow gages that are used in the LIP to determine the Three-Month Rolling Average Flow: • Yadkin River at Yadkin College (02116500) • South Yadkin River near Mocksville (02118000) • Abbotts Creek at Lexington (02121500) Any substantial increase in funding support due to changes in these flow gages are subject to review by the Applicant with the North Carolina Department of Environment and Natural Resources (NCDENR). The Applicant may review and propose changes in the contractor, location, or equipment associated with these gages. Any changes proposed by the Applicant will require agreement of NCDENR's Division of Water Quality. Article PO-5 -Hydro Project Maintenance and Emergency Protocol If conditions so warrant, the Applicant shall operate the Project in accordance with the Hydro Project Maintenance and Emergency Protocol (HPMEP) included as Appendix B, "Yadkin Project Hydro Project Maintenance and Emergency Protocol." The complete text of the HPMEP is also attached for inclusion by reference in the 401 Water Quality Certificate. 16 Water Quality Article WQ-1 -Water Quality A. Tailwater Dissolved Oxygen Enhancement Schedule The Applicant shall install equipment and implement measures designed to enhance Yadkin Project (Project) tailwater dissolved oxygen (DO) conditions as specified in the schedule in Table WQ-1. Table WQ-1. Dissolved Ox en Enhancement and Monitorin Schedule Year DO Enhancement Action Monitoring/Reporting 2007 -Continuous DO/temperature monitoring 5/1-11/30 at existing stations in all four tailwaters. -File Draft DO Monitoring Plan and Quality Assurance Project Plan (QAPP) with the North Carolina Division of Water Quality (NCDWQ) as part of 401 Application. 20082 Narrows Unit 2 -Addition of two -Continuous DO/temperature monitoring 5/1-11/30 at existing stations in aeration valves by 03/31/08. all four tailwaters. -File Final DO Monitoring Plan and QAPP for approval by NCDWQ and the Commission. 2009 Narrows Unit 1 -Addition of two -Implement NCD WQ/FERC approved DO Monitoring Plan. aeration valves by 12/31/09. -File annual DO monitoring data report with NCDWQ by March 31. 2010 Narrows Unit 3 -Addition of two - Monitoring/reporting in accordance with DO Monitoring Plan. aeration valves by 12/31/10. High Rock Unit 3 -Install "through the blade" aerating turbine by 12/31/10. 2011 High Rock Unit 2 - Install a "through - Monitoring/reporting in accordance with DO Monitoring Plan. the blade" aerating turbine by 12/31/11. -Initiate special study (up to 2 years) to evaluate the effectiveness of the aeration at Narrows on DO levels being discharged from Falls (2011-2012). 2012 High Rock Unit 1 - Install a "through - Monitoring/reporting in accordance with DO Monitoring Plan. the blade" aerating turbine by 12/31/12. -Complete second year of 2-year study of effectiveness of aeration at Narrows on DO at Falls by 12/31/12 and prepare Study Report. 2013 - Monitoring/reporting in accordance with DO Monitoring Plan. - File 2-year Narrows/Falls DO Study Report with NCDWQ by 3/1/13. - If 2-year study does not demonstrate compliance at Falls, file an Action Plan for DO (DOAP) enhancement at Falls with NCDWQ by 12/31/13. -Initiate special study (up to 2 years) to evaluate the effectiveness of aeration at High Rock on DO levels being discharged from Tuckertown (2013-2014). 2014 Falls Unit 1 -Install aeration valves or - Monitoring/reporting in accordance with DO Monitoring Plan. other appropriate aeration technology, if needed, in accordance with Falls Action -Complete second year of 2-year study of High Rock/Tuckertown DO by Plan by 12/31/14. ]2/31/14 and prepare Study Report. 17 Year pO Enhancement Action Monitoring/Reporting 2015 Falls Unit 2 -Install aeration valves or - Monitoring/reporting in accordance with DO Monitoring Plan. other appropriate aeration technology, if needed, in accordance with Falls Action -File 2-year High Rock/Tuckertown DO Study Report with NCDWQ by Plan by 12/31/15. 3/1/15. - If 2-year study does not demonstrate compliance at Tuckertown, file an Action Plan for DO enhancement at Tuckertown by 12/31/15. 2016 Falls Unit 3 -Install aeration valves or - Monitoring/reporting in accordance with DO Monitoring Plan. other appropriate aeration technology, if needed, in accordance with Falls Action Plan by 12/31/16. Tuckertown -Install aeration technology, if needed, at Tuckertown in accordance with Tuckertown Action Plan by 12/31/16. Notes: 1 Actions to be taken under the current, existing FERC License for the Yadkin Project, not the New License 2 The schedule shown starting in 2008 assumes an effective date of the New License for the Yadkin Project of or before May 1, 2008. If the effective date of the New License is a8er May 1, 2008, the schedule will be adjusted such that the 2008 schedule would begin within the year following the effective date of the New License, as provided in a revised schedule that has written approval from NCDWQ. B. Tailwater Dissolved Oxygen Enhancement Operations As DO enhancement equipment or measures are installed or implemented on the schedule in Table WQ-1, the Applicant shall operate the generating units with DO enhancement equipment added on a "first-on-last-off' basis, subject to unit availability, from no later than May 1 of each year through November 30 of each year. If DO enhancement equipment or measures are not associated with generating equipment, once completed, that equipment or those measures shall be operated or implemented as designed from no later than May 1 of each year through November 30 of each year. If at any time during the term of the New License, the Applicant can demonstrate through studies and/or monitoring that DO conditions have improved, the Applicant may consult with the North Carolina Division of Water Quality (NCDWQ) regarding the possibility of reducing the period of DO enhancement operations (May 1 -November 30). Should any such consultation result in an agreement between the Applicant and the NCDWQ to modify the operation of the Project for purposes of DO enhancement, the Applicant shall consult with the NCDWQ to develop a plan to revise DO enhancement operations. The Applicant shall include with the plan, an implementation schedule, documentation of consultation, copies of comments and recommendations on the plan after it has been prepared and provided to NCDWQ, and specific descriptions of how NCDWQ's comments are accommodated by the plan. The Applicant shall file the plan with the FERC within 30 days of receiving NCDWQ's written approval of the plan. 18 Article WQ-2 -Dissolved Oxygen Monitoring Within six months of the effective date of the New License, the Applicant shall file with NCDWQ a Dissolved Oxygen Monitoring Plan (DO Monitoring Plan) and Quality Assurance Project Plan (QAPP) for the Project. The DO Monitoring Plan and QAPP will be developed in consultation with NCDWQ and other appropriate state and federal resource agencies. The primary component of the DO Monitoring Plan will be the operation of four (4) continuous DO/temperature monitors (one in each tailwater), for the period May 1 through November 30 of each year. The Plan shall include a schedule for preparing an annual DO and temperature data report. The annual report shall be filed with NCDWQ and the Downstream Licensee no later than March 31 of the following year. The Plan shall also include provisions for conducting two studies as part of the overall DO enhancement schedule (Table WQ-1) designed specifically to investigate the effectiveness of aeration technology installed and operating at Narrows on the DO conditions in the Narrows and Falls tailwaters, and the effectiveness of aeration technology installed and operating at High Rock on DO conditions in the High Rock and Tuckertown tailwaters. At the completion of each of the two studies, the Applicant shall prepare a study report which shall be filed with NCDWQ in accordance with the schedule in the DO Monitoring Plan. If the study results demonstrate that the Falls and/or Tuckertown tailwaters do not meet state dissolved oxygen standards as a result of Project operations, the Applicant shall ,prepare a DO Action Plan (DOAP) for the Falls and Tuckertown developments, respectively. The resulting DOAP(s), if needed, will be filed with NCDWQ in accordance with the schedule shown in Table WQ-1. The Applicant shall file the DO Monitoring Plan with the FERC within 30 days of receiving NCDWQ's written approval of the plan. The Applicant shall include with the DO Monitoring Plan an implementation schedule, documentation of consultation, copies of comments and recommendations on the plan after it has been prepared and provided to NCDWQ, and specific descriptions of how NCDWQ's comments are accommodated by the plan. Article WQ-3 -Additional Dissolved Oxygen Enhancement Actions If at any time during the term of the New License, after all the DO enhancement equipment and measures outlined in Table WQ-1 have been installed and implemented, all of the planned unit upgrades have been completed and the upgraded units are operational, and at least two additional years of monitoring have been completed, the Applicant is notified by the NCDWQ that based on the results of monitoring under the DO Monitoring Plan, State water quality standards are not being met as a result of the Applicant's hydroelectric operations, the Applicant shall consult with the NCDWQ to develop a plan to implement corrective actions. The Applicant shall file a Dissolved Oxygen Corrective Action Plan (DOCAP) for NCDWQ approval within one year of initiating consultation with the NCDWQ. The Applicant shall include with the DOCAP an implementation schedule, documentation of consultation, copies of comments and recommendations on the plan after it has been prepared and provided to NCDWQ, and specific descriptions of how NCDWQ's comments are accommodated by the plan. The Applicant shall file the plan with the FERC within 30 days of receiving NCDWQ's written approval of the plan. 19 Article WQ-4 -Total Maximum Daily Load Process The Applicant agrees to participate in the High Rock Total Maximum Daily Load (TMDL) process for High Rock Reservoir initiated by the State of North Carolina in 2005. The Applicant will contribute up to $50,000 in in-kind services for planned water quality sampling efforts, upon notification that the Yadkin-Pee Dee River Basin Association has received federal or state grants of at least $50,000, for which the Applicant's contribution will be used as the required "matching funds". If, during the term of the New License, other TMDL processes are required for the Yadkin River or its tributaries, within the Project Boundary of the Yadkin Project, the Applicant will participate in these processes. 20 Shoreline Management Article SMP-1 -Shoreline Management Plan The Applicant shall file a revised Shoreline Management Plan (SMP) for the Project with the Federal Energy Regulatory Commission within two years of the effective date of this License. The Applicant shall revise the SMP in consultation with state and federal resource agencies and other interested parties. The Applicant shall provide the consulted parties with a 30-day period to review and comment on a draft revised SMP. The Applicant shall include with its filing copies of all comments received on the draft revised SMP and a discussion of those comments, including whether the Applicant adopted the comments or the Applicant's rationale for not incorporating the comments in the final revised SMP. Upon Federal Energy Regulatory Commission approval, the Applicant shall implement the approved SMP, including any changes required by the Commission. (NCDWR Note - We recommend that NCDWQ include language in the 401 certificate that provides for NCDWQ review and approval of any revised SMP -but limited only to issues related to water quality concerns, for example shoreline erosion and buffer zones.) 21 Appendix A Low Inflow Protocol for the Yadkin & Yadkin-Pee Dee River Hydroelectric Projects Yadkin Hydroelectric Project (FERC No. 2197) February 2007 Relicensing Settlement Agreement Low Inflow Protocol for the Yadkin & Yadkin-Pee Dee River Hydroelectric Projects GOAL The fundamental goal of this Low Inflow Protocol (LIP) is to take staged actions in the Yadkin- Pee Dee River Basin needed to delay the point at which available water storage in the Yadkin Hydroelectric Project (Federal Energy Regulatory Commission -FERC No. 2197) and the Yadkin-Pee Dee Hydroelectric Project (FERC No. 2206) (collectively, projects) reservoirs is fully depleted while maintaining downstream flows. This LIP is intended to provide additional time to increase the probability that precipitation will restore streamflow and reservoir water elevations to normal ranges. The amount of additional time that is gained during implementation of this LIP depends on the diagnostic accuracy of the trigger points, the amount of regulatory flexibility available to operate the projects, and the effectiveness of the projects' operators and the water users in working together to implement required actions and achieve significant water use reductions. It is assumed that water users in the Yadkin-Pee Dee River Basin not subject to this LIP must comply with all applicable State and local drought response requirements. More specifically, this LIP establishes procedures for adjusting operations during periods of low inflow to the Yadkin Hydroelectric Project owned and operated by Alcoa Power Generating Inc. (APGI) and the Yadkin-Pee Dee River Hydroelectric Project owned by Carolina Power & Light Company and operated by Progress Energy Carolinas, Inc. (PE) (collectively, Licensees) during the term of the new FERC licenses issued for these projects. The provisions of this LIP should be interpreted in a manner consistent with all other provisions of the new FERC licenses. OVERVIEW This LIP will be implemented during periods when there is not enough water flowing into the projects' reservoirs to meet the projects' Required Minimum Instream Flows while maintaining reservoir water elevations within Normal Operating Ranges. This LIP provides trigger points and operating procedures that the Licensees will follow for the projects. This LIP also specifies water withdrawal reduction measures for other water users in portions of the Yadkin-Pee Dee River Basin. The Licensees will provide flow from storage in the projects' reservoirs to support hydroelectric generation and to provide Required Minimum Instream Flows in accordance with their respective new FERC licenses. During periods of normal inflow, reservoir water elevations will be maintained within their Normal Reservoir Operating Ranges. During times that inflow is not adequate to provide Required Minimum Instream Flows and maintain reservoir water elevations within their Normal Reservoir Operating Ranges, the Licensees will reduce releases for hydroelectric generation. If reservoir storage continues to drop and climatologic or hydrologic conditions worsen until trigger points defined in this LIP are reached, the Licensees will implement additional provisions of this LIP, including meeting with the designated agencies and water users to discuss the need for actions pursuant to this LIP. If conditions worsen, progressive stages of this LIP will allow additional use of the available water storage inventory, Yadkin Hydroelectric Project (FERC No. 2197) A-1 February 2007 Relicensing Settlement Agreement while conserving water storage volumes through required reductions in LIP Flows and required reductions in water withdrawals. Implementation of this LIP and movement between the various stages are based on measurements of Stream Gage Three-Month Rolling Average Flow, U. S. Drought Monitor Three-Month Numeric Average, and the High Rock Reservoir water elevation. The calculation of these triggers and specific thresholds associated with each stage are detailed in this LIP. Recognizing that improvements to this LIP may be identified during the new FERC license period, this LIP will be re ;evaluated as defined in Key Definitions, Facts and Assumptions No. 18. KEY DEFINITIONS, FACTS, AND ASSUMPTIONS Low Inflow Watch or Low Inflow Condition - A period of time when there is not enough water flowing into the projects' reservoirs to meet the projects' Required Minimum Instream Flows while maintaining reservoir water elevations within Normal Reservoir Operating Ranges. 2. LIP Flows -For the purposes of this LIP, this term refers to the flows defined in Table 6. 3. Required Minimum Instream Flows -For the purposes of this LIP, this term includes the minimum flow requirements included in the new FERC licenses for the projects. 4. Public Information Obli ations -The Licensees will develop and provide information on their respective websites to inform the public on reservoir water elevations, project releases, usability of public access areas, reservoir inflows, meteorological forecasts, Historic and Actual Stream Gage Three-Month Rolling Average Flow calculations, U.S. Drought Monitor Three-Month Numeric Average calculations, LIP status, YPD-DMAG meeting summaries, and implementation of maintenance or emergency operation plans. Stream Gage Three-Month Rolling Average Flow -The three-month rolling average of streamflow will be calculated at the following USGS stream gages: • Yadkin River at Yadkin College (02116500) • South Yadkin River near Mocksville (02118000) • Abbotts Creek at Lexington (02121500) • Rocky River near Norwood (02126000) This flow will be calculated on the last day of each month by averaging the monthly average of the current month and the two preceding months. The sum of the three-month rolling average for these four gage stations will be compared to the Historic Stream Gage Three- Month Rolling Average Flow for the corresponding period. Yadkin Hydroelectric Project (FERC No. 2197) A-2 February 2007 Relicensing Settlement Agreement 6. Historic Stream Gaffe Three-Month Rolling Avera eg Flow -The daily flow for each of the four designated USGS stream gages has been used to calculate a monthly average flow for the period of record 1974 through 2003. Because the USGS only began gaging flows for Abbotts Creek in 1988, the historical average for this gage will be based on the period 1988 through 2003. The historic three-month rolling average flow for each month of the year, presented in Table 1, was calculated on the last day of each month of the year by averaging the monthly average flow for each month and the preceding two months. The use of the period of record 1974 through 2003 to calculate the historic three-month rolling average flow will be evaluated every five years during the review of this LIP (see Key Definitions, Facts, and Assumptions No. 18). Table 1. Historic Stream Gage Three-Month Rolling Average Flow For Evaluation of Flow Trigger on: Average of daily flows during: Historic Three-Month Rolling Average Flow, cfs January 1 Oct-Nov-Dec 4,000 February 1 Nov-Dec-Jan 5,200 March 1 Dec-Jan-Feb 6,250 April 1 Jan-Feb-Mar ~,~oo May 1 Feb-Mar-A r 7,550 June 1 Mar-Apr-May 6,850 July 1 Apr-Ma -Jun 5,350 August 1 May-Jun-Jul 4,200 September 1 Jun-Jul-Au 3,600 October 1 Jul-Aug-Sep 3,200 November 1 Aug-Sep-Oct 3,300 December 1 Sep-Oct-Nov 3,550 7. Full Pond Elevation -Also referred to as "Full Pond", this is the elevation of a reservoir (measured in feet, USGS datum [NGVD 1929]) that corresponds to the point at which water would first begin to spill from each reservoir's dam if the respective Licensee took no action. This elevation corresponds to the lowest point along the top of the spillway (including flashboards) for reservoirs without flood gates; and to the lowest point along the top of the flood gates for reservoirs that have flood gates. The Full Pond Elevation for each projects' reservoirs is listed in Table 2. Yadkin Hydroelectric Project (FERC No. 2197) A-3 February 2007 Relicensing Settlement Agreement Table 2. Full Pond Elevations Reservoir Full Pond Elevation (feet, USES datum - NGVD 1929) High Rock 623.9 Tuckertown 564.7 Narrows 509.8 Falls 332.8 Tillery 278.2 Blewett Falls 178.1 8. Normal Reservoir Operating Range -The band of reservoir water elevations within which the Licensees normally attempt to maintain a given reservoir on a given day. Each reservoir has its own specific Normal Reservoir Operating Range, bounded by Full Pond Elevation and Normal Minimum Elevation. If net inflows to the reservoir are within a reasonable tolerance of the average or expected amounts, project equipment is operating properly, and if maintenance or emergency operation plans have not been implemented, reservoir water elevation excursions outside of the Normal Reservoir Operating Range should not occur. The new FERC license for the Yadkin Project includes operating curves that establish the Normal Reservoir Operating Range for each Yadkin Project reservoir. 9. Normal Minimum Elevation (NME) -The elevation of a reservoir (measured in feet, USGS datum [NGVD 1929]) that defines the bottom of the reservoir's Normal Operating Range for a given day of the year. NME for each of the projects' reservoirs is listed in Table 3. Table 3. Normal Minimum Elevations (feet, USGS datum - NGVD 1929) Month .....High Rock Tucker- town Narrows Falls Tillery Blewett Falls Full Pond 623.9 564.7 509,8 332.8 278.2 178.1 January 1 613.9 561.7 504.8 328.8 273.2 172.1 February 1 613.9 561.7 504.8 328.8 273.2 172.1 March 1 transition 561.7 504.8 328.8 275.7 172.1 Aprill 619.9 561.7 504.8 328.8 275.7 172.1 May 1 619.9 561.7 504.8 328.8 275.7 172.1 June 1 619.9 561.7 504.8 328.8 275.7 172.1 July 1 619.9 561.7 504.8 328.8 275.7 172.1 August 1 619.9 561.7 504.8 328.8 275.7 172.1 September 1 619.9 561.7 504.8 328.8 275.7 172.1 October 1 619.9 561.7 504.8 328.8 275.7 172.1 November 1 transition 561.7 504.8 328.8 275.7 172.1 December 1-15 613.9 561.7 504.8 328.8 275.7 172.1 Decemberl6-31 613.9 561.7 504.8 328.8 273.2 172.1 Yadkin Hydroelectric Project (FERC No. 2197) A-4 February 2007 Relicensing Settlement Agreement 10. Public Water S. s~-For the purposes of this LIP, a Public Water System is any publicly or privately owned water system that supplies potable water to the public having an instantaneous withdrawal capacity of one million gallons per day or more, and withdraws from storage in the projects' reservoirs. 11.Non-Public Water User -For the purposes of this LIP, aNon-Public Water User is any publicly or privately owned water withdrawer that withdraws water for uses other than supplying potable water to the public, having an instantaneous withdrawal capacity of one million gallons per day or more that withdraws from storage in the projects' reservoirs. 12. U.S. Drought Monitor - A synthesis of multiple indices, outlooks, and news accounts (published by the U. S. Department of Agriculture) that represent a consensus of federal and academic scientists concerning the drought status of all parts of the United States. Typically, the U.S. Drought Monitor indicates intensity of drought as DO-Abnormally Dry, D1- Moderate, D2-Severe, D3-Extreme and D4-Exceptional. The current U.S. Drought Monitor and explanatory material can be found at http://www.drought.unl.edu/dm/monitor.html. 13. U.S. Drought Monitor Three-Month Numeric Average - If the U.S. Drought Monitor has a designation ranging from DO to D4 as of the last day of a month for any part of the Yadkin- Pee Dee River Basin that drains to the Blewett Falls development, the basin will be assigned a numeric value for that month. The numeric value will equal the highest U.S. Drought Monitor designation (e.g. D0=0, D1=1, D2=2, D3=3 and D4=4) for any part of the Yadkin- Pee Dee River Basin draining to Blewett Falls development as of the last day of the month. A normal condition in the basin, defined as the absence of a drought designation, will be assigned a numeric value of negative one (-1). A rolling average of the numeric values of the current month and previous two months will be calculated by APGI at the end of the month and designated as the U.S. Drought Monitor Three-Month Numeric Average for purposes of this LIP. 14. Critical Reservoir Water Elevation -The reservoir water elevation (measured in feet, USGS datum [NGVD 1929]) below which a Public Water System intake, Non-Public Water User's intake, or hydropower plant located on the reservoir cannot operate under normal conditions. Critical Reservoir Water Elevations are defined in Table 4. Yadkin Hydroelectric Project (FERC No. 2197) A-5 February 2007 Relicensing Settlement Agreement Table 4. Critical Reservoir Water Elevation Critical Reservoir Water Elevation Reservoir measured at the dam Type (feet USGS Datum - NGVD1929 High Rock 599.9 (24 ft below full pool) Hydro ower Production Tuckertown 560.7 (4 ft below full ool) Public Water Su ply Narrows 486.8 (23 ft below full pool) Public Water Supply Falls 322.8 (10 ft below full ool) Hydro ower Production Tillery 268.2 (10 ft below full ool) Public Water Supply Blewett Falls 168 (10.1 ft below full pool) Public Water Supply/ Hydropower Production 15. Critical Flow -The flows from the projects that are necessary to prevent long-term or irreversible damage to aquatic communities consistent with the resource management goals and objectives for the affected stream reaches and necessary to provide some basic level of water quality maintenance in affected river reaches. For the purposes of this LIP, the Critical Flows are defined as follows: • Falls Development -the Critical Flow from the Falls Development is equal to 770 cfs measured on a daily average basis. Tillery Development -the Critical Flow from the Tillery Development is the same as required minimum instream flow as defined in the new FERC license for Yadkin Pee- Dee River Hydroelectric Project. Blewett Falls Development -the Critical Flow from the Blewett Falls Development is 925 cfs measured on a continuous basis. 16. Organizational Abbreviations -Organizational abbreviations include Alcoa Power Generating Inc. (APGI), Progress Energy (PE), NC Department of Environment and Natural Resources (NCDENR), North Carolina Division of Water Resources (NCDWR), North Carolina Division of Water Quality (NCDWQ), North Carolina Wildlife Resources Commission (NCWRC), South Carolina Department of Natural Resources (SCDNR), South Carolina Department of Health and Environmental Control (SCDHEC), the United States Fish and Wildlife Service (USFWS), High Rock Lake Association (HRLA), Badin Lake Association (BLA), and South Carolina Pee Dee River Coalition (SCPDRC). Yadkin Hydroelectric Project (FERC No. 2197) A-6 February 2007 Relicensing Settlement Agreement 17. Yadkin-Pee Dee River Basin Drought Management Advisory Group (YPD-DMAG) -The YPD-DMAG is established to facilitate implementation and review of this LIP. Members of the YPD-DMAG agree to comply with this LIP. Membership on the YPD-DMAG is open to one representative from each of the following organizations: • APGI • PE • NCDWR • NCDWQ • NCWRC • SCDNR • SCDHEC • USFWS • Duke Power • HRLA • BLA • Lake Tillery homeowners representation • SCPDRC • All owners of a Public Water System intake or aNon-Public Water User's intake that withdraw from storage in one of the projects' reservoirs. The Licensees will share the responsibility to notify NCDWR of a Low Inflow Condition. NCDWR and SCDNR will share responsibility to coordinate with the YPD-DMAG including notifying, setting agendas, leading discussions, and providing call/meeting summaries. Regardless of the Low Inflow Condition, coordination will include a meeting convened annually by NCDWR during April to discuss issues relevant to this LIP. Membership in the YPD-DMAG may be expanded based on a consensus of the members or at the direction of FERC. The NCDWR will maintain an active roster of the YPD-DMAG, will prepare meeting summaries of all YPD-DMAG meetings. 18. Revising this LIP -During the new FERC license period, the YPD-DMAG will be convened by NCDWR and SCDNR at least once every five (5) years to review and, if necessary, update this LIP. Decisions on modifications to the Licensees' responsibilities under this LIP, if any, will be determined by consensus of the Licensees and the States of North Carolina and South Carolina (specifically NCDWR, NCDWQ, SCDNR, SCDHEC) after consultation with other members of the YPD-DMAG. Proposed modification to the Licensees' responsibilities will be submitted to FERC for review and approval as necessary. (NCDWR note -for 401 purposes, "NCDWQ" should be substituted for "FERC" in the preceding sentence) Modifications to the responsibilities of other members (not the FERC licensees) of the YPD- DMAG under this LIP, if any, will be determined by consensus of those members after consultation with the Licensees. Approved modifications will be incorporated through revision of this LIP. The YPD-DMAG may appoint an ad hoc committee to consider issues relevant to this LIP. An issue such as the substitution of a regional drought monitor for the U.S. Drought Monitor, if developed in the future, or proportional drawdown of storage reservoirs during LIP stages are examples of items that may be considered. Yadkin Hydroelectric Project (FERC No. 2197) A-7 February 2007 Relicensing Settlement Agreement 19. Consensus - The unanimous support of all Parties, or at least no opposition from any Party. 20. Water Withdrawal Data Collection and Reporting -The owners of all water intakes impacted by this LIP are to comply with water use reporting requirements of the appropriate State Agencies. The YPD-DMAG can request and should receive relevant water use information from the appropriate state agency or directly from the owners of individual intakes. 21. Drought Response Plan Updates -All Public Water Supply System owners and Non-Public Water Users subject to this LIP will review and update their drought response plans, or develop a plan if they do not have one, to ensure compliance and coordination with this LIP, including the authority to enforce the provisions outlined herein. Nothing in this LIP is intended to prevent Public Water System owners orNon-Public Water Users from taking more restrictive actions or from complying with any applicable law or regulation. 22. Relationship Between this LIP and Maintenance and Emergency Plans -Maintenance and emergency plans outline the general approach the Licensees will take under certain maintenance, emergency, equipment failure and other situations to continue practical and safe operation of the projects; to maintain operations consistent with the new FERC license conditions to the maximum extent possible; and to communicate with resource agencies and the affected parties. Under these plans, temporary modifications to Required Minimum Instream Flow releases, and the Normal Reservoir Operating Ranges are allowed. Lowering projects' reservoir water elevations caused by situations addressed under maintenance and emergency plans will not invoke implementation of this LIP. Also, if this LIP has already been implemented at the time that a situation covered by these plans is initiated, the Licensee may suspend implementation of this LIP until the maintenance or emergency situation has been eliminated. Notification will be provided by the Licensees to the State Agencies as soon as practicable. PROCEDURE A Low Inflow Watch or Low Inflow Condition, as specifically defined below, will be triggered by the combination of conditions defined in Table 5. This LIP will be implemented at Stage 0 and, if the combination of conditions becomes more severe, the stage will increase in one stage increments. The Licensees and other water users will follow the procedure set forth in this section regarding communications and adjustments to flows and other water demands. Yadkin Hydroelectric Project (FERC No. 2197) A-8 February 2007 Relicensing Settlement Agreement Table 5.. Summary of LIP Triggers:- US Drought Monitor Stream Gage Three-Month Stage High Rock Reservoir Three-Month Numeric Rolling Average Elevation. Average as a percent of the Historical Avera e < NME minus 0.5 ft and any or any 0 OR < NME and either ? 0 or <48 1 < NME minus I ft and either >_ 1 or < 41 2 < NME minus 2 ft and either >_ 2 or <35 3 < NME minus 3 ft and either >_ 3 or <30 4 <''/z of (NME minus Critical and either 4 > or <30 Reservoir Water Elevation) _ The LIP Flows set forth in Table 6 will be initiated on a monthly basis and are designed to equitably allocate the impacts of reduced water availability in accordance with the goal of this LIP. Initiation of this LIP will be based on analysis of the trigger conditions on the first day of each month. The High Rock Reservoir water elevation as of midnight between the last day of the previous month and the first day of the current month will be used in combination with the U.S. Drought Monitor Three-Month Numeric Average and the Stream Gage Three-Month Rolling Average Flow to determine the need to declare a Low Inflow Watch or change the stage of Low Inflow Conditions. Table 6. LIP Flows(1), cfs High Rock Falls~z~ Blewett Falls~z~ {daily average (daily average flow target) (continuous flow targett'~ ..Stage maximum flow tar et `.Feb 1- May 16- Jun 1- Feb`1= Mayi6- Jun 1- Feb 1- May 16- Jun 1-Jan -May 15 31 Jan 31 May 15 31 Jan 31 May 15 31 31 ~ 2000 1500 1000 2000 1500 1000 2400 1800 1200 1 1450 1170 900 1450 1170 900 1750 1400 1080 2 1080 950 830 1080 950 830 1300 1150 1000 3 770 770 770 770 770 770 925 925 925 4 Additional measures may be determined by consensus of the Licensees and State Agencies. FERC approval of any additional " " ' should be substituted or FERC measures ma be re uired. CDWR note - or 401 ur oses, "NCDW ) 1 Consistent with the goal of this LIP to conserve water while maintaining downstream flows, projects will be operated to achieve the target flows to the extent practicable as a first priority and to supplement inflows equitably from the storage reservoirs as a second priority. 2 The LIP flow values shown in the table above reflect flow tazgets. These values cannot be met exactly as shown and will likely vary slightly on a real time basis from the values shown here. It is expected that the vaziances from the target flows will be minimal. In Stages 0-2 the releases from Blewett Falls will be within 5% of the target as measured at the USGS Rockingham gage. In stages 3-4 [he releases from Blewett Falls will be between 900-950 cfs as measured at the USGS Rockingham gage. 3 Local inflows to Blewett Falls Reservoir may be large even during extended low inflow conditions. If at any time during the implementation of the LIP local inflows to Blewett Falls Reservoir are large enough to fill Blewett Falls Reservoir to full pond, the Downstream Licensee may temporarily increase Blewett Falls generation to avoid spill. Yadkin Hydroelectric Project (FERC No. 2197) A-9 February 2007 Relicensing Settlement Agreement Stage 0 -Low Inflow Watch: The Licensees will monitor High Rock Reservoir water elevations, the U.S. Drought Monitor and the designated stream gages and will declare a Stage 0 Low Inflow Watch for the month if the following conditions are present on the first day of the month: • If the High Rock Reservoir water elevation is below the NME minus 0.5 ft under any inflow or drought condition. OR • The High Rock Reservoir water elevation is below its NME. AND EITHER • The U.S. Drought Monitor Three-Month Numeric Average for the Yadkin- Pee Dee River Basin draining to Blewett Falls Development is greater than or equal to zero. OR • The Stream Gage Three-Month Rolling Average Flow for the monitored stream gages is less than 48% of the Historic Stream Gage Three-Month Rolling Average Flow. When a Stage 0 Low Inflow Watch is declared: 1. The Licensees will notify via email the NCDWR of a Stage 0 Low Inflow Watch as soon as practicable but no later than three business days after the declaration. 2. The NCDWR will activate the YPD-DMAG and initiate monthly meetings or conference calls to be held on the Monday before the second Tuesday. Monthly discussions will: a. Review provisions of this LIP. b. Clarify communication channels between the YPD-DMAG members. c. Review hydrological status of the basin. d. Review the roles of each YPD-DMAG member and discuss their plans for responding if an elevated Low Inflow Condition is declared. e. Review information reporting by YPD-DMAG members, including a storage history and forecast from the Licensees, a water use history and forecast from each water user on the YPD-DMAG, and state-wide drought response status (including, but not limited to, impact to water quality, fisheries, wildlife, etc.) from the member agencies. f. Public communications. Yadkin Hydroelectric Project (FERC No. 2197) A-10 February 2007 Relicensing Settlement Agreement Stage 1 -Low Inflow Condition: The Licensees will monitor High Rock Reservoir water elevations, the U.S. Drought Monitor and the designated stream gages and will declare a Stage 1 Low Inflow Condition for the month if the following conditions are present on the first of the month: • The prior month LIP condition was Stage 0; AND • The High Rock Reservoir water elevation is more than 1 ft below the NME; AND EITHER The U.S. Drought Monitor Three-Month Numeric Average for the Yadkin- Pee Dee River Basin draining to Blewett Falls Development is greater than or equal to 1. OR • The Stream Gage Three-Month Rolling Average Flow for the monitored stream gages is less than 41 % of the Historic Stream Gage Three-Month Rolling Average Flow. When a Stage 1 Low Inflow Condition is declared: 1. The Licensees will: a. Notify NCDWR of declaration of a Stage 1 Low Inflow Condition via email as soon as practicable but no later than two business days after the declaration. b. Implement LIP Flows as detailed in Table 6 for each project by the seventh day of the month in which a Stage 1 Low Inflow Condition is declared. To meet the LIP Flows for Stage 1 APGI will supplement Project inflows by drawing first from Narrows Reservoir until the Narrows Reservoir drawdown below its NME matches the High Rock Reservoir drawdown below its NME at the time that the Stage 1 Low Inflow Condition is declared. APGI will supplement Project inflows by drawing from High Rock and Narrows reservoirs approximately equally on afoot-per-foot basis below the Normal Minimum Elevation (NME). PE will supplement Project inflows by drawing from either Tillery or Blewett Falls as required. Yadkin Hydroelectric Project (FERC No. 2197) A-11 February 2007 Relicensing Settlement Agreement Update their respective websites as noted in Key Definitions, Facts and Assumptions No. 4. d. Provide Public Water System intake owners and Non-Public Water Users with weekly updates on reservoir water elevations and inflow of water into the projects' reservoirs. 2. If they have not already done so, NCDWR will coordinate with SCDNR to conduct monthly meetings or conference calls to be held on the Monday before the second Tuesday. Monthly discussions will: a. Review provisions of this LIP. b. Clarify communication channels between the YPD-DMAG members. c. Review hydrological status of the basin. d. Review the roles of each YPD-DMAG member and discuss their plans for responding if an elevated Low Inflow Condition is declared. e. Review information reporting by YPD-DMAG members, including a storage history and forecast from the Licensees, a water use history and forecast from each water user on the YPD-DMAG, and state-wide drought response status (including, but not limited to, impact to water quality, fisheries, wildlife, etc.) from the member agencies. £ Public communications. 3. Owners of Public Water System intakes will complete the following activities within 14 days after a Stage 1 Low Inflow Condition is declared: a. Notify their water customers of the low inflow condition through public outreach and communication efforts. b. Request that their water customers implement voluntary water use restrictions, in accordance with their drought response plans. At this stage, the goal is to reduce water withdrawals by approximately 5% from the amount that would otherwise be expected. These restrictions may include: • Reduction of lawn and landscape irrigation to no more than two days per week (i.e. residential, multi-family, parks, streetscapes, schools, etc). • Reduction of residential vehicle washing. c. Provide a status update to the YPD-DMAG on actual water withdrawal trends and discuss plans for moving to mandatory restrictions, if they are required. 4. Non-Public Water Users on the YPD-DMAG will complete the following activities within 14 days after a Stage 1 Low Inflow Condition is declared: a. Notify their employees and/or customers of the low inflow condition, b. Request that their employees and customers conserve water through reduction of water use, electric power consumption, and other means, and c. Institute in-house conservation consistent with their drought management plan and minimize consumptive uses to the extent feasible. Yadkin Hydroelectric Project (FERC No. 2197) A-12 February 2007 Relicensing Settlement Agreement Stage 2 -Low Inflow Condition: The Licensees will monitor High Rock Reservoir water elevations, the U.S. Drought Monitor and the designated stream gages and will declare a Stage 2 Low Inflow Condition for the month if the following conditions are present on the first of the month: • The prior month LIP condition was Stage 1; AND • The High Rock Reservoir water elevation is more than 2 ft below the NME. AND EITHER • The U.S. Drought Monitor Three-Month Numeric Average for the Yadkin- Pee Dee River Basin draining to Blewett Falls Development is greater than or equal to 2. OR The Stream Gage Three-Month Rolling Average Flow for the monitored stream gages is less than 35% of the Historic Stream Gage Three-Month Rolling Average Flow. When a Stage 2 Low Inflow Condition is declared: 1. The Licensees will: a. Notify NCDWR of a declaration of Stage 2 Low Inflow Condition via email as soon as practicable but no later than two business days after the declaration. b. Implement LIP Flows as detailed in Table 6 for each project by the seventh day of the month in which a Stage 2 Low Inflow Condition is declared. To meet the LIP Flows for Stage: • APGI will supplement Project inflows by drawing from High Rock and Narrows reservoirs approximately equally on afoot-per-foot basis. • PE will supplement Project inflows by drawing from either Tillery or Blewett Falls as required. c. Update their respective websites as noted in Key Definitions, Facts and Assumptions No. 4. d. Provide Public Water System intake owners and Non-Public Water Users with updates twice per week on reservoir water elevations and inflow of water into the system. Yadkin Hydroelectric Project (FERC No. 2197) A-13 February 2007 Relicensing Settlement Agreement e. Continue participation in monthly or more frequent meeting or conference calls of the YPD-DMAG 2. NCDWR will coordinate with SCDNR to conduct monthly YPD-DMAG meetings or conference calls to be held on the Monday before the second Tuesday. Monthly discussions will: a. Review provisions of this LIP. b. Clarify communication channels between the YPD-DMAG members. c. Review hydrological status of the basin. d. Review the roles of each YPD-DMAG member and discuss their plans for responding if an elevated Low Inflow Condition is declared. e. Review information reporting by YPD-DMAG members, including a storage history and forecast from the Licensees, a water use history and forecast from each water user on the YPD-DMAG, and state-wide drought response status (including, but not limited to, impact to water quality, fisheries, wildlife, etc.) from the member agencies. £ Public communications. 3. Owners of Public Water System intakes will complete the following activities within 14 days after the Stage 2 Low Inflow Condition is declared: a. Notify their water customers of the continued low inflow condition and movement to more stringent mandatory water use restrictions through public outreach and communication efforts. b. Require that their water customers implement mandatory water use restrictions, in accordance with their drought response plans. At this stage, the goal is to reduce water withdrawals by approximately 10% from the amount that would otherwise be expected. These restrictions may include: • Limiting lawn and landscape irrigation to no more than one day per week (i.e. residential, multi-family, parks, streetscapes, schools, etc). • Eliminating residential vehicle washing. • Limiting public building, sidewalk, and street washing activities except as required for safety and/or to maintain regulatory compliance. • Limiting construction uses of water such as dust control. • Limiting flushing and hydrant testing programs, except to maintain water quality or other special circumstances. • Eliminating the filling of new swimming pools. • Enforce mandatory water use restrictions through the assessment of penalties. • Encourage industrial/manufacturing process changes that reduce water consumption. • Provide a status update to the YPD-DMAG on actual water withdrawal trends. Yadkin Hydroelectric Project (FERC No. 2197) A-14 February 2007 Relicensing Settlement Agreement 4. Non-Public Water Users on the YPD-DMAG will complete the following activities within 14 days after the Stage 2 Low Inflow Condition is declared: a. Notify their employees and/or customers of the low inflow condition through public outreach and communication efforts. b. Request that their employees and customers conserve water through reduction of water use, electric power consumption, and other means. c. Institute in-house conservation consistent with their required drought management plans and minimize consumptive uses to the extent feasible. Yadkin Hydroelectric Project (FERC No. 2197) A-15 February 2007 Relicensing Settlement Agreement Stage 3 -Low Inflow Condition: The Licensees will monitor High Rock Reservoir water elevations, the U.S. Drought Monitor and the designated stream gages and will declare a Stage 3 Low Inflow Condition for the month if the following conditions are present on the first of the month: • The prior month LIP condition was Stage 2; AND • The High Rock Reservoir water elevation is more than 3 ft below the NME. AND EITHER The U.S. Drought Monitor Three-Month Numeric Average for the Yadkin- Pee Dee River Basin draining to Blewett Falls Development is greater than or equal to 3. OR • The Stream Gage Three-Month Rolling Average Flow for the monitored stream gages is less than 30% of the Historic Stream Gage Three-Month Rolling Average Flow. When a Stage 3 Low Inflow Condition is declared: 1. The Licensees will: a. Notify NCDWR of a declaration of Stage 3 Low Inflow condition via email as soon as practicable but no later than 48 hours after the declaration. b. Implement LIP Flows to designated Critical Flows as detailed in Table 6 for each project by the seventh day of the month in which a Stage 3 Low Inflow Condition is declared. To meet the Critical Flows: • APGI will supplement Project inflows by drawing from High Rock and Narrows reservoirs approximately equally on afoot-per-foot basis. • PE will supplement Project inflows by drawing from either Tillery or Blewett Falls as required. c. Update their respective websites as noted in Key Definitions, Facts, and Assumptions No. 4. d. Provide Public Water System intake owners and Non-Public Water Users with bi-weekly (twice each week) updates on reservoir water elevations and inflow of water into the system. Yadkin Hydroelectric Project (FERC No. 2197) A-16 February 2007 Relicensing Settlement Agreement e. Continue participation in monthly or more frequent meeting or conference calls of the YPD-DMAG. 2. NCDWR will coordinate with SCDNR to conduct monthly YPD-DMAG meetings or conference calls to be held on the Monday before the second Tuesday. Monthly discussions will: a. Review provisions of this LIP. b. Clarify communication channels between the YPD-DMAG members. c. Review hydrological status of the basin. d. Review the roles of each YPD-DMAG member and discuss their plans for responding if an elevated Low Inflow Condition is declared. e. Review information reporting by YPD-DMAG members, including a storage history and forecast from the Licensees, a water use history and forecast from each water user on the YPD-DMAG, and state-wide drought response status (including, but not limited to, impact to water quality, fisheries, wildlife, etc.) from the member agencies. f. Public communications. 3. Owners of Public Water System intakes will complete the following activities within 14 days after the Stage 3 Low Inflow Condition is declared: a. Notify their water customers of the continued low inflow condition and movement to emergency water use restrictions through public outreach and communication efforts. At this stage, the goal is to reduce water usage by approximately 20% from the amount that would otherwise be expected. b. Restrict all outdoor water use. c. Implement emergency water use restrictions in accordance with their drought response plans, including enforcement of these restrictions and assessment of penalties. d. Prioritize and meet with their commercial and industrial large water customers and meet to discuss strategies for water reduction measures including development of an activity schedule and contingency plans. e. Prepare to implement emergency plans to respond to water outages. 4. Non-Public Water Users on the YPD-DMAG will complete the following activities within 14 days after a Stage 3 Low Inflow Condition is declared: a. Continue informing their customers of the low inflow condition through public outreach and communication efforts. b. Request that their customers conserve water through reduction of water use, electric power consumption, and other means. Yadkin Hydroelectric Project (FERC No. 2197) A-17 February 2007 Relicensing Settlement Agreement Stage 4 -Low Inflow Condition: The Licensees will monitor reservoir elevations, the U.S. Drought Monitor and the designated stream gages and will declare a Stage 4 Low Inflow Condition for the month if the following conditions are present on the first of the month: • The prior month LIP condition was Stage 3; AND • The High Rock Reservoir water elevation is less than 606.9 ft USGS (November 1 through March 1) or less than 609.9 ft USGS (April 1 through October I ). ~ AND EITHER • The U.S. Drought Monitor Three-Month Numeric Average for the Yadkin- Pee Dee River Basin draining to Blewett Falls Development is greater than or equal to 4. OR • The Stream Gage Three-Month Rolling Average Flow for the monitored stream gages is less than 30% of the Historic Stream Gage Three-Month Rolling Average Flow. When a Stage 4 Low Inflow Condition is declared: The Licensees will notify NCDWR via email as soon as practicable but no later than 48 hours after the declaration. 2. NCDWR will request a meeting of the YAD-DMAG within 5 days after the declaration of the Stage 4 Low Inflow Condition for discussion to determine if there are any additional measures that can be implemented to: a. Reduce water withdrawals, reduce water releases from the projects or use additional reservoir storage without creating more severe regional problems. b. Work together to develop plans and implement any additional measures identified above. c. Communicate conditions to the public. Additional measures may be determined by consensus of the Licensees and State Agencies~with FERC approval as necessary. (NCDWR note -for 401 purposes, "NCDWQ"should be substituted for "FERC" in the preceding sentence). ~ Less than one half the distance between the NME and the Critical Reservoir Water Elevation. Yadkin Hydroelectric Project (FERC No. 2197) A-18 February 2007 Relicensing Settlement Agreement Recovery from LIP Stages Recovery from this LIP will be triggered by any of the three following conditions: • Condition 1: All three triggers associated with a lower numbered LIP Stage are met. OR • Condition 2: High Rock Reservoir water elevations return to at or above the NME PLUS 2.5 ft. OR • Condition 3: High Rock Reservoir water elevations return to at or above the NME for 2 consecutive weeks. When any of these three conditions occurs: 1. The Licensees will take the following action: a. Condition I :The LIP recovery will be a general reversal of the staged approach described above. b. Condition 2: The LIP will be discontinued. c. Condition 3: The LIP will be discontinued. 2. The Licensees will notify the NCDWR via email within 3 business days following attainment of any of the conditions necessary to return to a lower stage of this LIP. Changes to less restrictive Stages will be made: a. Condition 1: on the first of each month if a slow recovery is indicated; or b. Condition 2: immediately if High Rock Reservoir elevations are at or above the NME PLUS 2.5 ft. c. Condition 3: immediately if High Rock Reservoir elevations are at or above the NME for 2 consecutive weeks. 3. The Licensees will update their respective websites as noted in Key Definitions, Facts and Assumptions No. 4. Yadkin Hydroelectric Project (FERC No. 2197) A-19 February 2007 Relicensing Settlement Agreement Appendix B Yadkin Project Hydro Project Maintenance and Emergency Protocol Yadkin Hydroelectric Project (FERC No. 2197) February 2007 Relicensing Settlement Agreement Yadkin Project (FERC No. 2197) Hydro Project Maintenance and Emergency Protocol 1.0 Overview Under some maintenance and emergency situations, certain license conditions may be impractical or even impossible to meet and may need to be suspended or modified temporarily. The objectives of this Hydro Project Maintenance and Emergency Protocol (HPMEP) are to define the most likely situations of this type, identify the potentially impacted license conditions, and outline the general approach that Alcoa Power Generating Inc. (Licensee) will take at the Yadkin Project (Project) (Federal Energy Regulatory Commission -FERC No. 2197) to maintain operations consistent with license conditions, to the maximum extent possible, and to communicate with the resource agencies and affected parties. Due to the potential variability of these abnormal situations, this HPMEP is not intended to give an exact step-by-step solution path. It does, however, provide basic expectations for the Licensee's approach to dealing with the situation. The specific details of each maintenance or emergency situation will vary and will be determined on a case-by-case basis as this HPMEP is implemented. The Licensee will review the requirements of this HPMEP each time it is used and if it determines revisions are warranted, the Licensee will consult with appropriate resource agencies and shall file with the Commission a revised HPMEP for the Yadkin Project. The Licensee shall include with the revised HPMEP documentation of consultation, copies of comments and recommendations on the revised HPMEP after it has been drafted and provided to the agencies for their review, and specific descriptions of how comments are accommodated by the final revised HPMEP. The Licensee shall allow a minimum of 30 days for the agencies to comment on the revised HPMEP prior to filing it with the Commission. If the Licensee does not adopt a recommendation, the filing shall include the Licensee's reasons, based on Project-specific information. Upon Commission approval, the Licensee shall implement the revised HPMEP, including any changes required by the Commission. (NCDWR note -for 401 purposes, "NCDWQ"should be substituted for all references to "Commission" in this paragraph) 2.0 Key Definitions, Facts, and Assumptions Required Minimum Instream Flows -For the purposes of this HPMEP, this term refers to the Required Minimum Instream Flow requirements included in the new FERC license for the Project. 2. LIP Flows -For the purposes of this HPMEP, a Low Inflow Protocol (LIP) flow is any flow required under the LIP. Public Information Obli atg ions -The Licensee will develop and provide information on its website to inform the public on reservoir water elevations, Project releases, usability of public access areas, reservoir inflows, meteorological forecasts, Historical and Actual Stream Gage Three-Month Rolling Average Flow calculations, U.S. Drought Monitor Three-Month Numeric Average calculations, LIP status, flow and drought triggers, and implementation of this HPMEP. Yadkin Hydroelectric Project (FERC No. 2197) February 2007 Relicensing Settlement Agreement 4. Full Pond Elevation -Also referred to as "full pond", this is the elevation of a reservoir (measured in feet, USGS datum [NGVD 1929] that corresponds to the point at which water would first begin to spill at the dam if the Licensee took no action. This elevation corresponds to the lowest point along the top of the flood gates. The Full Pond Elevations for the Yadkin Project reservoirs are: Reservoir Full Pond Elevation feet USGS datum -NGVD 1929 High Rock 623.9 Tuckertown 564.7 Narrows 509.8 Falls 332.8 Normal Minimum Elevation (NME) -The elevation of a reservoir (measured in feet, USGS datum [NGVD 1929]) that defines the bottom of the reservoir's Normal Operating Range for a given day of the year. 6. Normal Reservoir Operating Range -The band of reservoir water elevations within which the Licensee normally attempts to maintain a given reservoir on a given day. Each reservoir has its own specific Normal Reservoir Operating Range, bounded by Full Pond Elevation and Normal Minimum Elevation. If net inflows to the reservoir are within a reasonable tolerance of the average or expected amounts, Project equipment is operating properly, the LIP has not been implemented, and this HPMEP has not been implemented, reservoir water elevation excursions outside of the Normal Reservoir Operating Range should not occur. The new FERC license for the Project includes operating curves that establish the Normal Reservoir Operating Range for each Project reservoir. Yadkin Hydroelectric Project (FERC No. 2197) February 2007 Relicensing Settlement Agreement 7. Most Likely Situations -The following table identifies the most likely situations when this HPMEP will be implemented and the license conditions that would most likely be affected: Situation Indications Potentially Affected License Conditions Required Normal Minimum Reservoir Instream Flows Operating Range or LIP Flows Hydro Unit or Dam Maintenance may require X X Maintenance hydro unit shutdown or gates laced out of service. Maintenance of Normal Maintenance will require X Means of Providing interruption of scheduled Required Minimum minimum releases from Instream Flow normal locations. afety Emergency Red Alert or Yellow Alert X X (i.e. dam failure has occurred, is imminent or a potential failure situation is developing) is declared per Emergency Action Plan or other dam safety concern is identified. Voltage or Capacity A voltage or capacity X X Emergency emergency is declared by the electric grid security authority. Reservoir Drawdown The reservoir water elevation X X Beyond Normal Minimum at a reservoir is significantly Elevation due to below Normal Minimum maintenance, emergency or Elevation other reasons (not due to low inflow) Expected or existing high The reservoir water elevation X X inflow event at a reservoir is significantly below the Normal Minimum Elevation Returning to Normal -Some of the above situations can impact the Licensee's ability to operate the Project in the most efficient and safest manner for power production. The Licensee will therefore endeavor in good faith to repair existing 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. 9. Scheduled Maintenance - Maintenance that is planned at least 3 months in advance. Yadkin Hydroelectric Project (FERC No. 2197) February 2007 Relicensing Settlement Agreement 10. Unscheduled Maintenance -Any maintenance activity other than Scheduled Maintenance that arises out of need, generally in response to unexpected conditions or events. 11. Incidental Maintenance -Maintenance of Project works that are very brief or that require minimal, if any, deviation from normal license conditions. For the purposes of this HPMEP, maintenance of Project works that does not require deviation from any license conditions related to Required Minimum Instream Flows, LIP Flows or the Normal Reservoir Operating Ranges or are less than 24 hours in duration are considered Incidental Maintenance and, except for the identified notification for Incidental Maintenance that impact Required Minimum Instream Flows, are exempt from the requirements of this HPMEP. 12. Notification Guidance for Scheduled Maintenance - Once a likely maintenance schedule has been established, the Licensee will endeavor in good faith to provide as much advance notice as possible to the affected parties identified in this HPMEP. 13. Notification Guidance for Unscheduled Maintenance and Emer eg ncies - In the event of an emergency or unscheduled maintenance, it is not possible for the Licensee to assure any level of advance notice. For these situations, the Licensee will endeavor in good faith to inform the affected parties identified in this HPMEP within some reasonable amount of time after the situation has been identified. 14. Preparation for High Inflow Events -With modern forecasting, it is more possible than ever to predict large precipitation events and to increase generation hours to reduce reservoir water elevations in order to mitigate the potential for spilling and downstream high water. Typically, this type of advance action is taken from 1 to 5 days before the expected arrival of a storm. It is assumed that the Normal Reservoir Operating Ranges may not provide adequate flexibility (i.e. band width) to allow for this type of reservoir water elevation reduction under heavy inflow circumstances, and therefore, allowances are made in this HPMEP to lower reservoir water elevations below the Normal Minimum Elevations, if needed, in preparation for such events. 15. Relationship Between this HPMEP and the Low Inflow Protocol -The Low Inflow Protocol (LIP) provides for deviations from the Required Minimum Instream Flows and deviation from the Normal Reservoir Operating Ranges when water demands on the reservoirs substantially exceed net inflow. Lowered reservoir water elevations caused by maintenance or emergency situations addressed under this HPMEP will not invoke implementation of the LIP. 16. Critical Flow -The flow that is considered necessary to prevent long-term or irreversible damage to aquatic communities consistent with the resource management goals and objectives for the affected stream reaches and necessary to provide some basic level of water quality maintenance in affected river reaches. The LIP defines the Critical Flow from the Falls Development as 770 cfs, measured on a daily average basis 17. Organizational Abbreviations -Organizational abbreviations include Alcoa Power Generating Inc. (APGI), Progress Energy (PE), 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 Wildlife Resources Commission (NCWRC), the United States Fish and Wildlife Service (USFWS). Yadkin Hydroelectric Project (FERC No. 2197) February 2007 Relicensing Settlement Agreement 18. Voltage and Capacity Emer eg ncies -The Yadkin transmission system is interconnected to the Duke Power transmission system and the Progress Energy transmission system. If system reliability is at risk due to Voltage and Capacity Emergencies, the ability to provide secure and continuous electric service becomes compromised. The electric grid security authority continuously monitors the electric transmission system. Therefore, for the purposes of this HPMEP, a voltage or capacity emergency shall exist when declared by the electric grid security authority. 19. Human Health and Safety and Electric System Integrity are of Utmost Importance -Nothing in this HPMEP will limit the Licensee's ability to take any and all lawful actions necessary at the Yadkin Project to protect human health and safety, protect its equipment from major damage, and ensure the stability of the regional electric grid. It is recognized that the Licensee may take the steps that are necessary to protect these things without prior consultation or notification. 20. Large Water Intake -For the purposes of this HPMEP, a Large Water Intake is any intake (e.g. public water supply, industrial, agricultural, power plant, etc.) having a maximum instantaneous capacity greater than or equal to one Million Gallons per Day (MGD), the FERC approval level for new intakes. 21. Critical Reservoir Water Elevation -The elevation of water in a reservoir (measured in feet, USGS datum [NGVD 1929]) below which a Large Water Intake or hydropower plant located on the reservoir cannot operate under normal conditions. The Critical Reservoir Water Elevations are the Critical Reservoir Water Elevations defined in the LIP. 3.0 General Approach to Abnormal Situations A. Powerhouse and Dam Maintenance 1. Mitigating Actions a. Scheduled Maintenance Scheduling - To the extent practical, the Licensee will avoid scheduling unit maintenance that would impact Required Minimum Instream Flows or LIP Flows, unless it is likely that the equipment condition will cause damage or unscheduled unit maintenance if repairs are delayed. b. Unscheduled Maintenance Required Minimum Instream Flow Releases - If the Unscheduled Maintenance affects equipment that provides the normal method of providing Required Minimum Instream Flows or LIP Flows, then the Licensee will endeavor in good faith to restore some or all of the Required Minimum Instream Flows or LIP Flow as soon as practicable. Yadkin Hydroelectric Project (FERC No. 2197) February 2007 Relicensing Settlement Agreement 2. Communication with Resource Agencies and Affected Parties a. Scheduled Maintenance 1) Direct Consultation - If the Scheduled Maintenance will affect any Required Minimum Instream Flow release or Normal Reservoir Operating Range, the Licensee will consult with NCDENR, NCWRC, PE, and USFWS, as soon as approximate maintenance schedule dates are determined, but at least 10 days prior to beginning any reservoir drawdown for the unit maintenance. If the scheduled maintenance is expected to result in a drawdown of any of the Project reservoirs below the Critical Reservoir Water Elevation, the Licensee will consult with the North Carolina State Historic Preservation Office (NCSHPO). The Licensee will notify FERC after consultation with agencies. If the maintenance will require a reservoir drawdown below the Critical Reservoir Water Elevation (as defined in the LIP) the Licensee will notify the owner of any Large Intakes located on the reservoir of the maintenance and drawdown schedule. The Licensee will consider options suggested by the identified agencies and organizations that could lessen the impact of the maintenance. 2) General Notification - If the Scheduled Maintenance will affect any downstream Required Minimum Instream Flow release or Normal Reservoir Operating Range, at least 10 days before beginning any reservoir drawdown or the unit maintenance, the Licensee will add the appropriate messages to its public information website and/or its reservoir water elevation phone system to inform the general public of the maintenance and drawdown schedule. b. Unscheduled Maintenance 1) Direct Notification - If the Unscheduled Maintenance will affect any Required Minimum Instream Flow, LIP Flow, or Normal Reservoir Operating Range, the Licensee will notify NCDENR, NCWRC, PE, USFWS, and FERC as soon as possible after the unscheduled maintenance begins, but no longer than 72 hours afterwards. If the maintenance will require a reservoir drawdown below the Critical Reservoir Water Elevation (as defined in the LIP), the Licensee will notify the owner of any Large Intakes located on the reservoir of the maintenance and drawdown schedule. 2) General Notification - If the Unscheduled Maintenance will affect any Required Minimum Instream Flow, LIP Flow or Normal Reservoir Operating Range, as soon as possible after the unscheduled maintenance begins but no longer than 72 hours afterwards, the Licensee will add the appropriate messages to its public information website and its reservoir water elevation phone system to inform the general public of the maintenance and drawdown schedule. Yadkin Hydroelectric Project (FERC No. 2197) February 2007 Relicensing Settlement Agreement 3) Direct Consultation - If the Unscheduled Maintenance will affect any Required Minimum Instream Flow, LIP Flow, or Normal Reservoir Operating Range, the Licensee will consult with NCDENR, NCWRC, PE, USFWS as soon as possible after the unscheduled maintenance begins, but no longer than 10 days afterwards. If the Unscheduled Maintenance is expected to result in a drawdown of any of the Project reservoirs below the Critical Reservoir Water Elevation, the Licensee will consult with the NCSHPO. The Licensee will notify FERC after consultation with agencies. The Licensee will consider options suggested by the identified agencies and organizations that could lessen the impact of the maintenance. B. Maintenance of the Normal Means of Providing Required Minimum Instream Flow 1. Mitigating Actions a. Scheduled Maintenance 1) Scheduling - To the extent practical, the Licensee will avoid scheduling maintenance that would impact the ability to release Required Minimum Instream Flows from the Project, unless it is likely that the equipment condition will cause damage or an unscheduled maintenance condition if repairs are delayed. 2) Required Minimum Instream Flows - If the Scheduled Maintenance cannot avoid impacting Required Minimum Instream Flows from the Project, then the Licensee will endeavor in good faith to restore some or all of the Required Minimum Instream Flows as soon as practicable. 3) Critical Flow - To the extent practical, the Licensee will avoid falling below the Critical Flow (as defined in the LIP). If it is determined that 100% exceedance of the Critical Flow cannot reasonably be achieved, the Licensee will work with the resource agencies to monitor any potential aquatic species impacts in the affected reach below Falls Dam. b. Unscheduled Maintenance 1) Required Minimum Instream Flows - If the Unscheduled Maintenance cannot avoid impacting Required Minimum Instream Flows or LIP Flows, then the Licensee will endeavor in good faith to restore some or all of the Required Minimum Instream Flows or LIP Flows as soon as practicable. 2) Critical Flow - To the extent practical, the Licensee will avoid falling below the Critical Flow (as defined in the LIP) as noted above. If it is determined that 100% exceedance of the Critical Flow cannot reasonably be achieved, the Licensee will work with the resource agencies to monitor any potential aquatic species impacts in the affected reach below Falls Dam. Yadkin Hydroelectric Project (FERC No. 2197) February 2007 Relicensing Settlement Agreement 2. Communication with Resource Agencies and Affected Parties a. Scheduled Maintenance 1) Direct Consultation - If the Scheduled Maintenance cannot avoid impacting Required Minimum Instream Flows from the Project, the Licensee will consult with NCDENR, NCWRC, PE, and USFWS, as soon as approximate maintenance schedule dates are determined, but at least 10 days prior to beginning the maintenance. The Licensee will notify FERC after consultation with the agencies. The Licensee will consider options suggested by the identified agencies and organizations that could lessen the impact of the maintenance. 2) General Notification - If the Scheduled Maintenance will affect any Required Instream Minimum Flow, at least 10 days before beginning the maintenance, the Licensee will add the appropriate messages to its public information website and its reservoir water elevation phone system to inform the general public of the maintenance. b. Unscheduled Maintenance 1) Direct Notification - If the Unscheduled Maintenance cannot avoid impacting Required Minimum Instream Flows from the Project, the Licensee will notify NCDENR, NCWRC, PE, USFWS, and FERC as soon as possible after the unscheduled maintenance begins, but no longer than 72 hours afterwards. 2) Direct Consultation - If the Unscheduled Maintenance cannot avoid impacting Required Minimum Instream Flows or LIP Flows, the Licensee will consult with NCDENR, NCWRC, PE, USFWS as soon as possible after the Unscheduled Maintenance begins, but no longer than 10 days afterwards. The Licensee will notify FERC after consultation with agencies. The Licensee will consider options suggested by the identified agencies and organizations that could lessen the impact of the maintenance. C. Dam Safety Emergency 1. Actions Safety Must Come First - If a Red Alert or Yellow Alert is declared per the Licensee's Emergency Action Plan, or other dam safety concerns arise, the Licensee can take any and all steps necessary to restore the dam to a safe condition. Yadkin Hydroelectric Project (FERC No. 2197) February 2007 Relicensing Settlement Agreement 2. Communication with Resource Agencies and Affected Parties a. Direct Notification -Notification of any dam safety emergency will be conducted strictly in accordance with the Licensee's Emergency Action Plan. In cases where dam safety concerns arise that are not a Red Alert or Yellow Alert 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. b. Once Dam Safety Conditions Have Stabilized -The Licensee will add the appropriate messages to its public information website and/or its reservoir water elevation phone system to inform the general public of the situation and any expected return to normal operation. D. Voltage and Capacity Emergencies 1. Actions a. Normal Reservoir Operating Range - If a Voltage or Capacity Emergency (as defined above) occurs, the Licensee may take any and or all steps necessary to aid in restoring the electric grid to a stable condition. b. Conserving Water for Power Generation - If a Voltage or Capacity Emergency is expected to continue for two weeks or more, the Licensee may reduce Project outflow below Required Minimum Instream Flows or LIP Flows to the Critical Flow (as defined in the LIP) if taking such action is necessary to maintain the water inventory in Project reservoirs for use during the voltage and capacity emergency. During a voltage and capacity emergency, the Licensee will not conserve water for power generation strictly as a cost avoidance measure, but only to assist in addressing the emergency. 2. Communication with Resource Agencies and Affected Parties a. Direct Notification -The Licensee will notify NCDENR, NCWRC, PE, USFWS and FERC as soon as possible following a deviation from license conditions for Voltage or Capacity Emergency reasons. If the Voltage or Capacity Emergency is expected to result in a drawdown of a reservoir below it Critical Reservoir Water Elevation, the Licensee will notify NCSHPO. b. General Notification -Within 72 hours following the start of the emergency deviation, the Licensee will add the appropriate messages to its public information website and its reservoir water elevation phone system to inform the general public of the situation and any expected dates for return to normal operations. Yadkin Hydroelectric Project (FERC No. 2197) February 2007 Relicensing Settlement Agreement c. Direct Consultation -The Licensee will consult with NCDENR, NCWRC, PE, and USFWS as soon as possible following a deviation from license conditions for voltage or capacity emergency reasons. The Licensee will consult with downstream water users if they are affected by the Voltage and Capacity Emergency through reduction of the Required Minimum Instream Flow or LIP Flow to the Critical Flow. If the voltage or capacity emergency is expected to result in a dawdown of any of the Project reservoirs below the Critical Water Elevation, the Licensee will consult with NCSHPO. The Licensee will notify FERC after consultation with agencies. If the emergency requires a reservoir drawdown below the Critical Reservoir Water Elevation the Licensee will notify the owner of any Large Intakes located on the reservoir of the nature of the emergency and the anticipated dawdown schedule. The Licensee will consider options suggested by the identified agencies and organizations that could lessen the impact of the emergency. E. Reservoir Drawdown 1. Actions a. Planned Drawdowns 1) Scheduling - To the extent practical, the Licensee will avoid scheduling reservoir drawdowns needed for maintenance purposes that would impact the ability of the Licensee to release Required Minimum Instream Flows from the Project. 2) Required Minimum Instream Flows - If a Planned Drawdown cannot avoid impacting Required Minimum Instream Flows from the Project, then the Licensee will endeavor in good faith to restore some or all of the Required Minimum Instream Flows as soon as practicable. 3) Critical Flow - To the extent practical, the Licensee will avoid falling below the Critical Flow (as defined in the LIP). If it is determined that 100% exceedance of the Critical Flow cannot reasonably be achieved, the Licensee will work with the resource agencies to monitor any potential aquatic species impacts in the affected reach below Falls Dam. b. Unplanned Drawdowns 1) Required Minimum Instream Flows - If an Unplanned Drawdown cannot avoid impacting Required Minimum Instream Flows from the Project, then the Licensee will endeavor in good faith to restore some or all of the Required Minimum Instream Flows as soon as practicable. 2) Critical Flow - To the extent practical, during an Unplanned Drawdown, the Licensee will avoid falling below the Critical Flow (as defined in the LIP). If it is determined that 100% exceedance of the Critical Flow cannot reasonably be achieved, the Licensee will work with the resource agencies to monitor any potential aquatic species impacts in the affected reach below Falls Dam. Yadkin Hydroelectric Project (FERC No. 2197) February 2007 Relicensing Settlement Agreement 2. Communication with Resource Agencies and Affected Parties a. Planned Drawdowns 1) Direct Consultation - If the Planned Drawdown will cause the reservoir to be out of the Normal Reservoir Operating Range, the Licensee will consult with NCDENR, NCWRC, PE, and USFWS as soon as approximate dates of a planned drawdown are determined, but at least 10 days prior to beginning the drawdown. If the Planned Drawdown is expected to draw the reservoir below the Critical Reservoir Water Elevation, the Licensee will consult with NCSHPO. If the Planned Drawdown is expected to go below the Critical Reservoir Water Elevation (as defined in the LIP), the Licensee will consult with the owners of any Large Intakes located on the reservoir. The Licensee will notify FERC after consultation with agencies. The licensee will consider options suggested by the identified agencies and organizations that could lessen the impact of the drawdown. 2) General Notification - If the Planned Drawdown will cause the reservoir to be out of the Normal Reservoir Operating Range, at least 10 days before beginning any drawdown, the Licensee will add the appropriate messages to its public information website and its reservoir water elevation phone system to inform the general public of the planned drawdown schedule. b. Unplanned Drawdowns 1) Direct Notification - If an Unplanned Drawdown causes the reservoir to be out of the Normal Reservoir Operating Range or the unplanned drawdown cannot avoid impacting Required Minimum Instream Flows or LIP Flows, the Licensee will notify NCDENR, NCWRC, PE, USFWS, and FERC, of the Unplanned Drawdown as soon as practicable, but no longer than 72 hours afterwards. 2) Direct Consultation - If the Unplanned Drawdown cannot avoid impacting Required Minimum Instream Flows or LIP Flows, the Licensee will consult with NCDENR, NCWRC, PE, and USFWS as soon as possible, but no longer than 10 days afterwards. The Licensee will notify FERC after consultation with agencies. The Licensee will consider options suggested by the identified agencies and organizations that could lessen the impact of the drawdown. F. Expected or Existing High Inflow Event 1. Actions In preparation for an expected high inflow event or in response to an ongoing high inflow event, the Licensee may reduce reservoir water elevations significantly below the Normal Minimum Elevation, in order to minimize the effects of spilling. The reservoir water elevation may be below Normal Minimum Elevations for as long as necessary to minimize the effects of spilling and to manage reservoir elevations during high inflow events. Yadkin Hydroelectric Project (FERC No. 2197) February 2007 Relicensing Settlement Agreement 2. Communication with Resource Agencies and Affected Parties a. Direct Notification -The Licensee will notify NCDENR, NCWRC, PE, USFWS and FERC as soon as practicable following a deviation from the Normal Reservoir Operating Range for an existing or expected high inflow event. If the drawdown is anticipated to go below Critical Critical Reservoir Water Elevation (as defined in the LIP) of the reservoir, the Licensee will notify the owners of any Large Water Intakes on the reservoir. General Notification - As soon as practicable after the Licensee determines that deviation from Normal Reservoir Operating Range is needed due to an ongoing or expected high inflow event, the Licensee will add the appropriate messages to its public information website and its reservoir water elevation phone system to inform the general public of the situation and any expected dates for return to normal operations. Yadkin Hydroelectric Project (FERC No. 2197) February 2007 Relicensing Settlement Agreement