20070812 Ver 1_WRC Comments_20070712

® North Carolina Wildlife Resources Commission
Richard B. Hamilton, Executive Director
12 July 2007
Mr. John Dorney
Division of Water Quality - 401 Unit
N.C. Department of Environment & Natural Resources
1650 Mail Service Center
Raleigh, NC 27699-1650
Subject: Application for 401 Water Quality Certification
Yadkin Hydroelectric Project (FERC No. 2197)
APGI; Davie, Davidson, Rowan, Stanly, and Montgomery Counties
Dear Mr. Dorney:
The North Carolina Wildlife Resources Commission has reviewed APGI's application for 401
water quality certification in conjunction with the license application submitted to the FERC.
We provide these comments in accordance with provisions of the Clean Water Act (33 U.S.C.
466 et seq.), the Federal Power Act (16 U.S.C. 791a et seq.) and the Fish and Wildlife
Coordination Act (48 Stat. 401, as amended; 16 U.S.C. 661 et seq.). We recommend that the
following conditions be included in the 401 certification. They are based on the Relicensing
Settlement Agreement (RSA) filed with the FERC by APGI on 7 May 2007.
Reservoir Water Levels and Operations
High Rock Reservoir
The Licensee 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 Required Minimum Instream Flows, 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 Licensee shall
Mailing Address: Division of Inland Fisheries 1721 Mail Service Center Raleigh, NC 27699-1721
Telephone: [phone] Fax: [phone]

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12 JULY 2007
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 Required
Minimum Instream Flows.
Under this condition, releases from Falls will be limited to those defined in Required Minimum
Instream Flows.
Figure PO-1. High Rock Reservoir OFseratirtg Curve
Jan =eb Mar Apr May .dun. Jul Aug Sep pct Nav l~ec
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ff t 9.g Ftesen~cer would trarsi".rm~ b~,eMs~n the 4 fcsgt arc tt CSperaCi~g ~unrm, w h wa~.ter
eieuati~rts iinc•easirmg ar dec~reasir--~, as appAicable. generally aging a straight "ire.
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PAGE 3 12 JULY 2007
Tuckertown Reservoir
The Licensee 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.
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PAGE 4 12 JULY 2007
Narrows Reservoir
The Licensee 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.
Figure PE)-3. Narrows Reservoir Operating Curve
Jan l=am Mar spar Flay J~a>z Jul xug Gct t~rru ~c
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l=ufl and Elevt~ g5i79. fti I
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PAGE 5 12 JULY 2007
Falls Reservoir
The Licensee 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.
Figure PC's-4, Fails Reservoir (}perating Curve
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~Norvacal Rrtinimum Elevatisrr ~ ~ ~ul'r P~ir~~
Reservoir Stabilization to Enhance Fish Spawning
From April 15 through May 15 of each year, the Licensee 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 Licensee 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 Licensee 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
the Commission. Satisfaction of these reporting commitments shall constitute compliance with
this requirement.
Required Minimum Instream Flows
Commencing no later than six months from the effective date of this License and except when
operating under the Low Inflow Protocol (LIP) or Hydro Project Maintenance and Emergency

PAGE 6 12 JULY 2007
Protocol (HPMEP), the Licensee 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
Flow and Reservoir Elevation Monitoring
Within six months of the effective date of this License, the Licensee shall file with the
Commission 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
North Carolina Division of Water Quality (NCDWQ), 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 Licensee 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 Licensee shall allow a minimum of 30 days for the
agencies and Downstream Licensee to comment prior to filing the plan with the Commission. If
the Licensee does not adopt a recommendation, the filing shall include the Licensee's reasons,
based on Project-specific information.
The Commission reserves the right to require changes to the plan. Upon Commission approval,
the Licensee shall implement the plan, including any changes required by the Commission. The
Licensee shall file the final plan with NCDWQ within 30 days of receiving Commission
approval.
Releases from Reservoirs
Releases from High Rock Reservoir
Flow monitoring from the High Rock Development will serve as the measure for the flow
releases from the High Rock Development required under License 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.
Releases from Falls Reservoir
Flow monitoring from the Narrows Development will serve as the compliance measure for the
flow release from the Falls Development required under License Articles PO-1, PO-2 or under
the LIP. Daily average flows within -5% of the applicable minimum flow, measured from 12:01

PAGE 7
12 JULY 2007
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 Licensee shall endeavor to meet the Required Minimum Instream Flows and shall not
routinely use the flow variances provided above. The Licensee 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. The Licensee shall file the
report with the Commission and the North Carolina Department of Environment and Natural
Resources (NCDENR) summarizing its evaluation by no later than March 31 of the following
year. 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 Licensee, the State may request consultation
with the Licensee to discuss the Licensee's reasons for that use and any practicable alternatives
to that use.
Tailwater Water QualitX
The Licensee shall operate the Project in a manner as to meet dissolved oxygen (DO) standards
in all four tailwaters according a schedule agreed upon by APGI and NCDENR
The Licensee shall conduct DO monitoring pursuant to the DO Monitoring Plan approved by
NCDENR as part of the water quality certification issued by that agency and attached to this
License as an Appendix. Any subsequent amendments to the DO Monitoring Plan approved in
writing by NCDENR shall also be approved by the Commission prior to implementation. Copies
of the annual DO monitoring reports submitted to NCDENR shall be filed with the Commission
within 30 days of their filing with NCDENR.

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12 JULY 2007
If you have questions please contact me at [e-mail] or 1721 Mail Service
Center, Raleigh, NC 27699-1721.
Sincerely,
~~~~~~
.G~
Todd D. Ewing
Hydropower Relicensing Coordinator
ec: Jim Mead and Steve Reed (NCDWR)
Ben West (USEPA)
Mark Bowers (USFWS)
Mike Lawyer (NCDWQ)
Gene Ellis (APGI)