20041224 Ver 1_Other Agency Comments_20050422

Y ~ ~ `` .
® North Carolina Wildlife Resources Commission
Richard B. Hamilton, Executive Director
Apri122, 2005
Mr. John Dorney
North Carolina Division of Water Quality
Mail Service Center 1650
Raleigh, NC 27699-1650
Subject: Application for 401 Water Quality Certification -FERC License Surrender
Dillsboro~H _d_r~lectric Project, FERC No. 2602
DWQ 04~ 022 ~ ~ `-~ - 1 ZZ y
Jackson County, North Carolina
Dear Mr. Dorney:
This correspondence is in reference to Duke Power's March 11, 2005 Application for 401
Certification for the Dillsboro dam removal. The North Carolina Wildlife Resources
Commission (NCWRC) is authorized to comment and make recommendations regarding impacts
on wildlife and fisheries resources in accordance with provisions of 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.).
In accordance with the 2003 Tuckasegee and Nantahala Settlement Agreements, the NCWRC
supports the removal of Dillsboro dam. However, since the FERC has not completed their
Environmental Assessment or issued a decision for the license surrender, we currently do not
know 1) if the dam will be removed or 2) the details of how removal will take place. Therefore,
issuing a 401 certification at this time should be contingent on the future FERC decision. If the
FERC requires a removal process different than that proposed by Duke Power the 401
certification may need to be modified.
We recommend the measures listed in Duke Power's surrender application as conditions of the
401 certification to protect fish and wildlife resources and habitats. These measures include pre-
removal, removal and post-removal monitoring of water quantity, water quality, aquatic
resources, botanical and wildlife resources, cultural resources, recreational resources, and land
use and aesthetic resources. The monitoring plans are to be developed in consultation with the
NCWRC, NCDWQ, NCDWR, USACOE, USFWS and Eastern Band of Cherokee Indians.
Also, the dam removal methods and techniques proposed by Duke Power in sections 3.2 and 3.3
/~~
Alailing Address: Division of Inland Fisheries 1721 Mail Service Center Raleigh, NC 27699-1721
Tclepl~onc: [phone] Fax: [phone]

' Dillsboro Surrender 401 Page 2 Apri122, 2005
of the surrender application should be followed to minimize impacts to fish and wildlife
resources.
If you have any questions concerning these comments, please contact me at 828-652-4360 ext.
223, [e-mail] or 645 Fish Hatchery Road, Marion, NC 28752-8254.
Sincerely,
Christopher Goudreau
Hydropower Licensing Coordinator
copy via email: Kevin Barnett, NCDWQ
Steve Reed, NCDWR
Jeff Lineberger, Duke Power
John Wishon, Duke Power