20030147 Ver 2_DWR Comments_20071019 (2)

North Carolina
Michael F. Easley, Governor
Mr. John Dorney
Division of Water Quality
401/Wetlands Unit
1650 Mail Service Center
Raleigh, NC 27699-1650
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NCDENR
Department of Environment and
Division of Water Resources
William G. Ross Jr., Secretary
John Morris, Director
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Subject: Application for Section 401 Water Quality Certification
Yadkin-Pee Dee River Hydroelectric Project (FERC No. 2206)
Progress Energy -Montgomery, Stanly, Anson and Richmond Counties
DWQ Project Number 2003-0417 version 3
Dear Mr. Dorney:
The Division of Water Resources (DWR) has reviewed the application fora 401 water quality
certification submitted by Progress Energy (PE) in conjunction with the license application
submitted to the Federal Energy Regulatory Commission (FERC) for PE's Yadkin-Pee Dee
River Hydroelectric Project. We are submitting these comments in response to the notice of
public hearing issued for this project.
DWR submitted earlier comments dated 7/18/07 in response to the original public notice for this
401 certification. These lengthy comments focus on conditions we think should be included in
the 401 certificate and are attached for inclusion in the record for this public hearing.
We also had previously prepared information detailing the process used in determining the
amount of mitigation needed for the proposed minimum release from the Tillery hydroelectric
project. That information is included as a separate attachment for inclusion in the record.
Other parties have submitted comments in support of using dam removal as mitigation for the
proposed minimum release from the Tillery hydroelectric project. DWR has reviewed this dam
removal proposal and while we generally support dam removal efforts, in this instance we think
that the mitigation proposed in the FERC relicensing settlement agreement is significantly better
than what would be provided by removing the two lower dams on the Little River.
One
1611 Mail Service Center, Raleigh, North Carolina 27699-1611 NorthCaro/l/ina
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Natural Resources
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Letter from J. Mead to J. Dorney, 10/19/07
PE 401 Certification, Page 2
One of the primary reasons for this conclusion is the significant difference in stream size
between the Pee Dee (an eighth order stream, with an average width of 600 to 700 feet) and
Little Rivers (a fourth order stream less than 270 feet wide). Amore detailed review of the dam
removal proposal in comparison to the riparian land protection in the settlement agreement is
included as a separate attachment to these comments.
Comments presented at the public hearing by American Rivers and others recommended a higher
minimum release from the Tillery dam than what is included in the relicensing settlement
agreement. These comments focused on streamflow statistics for the Pee Dee River in its pre-
dam, unregulated state, but did not consider results from the site-specific study of instream flows
and aquatic habitat in the river reach downstream of the dam. Those studies evaluated 23
separate aquatic species, life stages and functional guilds. The attached memo from DWR dated
7/6/07 provides more detail about those studies and analyses. Note that the 7/6/07 memo refers
to 29 separate types of organisms rather than 23. This is an error that inadvertently counted 3
duplicated types and included 3 types (life stages of striped bass and sturgeon) that the resource
agencies decided not to evaluate upstream of Blewett Falls dam.
DWR strongly supports the Comprehensive Settlement Agreement that includes a continuous
year-round minimum flow of 330 cfs, with a release of 725 cfs for eight continuous weeks
starting between March 15 and March 22. The instream habitat study results for this minimum
flow are summarized below. The analysis of habitat quantity is based on an accepted metric
used in all other major hydropower relicensing studies in North Carolina (see 7/6/07 memo for
more details).
Habitat Summary for Proposed 330/725 cfs Minimum Release from Tillery Dam
Subreach 3
• 5.35 miles between the dam and the confluence with the Rocky River
• The section of river most affected by the minimum release from the Tillery dam
• 15 of the 23 types of aquatic organisms evaluated would have more than 100% of the pre-
project, "natural" levels of instream habitat.
• American shad spawning habitat is provided at 81% and 74% ofpre-project levels in
March and April, respectively, by the higher release of 725 cfs. This drops off to 24% of
pre-project levels in May when the minimum release is reduced back to 330 cfs, but
resource agencies considered this a marginal month for shad spawning.
• Another 2 of the 23 organism types would have at least 63% and 66% of the pre-project,
"natural" levels of instream habitat -and significantly more in some months.
• In the context ofpre-project conditions, the remaining 5 types of aquatic organisms
experience much less habitat enhancement under the proposed 330/725 minimum release.
Two of these types have small amounts of available habitat in this subreach, even under
optimal flow conditions. The other 3 types are guilds that prefer deep water habitat with
fast current. Note that the proposed 330/725 minimum flow provides three times as
much habitat for these guilds - or more -than what is available under the existing
minimum release.

Letter from J. Mead to J. Dorney, 10/19/07
PE 401 Certification, Page 3
Subreach 2
• 6.15 miles of river between Rocky River and Browns Creek
• 17 of the 23 types of aquatic organisms evaluated would have more than 100% of the pre-
project, "natural" levels of instream habitat.
• American shad spawning habitat is provided at 170% and 125% ofpre-project levels in
March and April, respectively, by the higher release of 725 cfs. This drops off to 42% of
pre-project levels in May when the minimum release is reduced back to 330 cfs, but
resource agencies considered this a marginal month for shad spawning.
• Another 2 of the 23 organism types would have at least 65% and 77% of the pre-project,
"natural" levels of instream habitat -and significantly more in some months.
• In the context ofpre-project conditions, the remaining 3 types of aquatic organisms
experience less habitat enhancement under the proposed 330/725 minimum release.
These 3 types are guilds that prefer deep water habitat with fast current. For two of these
guilds, habitat is provided at 55% or more of the pre-project, "natural" levels of instream
habitat -and significantly more in some months. The third guild would experience
habitat levels ranging from 20% to 49% ofpre-project levels of habitat during the eight
months when it is most impacted. However, during these same months the proposed
330/725 minimum flow provides three to ten times more habitat than what is available
under the existing minimum release.
Subreach 1
• 9.0 miles of river from Browns Creek to headwaters of Blewett Falls reservoir
• 15 of the 23 types of aquatic organisms evaluated would have more than 100% of the pre-
project, "natural" levels of instream habitat.
• American shad spawning habitat is provided at 123% and 96% ofpre-project levels in
March and April, respectively, by the higher release of 725 cfs. This drops off to 36% of
pre-project levels in May when the minimum release is reduced back to 330 cfs, but
resource agencies considered this a marginal month for shad spawning.
• Another 2 of the 23 organism types would have at least 73% of the pre-project, "natural"
levels of instream habitat -and significantly more in some months.
• In the context ofpre-project conditions, the remaining 5 types of aquatic organisms
experience less habitat enhancement under the proposed 330/725 minimum release. Four
of these organism types experience minimum monthly habitat levels at 50%, 52%, 56%
and 58% of the pre-project, "natural" levels of instream habitat -and significantly more
in some months. The last type would experience habitat levels ranging from 18% to 44%
ofpre-project levels of habitat during the five months when this last guild is most
impacted. However, during these same months the proposed 330/725 minimum flow
provides seven to ten times more habitat for this species guild than what is available
under the existing minimum release.

Letter from J. Mead to J. Dorney, 10/19/07
PE 401 Certification, Page 4
In their comments, American Rivers noted that the US Fish and Wildlife Service recommended
higher minimum flows from the Tillery dam. However, it should also be noted that the National
Marine Fisheries Service in comments submitted to FERC dated 5/11/07 supported the 330/725
cfs minimum release contained in the Comprehensive Settlement Agreement.
If you have questions regarding these comments, please contact me at 919-715-5428 or
[e-mail]. The Division of Water Resources would appreciate receiving a draft
version of the 401 certification, so that we can review it and discuss any questions we might have
with you and your staff.
Sincerely,
~~~
Jim Mead
attachments
cc: Rob Krebs, DWQ
Steve Reed and John Sutherland - DWR
Todd Ewing - WRC
Marc Bernstein (NC DOJ)