20150124 Ver 1_Draft License Application Comments_20150202

NCDENR
North Carolina Department of Environment and Natural Resources
Pat McCrory Donald R. van der Vaart
Governor Secretary
February 2, 2015
DWR #: 15-0124
Chatham County
Mr. Andrew I McMahan, President
McMahan Hydroelectric, LLC
105 Durham Eubanks Road
Pittsboro, NC 27312
[e-mail]
Via Email
Subject: Draft License Application Comments
Bynum Hydroelectric Project (P-4093-032NC)
Dear Mr. Mahan:
Pursuant to the Regulations governing the relicensing of a hydroelectric project by the Federal
Energy Regulatory Commission (FERC) under the Traditional Licensing Process (TLP) (18 CFR 16.8),
this letter contains the comments and recommendations of the Water Quality Permitting Section
of the North Carolina Division of Water Resources (NCDWR) on the Draft License Application (DLA)
for the Bynum Hydroelectric Project. The Water Quality Permitting Section of NCDWR is the
certifying agency under Section 401(a)(1) of the Federal Water Pollution Control Act, 33
U.S.C.§1341(a)(1)
On September 16, 2013, you submitted a notice of intent to file an application and request to use
the TLP for the project. FERC approved use of the TLP on September 30, 2013. You filed a Pre-
Application Document on October 30, 2013. A site visit and meeting was held on December 19,
2013, which NCDWR personnel attended. The NCDWR provided first stage comments and study
requests on February 17, 2014, which you replied to on April 17, 2014. You submitted the DLA for
comment on November 4, 2014, indicating that you propose to obtain and renovate the existing
facilities and operate the project in a run-of-river mode of generation.
Division of Water Resources—401 &Buffer Permitting Unit
1617 Mail Service Center,Raleigh,North Carolina 27699-1617
Location:512 N.Salisbury St.Raleigh, North Carolina 27604
Phone:[phone] FAX:[phone]
Internet:www.ncwaterquality.org
An Equal Opportunity 1 Affirmative Action Employer—Made in part by recycled paper

McMahan Hydroelectric, LLC
D W R#15-0124
Page 2 of 3
In addition to the comments submitted by Chris Goudreau, NC Wildlife Resources Commission, on
January 28, 2015 and Fred Tarver, NC Division of Water Resources, on January 30, 2015,the Water
Quality Permitting Section of NCDWR provides the following comments.
1. E3.1 Circumstances of Application
Under 15A NCAC 02H.0502 (f)your signature on the 401certification application "certifies that the
applicant has title to the property, has been authorized by the owner to apply for certification or is
a public entity and has the power of eminent domain." The required ownership certification
ensures that the applicant owns the project's dam and powerhouse and is fully capable of
implementing all protections of water quality that may be imposed as conditions in a 401
certification. The Division cannot consider an application to be a valid application unless the
applicant has title to the property or has been authorized by the owner to apply for certification.
2. Appendix E.10 Bypass Flow Assessment Plan, 3.3 Water Quality Monitoring
a. Plan should include specific time periods for each specific monitoring frequency proposed (e.g.
weekly between June 1"and August 31").
b. Assuming that continuous 02 monitoring in the river and tailrace will be accomplished with
deployed units, what type of units will be used to collect the data. Low-profile units are
desirable due to reduced risk of vandalism.
c. Plan should include an inspection and calibration schedule for 02 units to prevent membrane
fouling.
d. Units in river and tailrace should be situated such that they are under water at all flows. Plan
should provide the specific depth of deployment for each unit.
e. It would be most informative to sample reservoir on river-left (powerhouse side)at deepest
point, at every foot increment in the water column to determine epi-, meta-and hypoliminion.
f. Plan should include collection of current conditions at time of sampling(e.g.,time, ambient
temperature,wind, last rain event, cloud cover,gage reading, and pond level at dam crest).
g. Plan should stipulate that latitude/longitude coordinates of all sample sites will be collected
and total depth of sample sites in river at both time of deployment and any return visits to
harvest data or for maintenance will also be collected.
Thank you for the opportunity to comment. Please contact me at 919-807-6360 or
[e-mail] or Jennifer Burdette at 919-807-6364 or [e-mail]
if you have any questions or concerns.
Sincerely,
4�m
Karen Higgins, Supervisor
401 & Buffer Permitting Unit

McMahan Hydroelectric, LLC
D W R#15-0124
Page 3 of 3
cc: Chris Goudreau, NCWRC
John Ellis, USFWS
Fred Tarver, NCDWR—Basin Planning Branch
DWR 401 & Buffer Permitting Unit file
Filename: 150124Bynu mHyd roP-4093-032(Chatham)_D LAComments.docx