20031110 Ver 3_401 Application_20091208 (2)

I P Duke
Energye
Carolinas
December 7, 2009
5ll 9MR
D-L - a 2009
DENR - VVA i E+2 OUAUTY
NETLANDS AND STORMWATER BRANCH
Mr. John Dorney
North Carolina Division of Water Quality (NCDWQ)
2321 Crabtree Boulevard
Raleigh, NC 27604
HYDRO LICENSING AND LAKE SERVICES
Duke Energy Carolinas, LLC
526 South Church St.
Charlotte. NC 28202
Mailing Address:
EC12K / P'0 Box 1006
Charlotte. NC 28201-1006
Re: Withdrawal and Re-submittal of Application for 401 Water Quality Certification
Nantahala Hydroelectric Project, FERC No. 2692
DWQ # 2003-1110 V (p
Dear Mr. Dorney:
By a letter dated December 8, 2008, Duke Energy Carolinas, LLC ("Duke") filed a 401 Water
Quality Certification (401 WQC) application with the NCDWQ for relicensing of the Nantahala
Project. Since the one-year timeframe that FERC allows states to process 401 WQC
applications expires on December 10, 2009 (i.e., one year following the date that Duke's WQC
application was stamped accepted by NCDWQ) for the Nantahala Project, Duke hereby
Withdraws the previous 401 WQC application that was stamped received by NCDWQ on
December 10, 2008 and is simultaneously submitting a new 401 WQC application to NCDWQ
for the Nantahala Project. Enclosed is the application fee of $570 for the Nantahala Project.
At this time, Duke is also requesting that the NCDWQ place a hold on the processing of the
Nantahala Project 401 WQC application. Duke is requesting this hold because final disposition
of the Dillsboro Project is an important consideration in the Nantahala Cooperative Stakeholder
Team Settlement Agreement (which also addresses the Nantahala Project) and regulatory
approvals related to the Dillsboro Project are not fully resolved. We request that you provide
public notice of this application within 20 days of the day of receipt. We will be glad to work with
you to identify local newspapers as well as place and pay for the appropriate notices. The
demolition and removal of the Dillsboro Dam and Powerhouse is anticipated to be completed by
March, 2010, at which time Duke will request that NCDWQ begin processing the Nantahala 401
WQC application.
If there are any questions, please call Steve Johnson at 704-382-4240 or Phil Fragapane at
704-382-4138.
Sincerely,
Steven D. Jester, Vice President
Hydro Strategy, Licensing and Lake Services
Duke Energy Carolinas, LLC
SDJ/sj
www. duke-energy. com
c: Mr. Kevin Barnett, Asheville NCDWQ Regional Office
Mr. Jim Mead, NC Division of Water Resources
Secretary, FERC
Jeff Lineberger, Duke Energy Carolinas, LLC
Steve Johnson, Duke Energy Carolinas, LLC
Phil Fragapane, Duke Energy Carolinas, LLC
Garry Rice, Duke Energy
2
DWQ ID: 03-1110
FERC 401 WATER QUALITY CERTIFICATION
APPLICATION
For existing Federal Energy Regulatory Commission (FERC) Permits
* SEND SEVEN (7) COPIES AND THE
APPROPRIATE FEE (SEE ITEM # 16)* OF THIS APPLICATION TO:
THE NC DIVISION OF WATER QUALITY
ATTN: JOHN DORNEY
2321 CRABTREE BLVD., SUITE 250
RALEIGH, NC 27604
(PLEASE PRINT OR TYPE)
1. OWNER'S NAME:
Duke Energy Carolinas, LLC ("Duke")
Note: Duke is the both the applicant for the 401 Water Quality Certificate,
and the Owner and Licensee of the West Fork Tuckasegee River Hydroelectric
Proiect.
2. MAILING ADDRESS:
526 South Church Street
CITY: Charlotte STATE: North Carolina ZIP CODE: 28202
PROJECT NAME:
Nantahala Hydroelectric Proiect, FERC No. 2692 ("Proiect")
PROJECT LOCATION ADDRESS (IF DIFFERENT FROM MAILING
ADDRESS ABOVE):
Nantahala Hydroelectric Plant
27656 Wayah Road
Topton, NC 28781
3. TELEPHONE NUMBER: (WORK) 704 382-5942
4. IF APPLICABLE: AGENT'S NAME OR RESPONSIBLE CORPORATE
OFFICIAL, ADDRESS, PHONE NUMBER:
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Mr. Jeffrey G. Lineberger, Director, Hydro Licensing, Duke Energy
Carolinas, LLC
526 South Church Street, Charlotte, NC 28202
5. LOCATION PROJECT (PROVIDE A MAP, INCLUDING A COPY OF USGS
TOPOGRAPHIC MAP OR AERIAL PHOTOGRAPHY WITH SCALE):
COUNTY: Macon and Clay NEAREST TOWN: A uone
SPECIFIC LOCATION (INCLUDE ROAD NUMBERS, LANDMARKS, ECT.)
See attached map
6. IMPACTED STREAM/RIVER: Nantahala River
RIVER BASIN: Little Tennessee River Basin
CURRENT DIVISION OF WATER QUALITY (DWQ) CLASSIFICATION:
Nantahala River and all regulated tributaries: Class B, Class C, TR
7. (a) IS THE PROJECT LOCATED WITHIN A NORTH CAROLINA DIVISION
OF COASTAL MANAGEMENT AREA OF ENVIRONMENTAL CONCERN
(AEC)? YES 1 NO H
(b) IF THE PROJECT IS LOCATED WITHIN A COASTAL COUNTY (SEE
PAGE 7 FOR LIST OF COASTAL COUNTIES), WHAT IS THE LAND USE
PLAN (LUP) DESIGNATION?
8. (a) ARE ADDITIONAL PERMIT REQUESTS EXPECTED FOR THIS
PROPERTY IN THE FUTURE? YES ? NO © IF YES, DESCRIBE
ANTICIPATED WORK:
9. (a) ESTIMATED TOTAL NUMBERS OF ACRES IN PROJECT:
Nantahala Lake consists of 1,605 acres (surface area at full pond) and
approximately 404 acres of land. The Nantahala Project also includes the
Dicks Creek Pond (0.2 acre reservoir) and Whiteoak Creek Pond (1.1 acre
reservoir).
10. PROVIDE AN APPROPRIATE ENVIRONMENTAL DOCUMENT. THE
DOCUMENT SHOULD ADDRESS:
(a) DATA SHOWING THAT A 7Q10 MINIMUM FLOW WILL BE
PROVIDED
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January, 1999
The Nantahala Project is operated as a peaking station under normal flow
and water conditions. During periods of high stream flow and high reservoir
elevation, the station is operated at maximum load, 24 hours a day, as
needed, to minimize spilling.
In accordance with the Nantahala Cooperative Stakeholder Team (NCST)
Settlement Agreement, several flow-related Protection, Mitigation, and
Enhancement Measures (PM&E) were agreed upon by twenty-one
signatories including the NCDWQ (see the attached Settlement Agreement-
Section 4.0 for details). These minimum flow related measures are as
follows:
Duke will provide the following minimum flows in bypassed reaches:
(1) From the Whiteoak Creek Penstock: a total of 8 cfs into Dicks
Creek from November 1 through May 31 and, after installation of the
second valve, a total of 16 cfs into Dicks Creek from June 1 through
October 31; and (2) From the Whiteoak Creek Diversion Dam after
installation of the minimum flow device, 8 cfs or the inflow into
Whiteoak Creek Pond, whichever is less, into Whiteoak Creek at the
base of the dam from January 1 through December 31.
Duke will continue to maintain Dicks Creek as free flowing with
outflow from the base of Dicks Creek Pond Dam being equal to inflow
into Dicks Creek Pond.
Duke may temporarily vary from the minimum flows as identified
above if required by conditions beyond its control or by operating
emergencies or maintenance needs as defined in Attachments B and C
of the attached Settlement Agreement. Such temporary variances
shall be in accordance with the Low Inflow Protocol or the Hydro
Project Maintenance & Emergency Protocol, incorporated as
Attachments B and C, respectively to the attached Settlement
Agreement.
Duke will calibrate the meters used to monitor minimum flows within
60 days following installation of the additional minimum flow valve
and device identified below and at least once every two years
thereafter.
Duke will within six months following its acceptance of the new
license, consult with the NCWRC, NCDWR, NCDWQ, USFWS, and
the USFS and file a plan ("Minimum Flow Plan") for FERC approval
to modify project facilities to: (1) Maintain the existing minimum flow
valve capable of releasing up to 8 cfs, as calibrated and metered at the
valve, from Whiteoak Creek Penstock into Dicks Creek; (2) Install an
additional minimum flow valve capable of releasing up to 8 cfs, as
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calibrated and metered at the valve, from the Whiteoak Creek
Penstock into Dicks Creek; and (3) Install a minimum flow device
capable of releasing up to 8 cfs, as calibrated and metered at the
device, from Whiteoak Creek Diversion Dam into Whiteoak Creek.
By February 28, 2006 or within one year following FERC approval of
the such plan, whichever comes later, the Licensee will complete the
modifications of the proiect facilities identified in the plan and begin
providing the minimum flows as specified above.
(b) A COST BENEFIT ANALYSIS OF THE PROJECT SHOWING WHY THE
PROJECT IS STILL NECESSARY
Please see Exhibit H (Supplemental Information), Section H2.0 of the
Nantahala Draft License Application for pertinent cost benefit information.
A summary is as follows:
The benefits of the Nantahala Hydroelectric Station as a resource for both
capacity and energy can be expressed in terms of avoided costs. For the
purposes of this evaluation, avoided costs are energy and capacity costs,
which would be incurred by Duke if this particular hydro station were not
available. These costs can be estimated to evaluate alternative resources,
which have a similar impact on system energy and capacity costs.
Duke can connect to the main Duke Energy system at the Tuckasegee
Substation in Jackson County. Duke can also acquire additional power from
the Tennessee Valley Authority (TVA) thru an interconnection at the
Santeetlah Substation in Graham County. Under normal conditions either of
these two suppliers is capable of providing the necessary replacement energy
although at a higher system price.
The average annual generation for the Nantahala Hydro Proiect for the
period 1943-2002 was approximately 227,361 MWh. If the license were not
granted, Duke would incur an additional expenditure. Using the average
annual generation and the SCHEDULE PP-H (NC) 15-year fixed rates for a
small hydro proiect with storage capability as the proxy alternative, the
annual cost of replacement would be approximately $7,794,000.
The Nantahala Hydroelectric Project and Duke's other hydro facilities
produce the lowest cost energy available for Duke and its Nantahala Area
customers. By keeping its costs low, Duke can in turn keep its electric rates
low for its retail and wholesale customers. If the license were not ranted for
the Nantahala Hydroelectric Project, Duke would incur an additional
expenditure. The increase in energy costs to customers if a license is not
granted is computed as the difference in the cost of replacement power and
the cost of power produced by the Proiect. If the license is not granted the
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subsequent increase in energy costs from purchased replacement power
(estimated currently at $7,794,000 annually as described above) may result in
higher electric rates for Duke's retail and wholesale customers.
When water is available to run Duke's conventional hydro units in the
Nantahala Area, this is the least cost option for Duke and its Nantahala area
customers. However, Duke has a shortage of generation capacity relative to
its current Nantahala Area demand during all times of the year. Because of
this, Duke must acquire additional power from either the Tennessee Valley
Authority (TVA) or the rest of Duke's system to satisfy the demand in the
Nantahala Area. Loss of the Nantahala Hydroelectric Station would
therefore increase the generation shortfall and increase dependence on
external power supplies.
(c) DESCRIPTION OF LENGTH OF BYPASS REACH (IF ANY) AND
MEASURES TO PROVIDE FLOW TO THE REACH IN LOW FLOW
CONDITIONS.
The Nantahala River Bypassed Reach from the Nantahala Dam to the
Nantahala Powerhouse is 9.3 miles in length. The Whiteoak Creek Bypassed
Reach from Whiteoak Creek Diversion Dam to the confluence with Whiteoak
Creek is 4 miles in length. Bypassed reaches, combined for the entire Proiect
total 13.3 miles.
The current license for the Nantahala Proiect has Protection, Mitigation, and
Enhancement Measures (PM&E) in place to protect water quality within the
Proiect including Dicks and Whiteoak Creeks and the Nantahala River.
Duke agreed to the following PM&E measures on May 5, 1999 under the
current FERC license:
The 1999 Settlement Agreement provides for Duke to no longer divert flow
from Dicks Creek. Duke will also release 8 cfs from the Whiteoak Creek
Penstock into Dicks Creek from July 1 to November 15. No stream flow
monitoring is required.
The 2003 NCST Settlement Agreement provides for several minimum flow
measures, as well as related PM&E measures, as described in 10(a) of this
application and found in Section 4.0 of the Settlement Agreement. These
flows are summarized as follows:
Minimum Flows in Bypassed Stream Reaches - Assuming the new license for
this Proiect will include the following requirements for minimum releases
from hydro Proiect works into bypassed stream reaches to enhance water
quality and/or aquatic species habitat (except during periods of low inflow
covered by a low inflow protocol):
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Duke will provide the following minimum flows in bypassed reaches:
(1) From the Whiteoak Creek Penstock: a total of 8 cfs into Dicks
Creek from November 1 through May 31 and, after installation of the
second valve, a total of 16 cfs into Dicks Creek from June 1 through
October 31; and
(2) From the Whiteoak Creek Diversion Dam after installation of the
minimum flow device, 8 cfs or the inflow into Whiteoak Creek Pond,
whichever is less, into Whiteoak Creek at the base of the dam from
January 1 through December 31.
Duke will continue to maintain Dicks Creek as free flowing with
outflow from the base of Dicks Creek Diversion Dam being equal to
inflow into Dicks Creek Pond.
Duke may temporarily vary from the minimum flows as identified
above if required by conditions beyond its control or by operating
emergencies or maintenance needs as defined in Attachments B and C
of the attached Settlement Agreement. Such temporary variances
shall be in accordance with the Low Inflow Protocol or the Hydro
Proiect Maintenance & Emergency Protocol, incorporated as
Attachments B and C, respectively to the attached Settlement
Agreement.
Duke will calibrate the meters used to monitor minimum flows within
60 days following installation of the additional minimum flow valve
and device identified below and at least once every two years
thereafter.
Duke will within six months following its acceptance of the new
license, consult with the NCWRC, NCDWR, NCDWQ, USFWS, and
the USFS and file a plan ("Minimum Flow Plan") for FERC approval
to modify proiect facilities to:
(1) Maintain the existing minimum flow valve capable of releasing up
to 8 cfs, as calibrated and metered at the valve, from Whiteoak Creek
Penstock into Dicks Creek;
(2) Install an additional minimum flow valve capable of releasing up
to 8 cfs, as calibrated and metered at the valve, from the Whiteoak
Creek Penstock into Dicks Creek; and
(3) Install a minimum flow device capable of releasing up to 8 cfs, as
calibrated and metered at the device, from Whiteoak Creek Diversion
Dam into Whiteoak Creek.
By February 28, 2006 or within one year following FERC approval of
the such plan, whichever comes later, Duke will complete the
modifications of the proiect facilities identified in the plan and begin
providing the minimum flows as specified above.
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Duke will continue providing each minimum flow for each release
point as specified by the current license, even after expiration of the
current license, until the new minimum flow, pursuant to the new
license, for any specific release point is required to be implemented
under the terms of the New License.
¦ The following NCST Settlement Agreement Protection, Mitigation and
Enhancement measures also are associated with the relicensing of the
Nantahala Proiect (see Section 6.0 of the NCST Settlement Agreement):
1. Duke will provide a one-time funding contribution, in-kind services or
a combination of the two, at Duke's option, not to exceed a total cost
of $40,000* to support a project by the USFWS, NCWRC and the
USFS to restore the native strain of brook trout to a selected stream in
the vicinity of the Tennessee Creek Hydro Station (East Fork Proiect-
FERC Project No. 2698).
2. Within 1 to 15 years following its acceptance of the new licenses for
the Duke Nantahala Hydro Projects, Duke will provide Cherokee,
Clay, Jackson, Macon and Swain counties $40,000* each to implement
the Duke-selected initiatives from a prioritized list identified by each
county's Soil and Water Conservation District board as of July 1,
2005 that (1) make physical improvements that protect soil or water
resources, (2) educate landowners or school children on proper soil or
water conservation practices, and/or (3) improve soil or water
conservation programs that affect lands that drain to anv of the
DPNA Hydro Proiects or the river sections between the Duke Hydro
Proiects and reservoirs belonging to the TVA.
3. Within 1 to 15 years following its acceptance of the new licenses for
the Duke Hydro Proiects, Duke will provide a total of $200,000* for
the purpose of supporting Duke-selected riparian habitat
enhancement projects on lands that drain to any of the Duke Hydro
Projects or the river sections between the Duke Hydro Projects and
reservoirs belonging to the TVA)where such proiects (1) protect or
enhance fish or wildlife habitat directly or (2) educate landowners or
school children about the importance of healthy riparian areas for
fish and wildlife habitat. (Attachment I to the NCST Settlement
Agreement provides additional information).
4. By January 1, 2006 or within one vear following its acceptance of the
new licenses for the East Fork Proiect, West Fork Project (FERC
Project No. 2686) and the Nantahala Project, Duke will purchase and
convey the approximately 150-ac tract of land identified in
Attachment J of the NCST Settlement Agreement to the USFS
5. Duke worked with the USFWS, NCDWR, NCDWO, NCWRC, the
North Carolina State Historic Preservation Officer (NCSHPO) and
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the Eastern Band of Cherokee Indians (EBCI) and completed the
necessary environmental, cultural resource, and engineering
assessments regarding removal of Dillsboro Dam (FERC Proiect No.
2602) and potentially the Dillsboro Powerhouse (see Attachment F of
the NCST Settlement Agreement for a summary). These assessments
evaluated the potential effects of dam removal on aquatic species;
determined the extent of any cultural resources impacts, and
considered the options for removing the powerhouse (i.e. removal,
closure, or leave as-is). (Note - the final assessment report will be
included in the Dillsboro Proiect License Surrender Application that
will be filed with the FERC by June 1, 2004 as noted below). The
FERC issued a License Surrender Order for Dillsboro Dam on July
19, 2007. This Order required the Dillsboro Dam and Powerhouse to
be removed by July 19, 2010. After the License Surrender Order was
issued by the FERC, Duke received a 401 Water Quality Certification
from NCDWO which requires the removal of 70,000 yd3 of sediment
prior to the demolition and removal of the dam and powerhouse.
Duke has also had many legal challenges associated with the Dillsboro
Dam Removal. At the time of this annlication Duke has successfully
removed 34,336 vd' of sediment and is planning to remove the
remaining available sediment by December 31, 2009 with Dam
Removal scheduled to begin on 1/4/2010, assuming all appropriate
approvals have been received.
* Amount increases annually subject to escalation clause in the Tuckasegee Cooperative
Stakeholder Team Settlement Agreement.
(d) MEASURES PLANNED OR TAKEN TO MAINTAIN DOWNSTREAM
WATER QUALITY SUCH AS ADEQUATE DISSOLVED OXYGEN.
The dissolved oxygen concentrations measured at 5-minute intervals in Dicks
Creek and Whiteoak Creek were saturated with oxygen, the diel changes of
oxygen were consistent with water in equilibrium with the atmosphere and
responded to temperature changes. The dissolved oxygen concentrations in
the Nantahala River Bypassed Reach downstream of the confluence with
Dicks Creek were approximately 90% saturated with oxygen The
variability of oxygen was less defined than DO in the tributaries Although
temperature, flow, and resuspension probably contributed to the dissolved
oxygen patterns, concentrations were consistently above 8 mg/1 The lower
dissolved oxygen concentrations in the Nantahala River Bypassed Reach
upstream of Dicks Creek were the result of inadequate instrument
deployment. Dissolved oxygen concentrations were well within state water
quality standards.
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The sixteen years of monthly `grab' dissolved oxygen data collected by the
NCDENR-DWO at the old USGS gage on the Nantahala River revealed
dissolved oxygen concentrations that were consistently greater than the state
water quality standard of 6 mg/1 for trout waters. Given the consistency of
the dissolved oxygen concentrations in the source water (hypolimnions of
Nantahala Lake), the monthly `grab' samples illustrated a remarkable
similarity between the various years in the Nantahala River. The dissolved
oxvaen concentrations were at or near saturation with the atmosphere
throughout the seasons.
Oxygen concentrations released from Nantahala Dam were similar to
ambient concentrations in the Nantahala River. There will be no change in
Proiect operations, thus no change in the DO levels. For a full data set and
discussion, please refer to Exhibit E, Section E2.0 of the Nantahala Proiect
License Application.
11. WHAT IS THE SIZE OF THE WATERSHED 108.3 square mile drainage area
WHAT IS THE FULL-POND SURFACE AREA? 1,605 acres at elevation 3,012
ft. msl.
12. YOU ARE REQUIRED TO CONTACT THE US FISH AND WILDLIFE
SERVICE AND/OR NATIONAL MARINE FISHERIES SERVICE
REGARDING THE PRESENCE OF ANY FEDERALLY LISTED OR
PROPOSED FOR LISTING ENDANGERED OR THREATENED SPECIES OR
CRITICAL HABITAT IN THE PERMIT AREA THAT MAY BE AFFECTED
BY THE PROPOSED PROJECT. DATE CONTACTED:
Letter from Brian Cole (USFWS-Asheville) on March 8, 2000 in association
with Proiect Section 7 consultation and subsequent letters/discussions with
the USFWS during the relicensing process.
13. YOU ARE REQUIRED TO CONTACT THE STATE HISTORIC
PRESERVATION OFFICER (SHPO) REGARDING THE PRESENCE OF
HISTORIC PROPERTIES IN THE PERMIT AREA WHICH MAY BE
AFFECTED BY THE PROPOSED PROJECT. DATE CONTACTED:
Letter from Renee Gledhill-Earley (NC Dept. of Cultural Resources) on
December 16, 1999 in association with cultural resource consultation and
subsequent letters/discussions with the NCDCR during the relicensing
process.
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January, 1999
14. DOES THE PROJECT INVOLVE AN EXPENDITURE OF PUBLIC FUNDS
OR THE USE OF PUBLIC (STATE) LAND? YES ? NO ? (IF NO, GO TO
15)
(a) IF YES, DOES THE PROJECT REQUIRE PREPARATION OF AN
ENVIRONMENTAL DOCUMENT PURSUANT TO THE REQUIREMENTS
OF THE NORTH CAROLINA ENVIRONMENTAL POLICY ACT? YES NO
(b) IF YES, HAS THE DOCUMENT BEEN REVIEWED THROUGH THE
NORTH CAROLINA DEPARTMENT OF ADMINISTRATION STATE
CLEARINGHOUSE YES NO
IF ANSWER 17b IS YES, THEN SUBMIT APPROPRIATE
DOCUMENTATION FROM THE STATE CLEARINGHOUSE WITH THE
NORTH CAROLINA ENVIRONMENTAL POLICY ACT. QUESTIONS
REGARDING THE STATE CLEARINGHOUSE REVIEW PROCESS
SHOULD BE DIRECTED TO MS. CHRYS BAGGETT, DIRECTOR STATE
CLEARINGHOUSE, NORTH CAROLINA DEPARTMENT OF
ADMINISTRATION, 116 WEST JONES STREET, RALEIGH, NORTH
CAROLINA 27603-8003, TELEPHONE [phone].
15. THE FOLLOWING ITEMS SHOULD BE INCLUDED WITH THIS
APPLICATION IF PROPOSED ACTIVITY INVOLVES THE DISCHARGE OF
EXCAVATED OF FILL MATERIAL INTO WETLANDS: N/A
(a) WETLAND DELINEATION MAP SHOWING ALL WETLANDS, STREAMS,
LAKES, AND PONDS ON THE PROPERTY (FOR NATIONWIDE PERMIT
NUMBERS 14, 18, 21,26, 29, AND 38). ALL STREAM (INTERMITTENT
AND PERMANENT) ON THE PROPERTY MUST BE SHOWN ON THE
MAP. MAP SCALES SHOULD BE 1 INCH EQUALS 50 FEET OF 1 INCH
EQUALS 100 FEET OF THEIR EQUIVALENT.
(b) IF AVAILABLE, REPRESENTATIVE PHOTOGRAPH OF WETLANDS TO
BE IMPACTED BY PROJECT.
(c) IF DELINEATION WAS PERFORMED BY A CONSULTANT, INCLUDE
ALL DATA SHEETS RELEVANT TO THE PLACEMENT OF THE
DELINEATION LINE.
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January, 1999
(d) ATTACH A COPY OF THE STORMWATER MANAGEMENT PLAN IF
REQUIRED.
(e) WHAT IS LAND USE OF SURROUNDING PROPERTY?
(f) IF APPLICABLE, WHAT IS PROPOSED METHOD OF SEWAGE
DISPOSAL?
16. CERTIFICATION FEE
(a) IF THE IMPACT IS LESS THAN 1 ACRE OF WETLAND OR WATER AND
LESS THAN 150 FEET OF STREAM, PLEASE ENCLOSE A CHECK FOR
$240.00 MADE OUT TO THE NORTH CAROLINA DIVISION OF WATER
QUALITY.
(b) IF THE IMPACT EXCEEDS EITHER OR BOTH OF THE LEVELS IN (a),
PLEASE ENCLOSE A CHECK FOR $570.00 MADE OUT TO THE NORTH
CAROLINA DIVISION OF WATER QUALITY.
17. PUBLIC NOTICE IS REQUIRED FOR ALL FERC PROJECTS. PLEASE
NOTE THAT THE APPLICANT IS REQUIRED TO REIMBURSE THE
DIVISION OF WATER QUALITY FOR THE COSTS ASSOCIATED WITH
THE PLACEMENT OF THE PUBLIC NOTICE. REFERENCE 15A NCAC 2H
.0503 (f).
SIGNED AND DATED AGENT AUTHORIZATION LETTER, IF APPLICABLE.
NOTE: WETLANDS OR WATERS OF THE US MAY NOT BE IMPACTED PRIOR
TO:
1. ISSUANCE OF A SECTION 404 CORPS OF ENGINEERS PERMIT,
2. EITHER THE ISSUANCE OR WAIVER OF A 401 DIVISION OF
WATER QUALITY CERTIFICATION, AND
3. (IN THE TWENTY COASTAL COUNTIES ONLY), A LETTER FROM
THE NORTH CAROLINA DIVISION OF COASTAL MANAGEMENT
STATING THE PROPOSED ACTIVITY IS CONSISTENT WITH THE
NORTH CAROLINA COASTAL MANAGEMENT PROGRAM,
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January, 1999
OWNER'S/AGENT'S SIGNATURE
Steven D. Jester, Vice President
Hydro Strategy, Licensing and Lake Services
Duke Energy Carolinas, LLC
DATE
(AGENT'S SIGNATURE VALID ONLY IF AUTHORIZATION LETTER FROM
THE OWNER IS PROVIDED).
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January, 1999
NANTAHALA HYDROELECTRIC PROJECT FERC No. 2692
SECTION 401 WATER QUALITY CERTIFICATION
APPLICATION TO THE NORTH CAROLINA
DIVISION OF WATER QUALITY
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CLAY CO.
NORTH CAROLINA
GEORGIA
Prepared by:
DUKE ENERGY CAROLINAS, LLC
Charlotte, North Carolina
DECEMBER 2009
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