20031110 Ver 6_Other Agency Comments_20100528 (3)

® North Carolina Wildlife Resources Commission
Gordon S. Myers, Executive Director
May 28, 2010
Via Email
Mr. John Dorney
North Carolina Division of Water Quality
2321 Crabtree Boulevard, Suite 250
Raleigh, NC 27604
Subject: 401 Water Quality Certification
Nantahala Hydroelectric Project - FERC No. 2694
Dear Mr. Dorney:
This correspondence is in reference to the May 4, 2010 public notice by the North Carolina
Division of Water Quality requesting public comment on the water quality certifications for the
relicensing of the referenced hydroelectric project by owned by Duke Energy Carolinas LLC.
We were involved in the FERC relicensing process for the Nantahala Project since 2000 and are
signatories to the 2003 Nantahala Settlement Agreement.
We recommend that the attached conditions be included in the 401 Water Quality Certification.
These recommendations are drawn from pertinent sections of the Settlement Agreement. We
also recommend that standard conditions applicable to hydropower projects be included in the
certifications, including a re-opener provision.
If you have any questions concerning these comments, please call me at 828-652-4360 ext. 223.
Sincerely,
Christopher Goudreau
Hydropower Licensing Coordinator
Mailing Address: 645 Fish Hatchery Road • Marion, NC 27652
Telephone: [phone] • Fax: [phone]
Nantahala 401 Certification Page 2 May 28, 2010
copy via email: Jim Mead, NCDWR
Mark Cantrell, USFWS
Steve Johnson, Duke Power
Nantahala 401 Certification Page 3 May 28, 2010
Recommended Conditions for Nantahala Project P-2694
1) Reservoir Levels (Section 1.0 of the Nantahala Settlement Agreement)
(A) The Applicant shall use the existing float-operated gage or a suitable replacement gage to
monitor the actual level of Nantahala Lake. The Applicant shall calibrate the reservoir
stage level gage within 60 days following its acceptance of the New License and at least
once every two years thereafter.
(B) The Applicant shall maintain the elevation of Nantahala Lake between the Normal
Minimum and Normal Maximum Elevations ("Normal Operating Range") indicated in
the table below, except when the Applicant is permitted to vary from the Normal
Operating Range as established below. All elevations are relative to the top of the dam
(including the flood gates and fuse plugs), with 100.0 ft = Normal Full Pond Elevation
(approximately 3012.2 ft USGS datum). The elevations shown are for the first day of the
given month. Elevations for other days of the month are determined by linear
interpolation.
Normal Full Pond Elevation = 100.0 ft = approximately 3012.2 f< USGS datum

Month Normal
Minimum
Elevation ft
Normal Target
Elevation (ft) Normal
Maximum
Elevation ft
Jan 73 78 83
Feb 76 83 88
Mar 78 88 93
Apr 85 93 98
May 93 97 99.5
Jun 93 97 99.5
Jul 93 97 99.5
Au 91 96 99.5
Se 88 93 98
Oct 83 88 93
Nov 78 83 88
Dec 73 78 83
(C) The Applicant shall endeavor in good faith to achieve the Normal Target Elevations at
Nantahala Lake.
(D)The Applicant may temporarily vary from the Normal Operating Range as identified
above if required by conditions beyond the Applicant's control or by operating
emergencies or maintenance needs as defined in Settlement Agreement Attachments B
and C. Such temporary variances shall be in accordance with the Low Inflow Protocol or
the Hydro Project Maintenance & Emergency Protocol, incorporated by reference into
this certificate as Settlement Agreement Attachments B and C, respectively.
(E) As long as the actual level of Nantahala Lake is maintained within the Normal Operating
Range as identified above or appropriately within the boundaries as identified in the Low
Nantahala 401 Certification Page 4 May 28, 2010
Inflow Protocol (Attachment B) or the Hydro Project Maintenance & Emergency
Protocol (Attachment C), then the Applicant will be in compliance with Reservoir Level
conditions of this certificate.
(F) The Applicant shall fully comply with these conditions when specified by the New
License.
2) Minimum Flows for Bypassed Reaches (Section 4.0 of the Nantahala Settlement
Agreement)
(A) The Applicant shall 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 required by subparagraph
(C)(2) of this condition, 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 required by subparagraph (C)(3) of this condition, 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.
(B) The Applicant shall 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.
(C) The Applicant shall within six months following its acceptance of the New License,
consult with the Wildlife Resources Commission (NCWRC), NCDWR, NCDWQ, US
Fish & Wildlife Service (USFWS) and the US Forest Service (USFS) and file a plan
("Minimum Flow Plan") for NCDWQ 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 the 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 eight cfs, as calibrated and
metered at the device, from the Whiteoak Creek Diversion Dam into Whiteoak Creek.
4) Within one year following NCDWQ approval of such plan, the Applicant shall
complete the modifications of project facilities identified in the plan and begin
providing the minimum flows as specified in this condition.
(D) The Applicant may temporarily vary from the minimum flows identified in Paragraph
(A) if required by conditions beyond the Applicant's control or by operating emergencies
or maintenance needs as defined in Settlement Agreement Attachments B and C. Such
Nantahala 401 Certification Page 5 May 28, 2010
temporary variances shall be in accordance with the Low Inflow Protocol or the Hydro
Project Maintenance & Emergency Protocol, incorporated by reference into this
certificate as Settlement Agreement Attachments B and C, respectively.
(E) The Applicant shall calibrate the meters used to monitor minimum flows within 60 days
following installation of the additional minimum flow valve and device identified in this
condition and at least once every two years thereafter.
(F) The Applicant shall continue providing each minimum flow for each release point as
specified by the current FERC 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 terms of the New License.
3) Other Resource Enhancements (Section 6.0 of the Nantahala Settlement Agreement)
Note: Duke Power Nantahala Area (DPNA) hydro projects refers to the Nantahala, East and
West Fork Tuckasegee, Mission, Bryson, and Franklin hydroelectric projects.
(A) The Applicant shall provide a one-time funding contribution, in-kind services or a
combination of the two, at the Applicant's option, not to exceed a total cost of $40,000 to
support USFWS and NCWRC studies to determine the range and distribution of the
sicklefin redhorse in the Little Tennessee, Hiwassee and Tuckasegee Rivers.
(B) The Applicant shall provide a one-time funding contribution, in-kind services or a
combination of the two, at the Applicant'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.
(C) The Applicant shall within 1 to 15 years following its acceptance of the new licenses for
the DPNA Hydro Projects, provide Cherokee, Clay, Jackson, Macon and Swain counties
$40,000 each to implement the Applicant-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 any of the
DPNA Hydro Projects or the river sections between the DPNA Hydro Projects and
reservoirs belonging to the Tennessee Valley Authority (TVA).
(D) The Applicant shall within 1 to 15 years following its acceptance of the new licenses for
the DPNA Hydro Projects, provide a total of $200,000 for the purpose of supporting
Applicant-selected riparian habitat enhancement projects on lands that drain to any of the
DPNA Hydro Projects or the river sections between the DPNA Hydro Projects and
reservoirs belonging to the Tennessee Valley Authority (TVA) where such projects (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. The
Applicant will utilize the process outlined in the Attachment I of the Settlement
Agreement in selecting the projects to be funded.
Nantahala 401 Certification Page 6 May 28, 2010
(E) For the purposes of Paragraphs (A) through (D) above, the contribution amounts required
therein represent the total amount for which the Applicant is liable pursuant to these
paragraphs, notwithstanding that identical language may appear in the certificates for the
West Fork and East Fork projects (FERC Project Nos. 2686 and 2698, respectively). For
the purpose of construing these paragraphs, the identical Paragraphs (A) through (D) may
have been included in the certificates for FERC Project Nos. 2686, and 2698 for
informational purposes and not to provide for cumulative obligations.
4)
Sediment Management (Section 9.0 of the Nantahala Settlement Agreement)
(A) The Applicant shall operate the Nantahala Project so as to minimize the need to draw the
reservoirs down to mechanically remove sediment. When sediment must be
mechanically removed, or the reservoirs must be drawn down, the Applicant shall
consult and reach agreement with the NCWRC, USFWS, USFS, NCDWR, USACOE
(United States Army Corps of Engineers) and the NCDWQ concerning any reasonable
and necessary measures to minimize the impact of the drawdown and sediment removal
on the affected environment. This consultation and measures identification shall be
completed prior to operating in any way that would be expected to allow sediment from
upstream of the Nantahala Dam, Whiteoak Creek Diversion Dam, Diamond Valley
Diversion Dam or Dicks Creek Diversion Dam to enter the downstream reaches.
5)
Compliance Monitoring and Reporting Requirements (Section 13.0 of the Nantahala
Settlement Agreement)
(A) Beginning in the first calendar year after its acceptance of the New License, the
Applicant shall provide annually to the NCDWR, NCWRC, USFWS and USFS and shall
file with NCDWQ, not later than May 31, a report containing: (1) a table of the elevation
of Nantahala Lake on a daily basis during the previous calendar year (Condition 1), and
(2) certification by the Applicant that the minimum flow release requirements (Condition
2) were met during the previous calendar year.
(B) If during the previous calendar year there were any deviations of reservoir levels above
or below the Normal Operating Range (Condition 1), or the minimum flow release
requirements (Condition 2), then the Applicant shall include in the report described in
Paragraph (A) above an explanation of each incident during the previous calendar year
when the deviations occurred, together with information sufficient to explain the reasons
for each such incident.
6) Settlement Agreement Attachments Incorporated by Reference
Attachment B. Low Inflow Protocol (LIP) for the Nantahala Project
Attachment C. Hydro Project Maintenance & Emergency Protocol (HPMEP) for the
Nantahala Project