20041101 Ver 5_Other Agency Comments_20100528 (3)

NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Resources
Beverly Eaves Perdue Thomas A. Reeder
Governor Director
May 28, 2010
MEMORANDUM
TO: John Dorney
FROM: Jim Mead rl
SUBJECT: Application for 401 Water Qua ity Certification
Bryson Hydroelectric Project (FERC No. 2601)
Duke Energy Carolinas, LLC - Swain County
DWQ Project Number #2004-1101 Version 6
Dee Freeman
Secretary
The Division of Water Resources (NCDWR) has reviewed the application for 401 water quality
certification in conjunction with the license application submitted to the FERC. We recommend
that the following conditions be included in the 401 certification:
1. The applicant shall manage impoundment levels and downstream releases to maintain run-of-
river operation. A Lake Level and Flow Management Plan (LLFMP) dated 5/26/2010 was
filed as Addendum No. 1 to the application for this water quality certification. This LLFMP
was developed in consultation with the appropriate agencies and we recommend that it be
incorporated by reference in the 401 certificate for the conditions needed to achieve run-of-
river operation.
2. The applicant filed the Nantahala Area Run-of-River Projects Maintenance and Emergency
Protocol (MEP) as an Appendix to the LLFMP dated 5/26/2010. We recommend that the
MEP be incorporated by reference in the 401 certificate as the conditions to be met during
mairfterESnce or emergency situations.
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Memorandum from Jim Mead to John Dorney, 5/28/10
Bryson Hydroelectric Project 401 certification, Page 2
3. The applicant filed the Nantahala Area Run-of-River Projects Sediment Study Plan on
5/27/2010 as Addendum No. 3 to the application for this water quality certification. We
recommend that the Sediment Study Plan be incorporated by reference in the 401
certificate for this project.
4. The applicant shall implement the Trash Removal Program described in the license
application filed with the Federal Energy Regulatory Commission (FERC) in July of
2003. The applicable requirements that should be incorporated in this certification by
reference are in section E7.7 - Volume I, Part 2 of 3 of the FERC License Application.
cc: Tom Fransen and Steve Reed - NCDWR
Chris Goudreau - NCWRC
Mark Cantrell - USFWS
Kevin Barnett - NCDWQ
Marc Bernstein - NCDOJ
Steve Johnson - Duke Energy