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Yadkin Project RSA Language for Water Quality
104
Subject: Yadkin Project RSA Language for Water Quality
From: [e-mail]
Date: Wed, 1 Nov 2006 15:38:00 EST
To: [e-mail], [e-mail], [e-mail],
Steven. [e-mail], west. [e-mail]
CC: [e-mail], [e-mail], [e-mail], [e-mail]
John, Darlene, Jim, Steve and Ben, As we discussed during our last conference call on 10/23/06, APGI
has drafted language for the water quality provisions of the Yadkin relicensing settlement agreement
(RSA) that reflects the agreed upon DO Enhancement schedule for the Project. The attached draft
includes both the Non-FERC provisions of the RSA with respect to water quality, as well as proposed
FERC license articles. We have attached a copy of the draft language for your review in advance of our
conference call scheduled for Monday November 6 at 3:00 PM. For the conference call please use the
usual dial-in number 1-800-582-9029, meeting number *7044225594*.
In addition to reviewing the attached RSA language, we'd also like to use the call on Monday to again
review the schedule for the 401 Application with you.
We look forward to talking with you on Monday.
Wendy Bley
Long View Associates
RSAArticlesWQ110106.doc Content-Type: application/octet-stream
I Content-Encoding: base64
1 of 1 11/6/2006 2:53 PM
CONFIDENTIAL - Not for Distribution Outside the Negotiations Process
Yadkin Project Relicensing Settlement Agreement - Draft Language
DRAFT - Water Quality
NON FERC PROVISIONS
1.0 Water Quality
1.1 Tailwater Dissolved Oxygen Enhancement Schedule
The Licensee shall install equipment and implement measures designed to enhance Project
tailwater dissolved oxygen conditions as specified in the schedule in Table WQ-1.
Table WQ-1 - Dissolved Oxygen Enhancement and Monitoring Schedule
Year -DO Enhancement Action Monitoring/Reporting
2007 - Continuous DO/temp monitoring 5/1-11/30 at existing stations
in all four tailwaters.
- File Draft DO Monitoring and QAPP with NCDWQ as part of
401 Application.
2008 Narrows Unit 2 - Addition of two - Continuous DO/temp monitoring 5/1-11/30 at existing stations
aeration valves by 03/31/08. in all four tailwaters.
- File Final DO Monitoring Plan and QAPP for approval by
NCDWQ and FERC.
2009 Narrows Unit 1 - Addition of two - Implement NCDWQ/FERC approved DO Monitoring Plan.
aeration valves by 12/31/09. - File annual DO monitoring data report with NCDWQ by March
1.
2010 Narrows Unit 3 - Addition of two - Monitoring/reporting in accordance with DO Monitoring Plan.
aeration valves by 12/31/10.
High Rock Unit 3 - Install
"through the blade" aerating
turbine b 12/31/10.
2011 High Rock Unit 2 - Install a
" - Monitoring/reporting in accordance with DO Monitoring Plan.
through the blade" aerating
turbine by 12/31/11. - Initiate special study (up to 2 years) to evaluate the
effectiveness of the aeration at Narrows on DO levels being
dischar a from Falls 2011-2012
2012 High Rock Unit 1 - Install a
" - Monitoring/reporting in accordance with DO Monitoring Plan.
through the blade" aerating
turbine by 12/31112. -Complete second year of 2-year study of effectiveness of
aeration at Narrows on DO at Falls by 12/31/12 and prepare
Stud Report.
2013 - Monitoring/reporting in accordance with DO Monitoring Plan.
- File 2 year Narrows/Falls DO Study Report with NCDWQ by
3/1/13.
- If 2-year study does not demonstrate compliance at Falls
file
,
an Action Plan for DO enhancement at Falls with NCDWQ by
12/31/13.
- Initiate special study (up to 2 years) to evaluate the
effectiveness of aeration at High Rock on DO levels being
dischar ed from Tuckertown (2013-2014).
Revised 11/1/06 Pagel
CONFIDENTIAL - Not for Distribution Outside the Negotiations Process
Yadkin Project Relicensing Settlement Agreement - Draft Language
Year DO` Enhancement Action ,Monitoring/Reporting:
2014 Falls Unit 1 - Install aeration - Monitoring/reporting in accordance with DO Monitoring Plan.
valves or other appropriate
aeration technology, if needed, in - Complete second year of 2-year study of High
accordance with Falls Action Rock/Tuckertown DO by 12/31/14 and prepare Study Report.
Plan b 12/31/14.
2015 Falls Unit 2 - Install aeration - Monitoring/reporting in accordance with DO Monitoring Plan.
valves or other appropriate
aeration technology, if needed, in - File 2 year High Rock/Tuckertown DO Study Report with
accordance with Falls Action NCDWQ by 3/1/15.
Plan by 12/31/15.
- If 2-year study does not demonstrate compliance at
Tuckertown, file an Action Plan for DO enhancement at
Tuckertown b 12/31/15.
2016 Falls Unit 3 - Install aeration - Monitoring/reporting in accordance with DO Monitoring Plan.
valves or other appropriate
aeration technology, if needed, in
accordance with Falls Action
Plan by 12/31/16.
Tuckertown - Install aeration
technology, if needed, at
Tuckertown in accordance with
Tuckertown Action Plan by
12/31/16.
Notes: 1 Actions to be taken under the current FERC license for the Yadkin Project
2 The schedule shown starting in 2008 assumes an effective date of the new FERC license for f
the Yadkin Project of or before May 1, 2008. If the effective date of the new license is after IoR
May 1, 2008, the schedule will be adjusted such that the 2008 sch d e would begin within
the year following the effective date of the new license.a,4., ?
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1.2 Tailwater Dissolved Oxygen Enhancement Operations
As dissolved oxygen enhancement equipment or measures are installed or implemented on the
schedule in Table WQ-1, the Licensee shall operate the generating units with dissolved oxygen
enhancement equipment added on a "first-on-last-off" basis, subject to unit availability, from no
later than May 1 of each year through November 30 of each year.
If at any time during the term of the new FERC license, the Licensee can demonstrate through
studies and/or monitoring that dissolved oxygen conditions have improved, the Licensee may
consult with NCDWQ regarding the possibility of reducing the period of dissolved oxygen
enhancement operations (May 1 - November 30). Should any such consultation result in av( L')"
61-
agreement between the Licensee and the NCDWQ to modify the operation of the Project for
purposes of dissolved oxygen enhancement, the Licensee shall consult with the NCDWQ to
develop a plan to revise dissolved oxygen enhancement operations. The Licensee shall include
with the plan, an implementation schedule, documentation of consultation, copies of comments
and recommendations on the plan after it has been prepared and provided to NCDWQ, and
specific descriptions of how NCDWQ's comments are accommodated by the plan. The
Licensee shall file the plan with the Commission within 30 days of receiving NCDWQ's approval
of the plan.
1.3 Dissolved Oxygen Monitoring W[?M
Revised 11/1/06 Paget
CONFIDENTIAL - Not for Distribution Outside the Negotiations Process
Yadkin Project Relicensing Settlement Agreement - Draft Language
Within six months of the effective date of the new FERC license, the Licensee shall file with
NCDWQ a dissolved oxygen monitoring plan (DO Monitoring Plan) and Quality Assurance
Project Plan (QAPP) for the Project. The DO Monitoring Plan and QAPP will be developed in
consultation with NCDWQ and other appropriate state and federal resource agencies.
The primary component of the DO Monitoring Plan will be the operation of four (4) continuous
DO/temperature monitors (one in each tailwater), for the period May 1 through November 30 of
each year. The Plan shall include a schedule for preparing an annual DO and temperature data
report. The annual report shall be filed with NCDWQ no later than March 31 of the following
year.
The Plan shall also include provisions for conducting two studies as part of the overall DO
enhancement schedule (Table WQ-1) designed specifically to investigate the effectiveness of
aeration technology installed and operating at Narrows, on the DO conditions in the Narrows
and Falls tailwaters, and the effectiveness of aeration technology installed and operating at High
Rock on DO conditions in the High Rock and Tuckertown tailwaters. At the completion of each
of the two studies, the Licensee shall prepare a study report which shall be filed with NCDWQ in
accordance with the schedule in the DO Monitoring Plan. If the study results demonstrate that
the Falls and/or Tuckertown tailwaters do not meet state dissolved oxygen standards as a result
of Project operations, the Licensee shall prepare a DO Action Plan (DOAP) for the Falls and
Tuckertown developments, respectively. The resulting DOAP(s), if needed will be filed with
NCDWQ in accordance with the schedule shown in Table WQ-1. The Licensee shall include
with the DOAP an implementation schedule, documentation of consultation, copies of
comments and recommendations on the plan after it has been prepared and provided to
NCDWQ, and specific descriptions of how NCDWQ's comments are accommodated by the
plan. The Licensee shall file the plan with the Commission within 30 days of receiving
NCDWQ'sy?approval of the plan.
wI *
1.4 Additional Dissolved Oxygen Enhancement Actions
If at any time during the term of the new FERC license, after all the dissolved oxygen
enhancement equipment and measures outlined in Table WQ-1 have been installed and
implemented, the Licensee is notified by the NCDWQ that based on the results of monitoring
under the DO Monitoring Plan, state water quality standards are not being met as a result of the
Licensee's hydroelectric operations, the Licensee shall consult with the NCDWQ to develop a
plan to implement corrective actions. The Licensee shall file a Dissolved Oxygen Corrective
Action Plan (DOCAP) for NCDWQ approval within one year of initiating consultation with the
NCDWQ. The Licensee shall include with the DOCAP an implementation schedule,
documentation of consultation, copies of comments and recommendations on the plan after it
has been prepared and provided to NCDWQ, and specific descriptions of how NCDWQ's
comments are accommodated by the plan. The Licensee shall file the plan with the
Commission within 30 days of receiving NCDWQ's approval of the plan.
1.5 TMDL Process
The Licensee agrees to participate in the High Rock Total Maximum Daily Load (TMDL) process
for High Rock Reservoir initiated by the State of North Carolina in 2005. The Parties agree that
the Licensee will contribute up to $50,000 in in-kind services for planned water quality sampling
efforts, upon notification that the Yadkin-Pee Dee River Basin Association has received federal
or state grants of at least $50,000, for which the Licensee's contribution will be used as the
required "matching funds".
Revised 11/1/06 Page3
t . ,
CONFIDENTIAL - Not for Distribution Outside the Negotiations Process
Yadkin Project Relicensing Settlement Agreement - Draft Language
If, during the term of the new license, other TMDL processes are required for the Yadkin River
or its tributaries, within the Project Boundary of the Yadkin Project, the Licensee will participate
in these processes.
FERC LICENSE ARTICLES COW
fie- W
2.0 Water Quality
2.1 Article WQ-1 - Water Quality . ere
_
The Licensee shall operate the Project in accordance with the conditions of thepater quality
certification submitted by the North Carolina Division of Water Quality under section 401 of the
Clean Water Act.
2.2 Article WQ-2 - Dissolved Oxygen Monitoring
The Licensee shall conduct dissolved oxygen (DO) monitoring pursuant to the DO Monitoring
Plan approved by the North Carolina Division of Water Quality as part of the water quality
certification issued by that agency and attached to the license as an Appendix. Any subsequent
amendments to the DO Monitoring Plan approved by NCDWQ shall also be approved by the
Commission prior to implementation. Copies of the annual DO monitoring reports submitted to
NCDWQ shall be filed with the Commission within 30 days of their filing with NCDWQ.
1
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Revised 11/1/06 Page4