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HomeMy WebLinkAbout20080915 Ver 1_CRA Update 2-2015 SC401 Issued_20150213Burdette, Jennifer a From: Oakley, Mark <Mark.Oakley @duke - energy.com> Sent: Friday, February 13, 2015 3:55 PM To: Amy @munione.com; ancientanglertim @aol.com; anna.moore @yorkcountygov.com; APiasecki @kearnswest.com; asurratt @hickorync.gov; awooten @mcdowellgov.com; baizedg @dhec.sc.gov; barbara.k.dankmyer @invista.com; bargentieri @scana.com; bbeasleyl949 @sc.rr.com; bboris @ci.morganton.nc.us; bcampbel @usgs.gov; ben @scwf.org; Bennett.Wynne @ncwildlife.org; Bettingerj @dnr.sc.gov; bgullet @charlottenc.gov; bh.rhodhiss @yahoo.com; Bill.Archer @clariant.com; bmckin non @ci.mooresville.nc.us; bocash3 @yahoo.com; Strong, Brian; brian.wilson @mtholly.us; Setzer, Britt; BSteiner @usgs.gov; bwebb @cityofbelmont.org; BYetman @cityofrockhill.com; byron_hamstead @fws.gov; CalvinThornburg @ci.lincolnton.nc.us; cantrewm @dhec.sc.gov; Goolsby, Carol S; Tingley, Carol; Carolyn.hammond @kershaw.sc.gov; Butler, Catherine Hope; CFlowers @cityofbelmont.org; CGraybeal @hickorync.gov; CHansen @hickorync.gov; Gates, Charlie; Goudreau, Chris J.; chris @ti - law.com; christied @dnr.sc.gov; Church @granitefallsnc.com; coverby @hickorync.gov; craig.wyant @charter.net; csrcomm @gmail.com; ctilley @chmuseums.org; cwinfo @mcdowellgov.com; Karoly, Cyndi; dale.herendeen @resolutefp.com; Mosteller, Dale R; Damon.Crowther @siemens.com; Brandon, Dan; Dan.oakley @ncdenr.gov; darin.steen @catawbaindian.net; david.bernhart @noaa.gov; David .Epley@ maiLci.longview.nc.us; David. Harmon @yorkcountygov.com; Phillips, David W; dblobaum @townofdavidson.org; dchamblee @lincolncounty.org; dchristie @comporium.net; DCook @ci.valdese.nc.us; ddil @centralina.org; Deborah.m.Basnight @invista.com; Whitaker, Dennis J; DHoell @ncem.org; Rayno, Don; Jackson, Donna; DWilliams @petroenviro.com; eaglehull @aol.com; Bruce, Ed; edc @cityofgastonia.com; edc @tworiversutilities.com; Edward.Goscicki @co.union.nc.us; EKimbrell @kearnswest.com; elizwilson @truvista.net; emilyparker @lakewyliemarinecommission.com; emjohnson @scdah.state.sc.us; eparker @centralina.org; Culbert, Erin B; EsRudisi @usgs.gov; fcastles @cmdcsd.com; fmhawkins @comporium.net; Tarver, Fred; Homeowners Assoc, Wateree - comporium; gassociation @truvista.net; Galleher, George A; gewilliams @scana.com; gfmayor @truvista.net; Gormancm @dhec.sc.gov; greatfalls @truvista.net; Greenej @concordnc.gov; grmode @gmail.com; Grosst @concordnc.gov; groupfive @usa.net; Sideris, Harry; hexell @chmuseums.org; Hiattb @ci.concord.nc.us; hM Boyd @ci.charlotte.nc.us; HpSowell @lancastercitysc.com; hshiggins @crescent- resources.com; Mcmillan, Ian; james.friday @mtholly.us; Walls, Jason A; JBagley @cityofrockhill.com;jbrobins @usgs.gov; JByerly @statesvillenc.net; jc @newhopemortgage.com; JCrockett @lancastercitysc.com; jCweaver @usgs.gov; Lineberger, Jeff, Burdette, Jennifer a; Huff, Jennifer R; jeubanks @catawbacountync.gov; jhudson @statesvillenc.net; jhuss @aol.com; jim.burke @gastongov.com; jim_burke @ncsu.edu; jmorse @ci.valdese.nc.us; jn3006 @truvista.net; Hall, Joe S; john.bakerl @ipaper.com; John.Bowyer @amefird.com; Harmon, John W Sr; John.Wear @wpcog.org; Jonathan.Williams @hdrinc.com; Kluttz, Joseph R III; jprosser @centralina.org; jreid @hickorync.gov; jwager @centralina.org; jzdenek @comporium.net; Higgins, Karen; Karla.Reece @noaa.gov; kcarter @caldwellcountync.org; keith.griffin @springs.com; Reagan, Kelvin K; Taylor, Kermitt; kevin.mosteller @hdrinc.com; Kevin @amwhitewater.org; Mcgee, Keyes; kgreer @hickorync.gov; kkearns @kearnswest.com; kvlt @comporium.net; 1 To: Lackstro @mailbox.sc.edu; landsfordcanal @scprt.com; LBailey @ci.lenoir.nc.us; Peele, Linwood; lisa.hagood @mtholly.us; Stryker, Lisa Hoffmann; LKirkpatrick @charlottenc.gov; Ikstory @charter.net; LugoffH20 @aol.com; Ivwp @embarqmail.com; Allocco, Marcia; Oakley, Mark; mark_cantrell @fws.gov; mary @catawbacountync.gov; Green, Mary Kathryn; MattB @cityofgastonia.com; maxdevco @earthlink.net; mbailes @crwtp.org; mblackburnl @carolina.rr.com; mcleodjh @bellsouth.net; Williams, Melanie; MelBeardbc @aol.com; merlinperry @yahoo.com; MFul brig ht @ci.mooresville.nc.us; Parker, Michael; Ruhe, Mike; mizzellh @dnr.sc.gov; mjchap @usgs.gov; mknight @lcwasd.org; M Legg @ci.kannapolis.nc.us; mmedlin @truvista.net; mmorganl0 @carolina.rr.com; montgomeryron @bellsouth.net; MQUATTLEBAUM @scana.com; mshufordwise @embarqmail.com; mvead @catawbacog.org; Wilson, Nat; Sarwar, Neelufa; Homeowners Assoc, Wateree2 - MSN; oglendening @chmuseums.org; onemarina4us @aol.com; pace.wilber @noaa.gov; pambeckl @bellsouth.net; Paulmitchell @comporium.net; perryb @dnr.sc.gov; pgaines @scprt.com; phall @cityofcherryville.com; Fragapane, Phil; piaski @bellsouth.net; pKReynolds @ci.lenoir.nc.us; PostB @dnr.sc.gov; prestohs @dhec.sc.gov; Putnamc @concordnc.gov; Herrin, Randy C; Welch, Randy D; Gledhill - earley, Renee; rERobertson @crwtp.org; rgeorge @ci.morganton.nc.us; Jiran, Rick; Mroczek, Rita; rlthomas @ci.lenoir.nc.us; rmcswain @live.com; Krebs, Rob; Nicholson, Robin P; Lawson, Ronald W; rosel @dnr.sc.gov; roy.crabtree @noaa.gov; RRase @ci.mooresville.nc.us; rsmith @co.iredell.nc.us; Rusty. Rozzelle @MecklenburgCountyNC.gov; sam.erwin @wpcog.org; Young, Sarah; Susan.berley @co.burke.nc.us; scott.carpenter @burkenc.org; Holland, Scott D; ScottHuneycutt @co.union.nc.us; SDavis @camdensc.org; Self r @dnr.sc.gov; sgreene56 @netscape.net; sharris @alexandercountync.gov; skip @perigee.net; squeaksmith @earthlink.net; ssummer @scana.com; Jester, Steve; Johnson, Steven R; stevepeeler @ci.lincolnton.nc.us; sturnmire @co.alexander.nc.us; SWhite @lcwasd.org; sylvest @scdah.state.sc.us; t_eldridge @bellsouth.net; Styer, Tami C; TClark @newtonnc.gov; tcouch @camdensc.org; Tdmead @aol.com; Terry.Lail @ncdenr.gov; thomas_mccoy @fws.gov; Gause, Tim E; tim @ncwf.org; tkenney @foothillsconservancy.org; Fransen, Tom; Reeder, Tom; tom @catawbalands.org; troyblackmon @bankofyork.com; t- Wayne.Chapman -1 @invista.com; vetaylor @roadrunner.com; Vic.carpenter @kershaw.sc.gov; wallison @co.iredell.nc.us; wenonahh @ccpperafts.com; whip6259 @bellsouth.net; WMartin @newtonnc.gov; wMelton @ci.kannapolis.nc.us; Williamson, Justin T; HIGHTOCW @dhec.sc.gov; WENERIWR @dhec.sc.gov; bwebb @cityofbelmont.org; tcouch @camdensc.org; mbailes @comporium.net; bgullet @charlottenc.gov; mmedlin @truvista.net; Lineberger, Jeff, edc @cityofgastonia.com; mshufordwise @embarqmail.com; kgreer @hickorync.gov; rlthomas @ci.lenoir.nc.us; dchamblee @lincolncounty.org; David .Epley@ mail.ci.longview.nc.us; LugoffH20 @aol.com; bmckin non @ci.mooresville.nc.us; bboris @ci.morganton.nc.us; Iisa.hagood @mtholly.us; JBagley @cityofrockhill.com;jhudson @statesvillenc.net; jmorse @ci.valdese.nc.us; Amanda Piasecki; Amy Helms; Amy Steinmetz; Annette Demeny; Ashley Wooten; Barbara K. Dankmyer; Bill Archer; Bill Trudnak; Bill Yetman; Boyd, Robert (NCEM); Stea, Robert; Brian Hiatt; Brian Wilson; Bruce Steiner; Byron Miller; Calvin Thornburg; Christie Putnam; Chuck Flowers; Chuck Gorman; Culbert, Erin B; Curtis Weaver; Damon Crowther; Dave Williams; David Hughes; Deborah Bshnight; Diane Dil; Donald Chamblee; Doug Hoell; Dusty Wentz; Ed Cross; Ed Goscicki; Elana Kimbrell; Eric Robertson; Eric Rudisill; Fragapane, Phil; Helen Sowell; Herrin, Randy C; Jerry Church; Jerry Conley; Jerry Crockett; Jim Greene; Hall, Joe S; Joe Stowe; John To: Bowyer; John Fantry; Jonathan Williams; Kaye Reynolds; Keith Griffin; Ken Kearns; Mcgee, Keyes; Kim Prestwood; Kirsten Lackstrom; Larry Turner; Peele, Linwood; Lisa Hagood; LNMC; Allocco, Marcia; Oakley, Mark; Matt Bernhardt; Parker, Michael; Mike Boyd; Mike Fulbright; Mike Legg; Mike Osborne; Mike Teague; Wilson, Nat; Sarwar, Neelufa; Radford Thomas; Mroczek, Rita; Robert Pearson; Ryan Rase; Sam Davis; Young, Sarah; Scott Huneycutt; Deaton, Shannon L.; Sharon Bowers; Stephen White; Jester, Steve; Terry Gross; Terry Lail; Fransen, Tom; W. Lane Bailey; Wade Cantrell; Wayne Chapman; Wilce Martin; Will Hinson; Wilmer Metlon; Barry Gullet; Barry Mckinnon; Barry Webb; Boo Robinson; Brad Boris; Setzer, Britt; Bruce Campbell; Bruce, Ed; Goudreau, Chris J.; Chris Graybeal; Chuck Hansen; Dale Herendeen; Dan Duvall; David Baize; David Harmon; Davis Epley; Rayno, Don; Ed Cross; Fred Castles; Galleher, George A; Gary Williams; Green, Mary Kathryn; Holland, Scott D; Hope Mizzell; Jacob Reid; James Friday; Jeff Morse; Jerry Byerly; Jimmy Bagley; Joe Hudson; John Baker; Joseph Stowe; Kevin Greer; Kevin Mosteller; Lineberger, Jeff; Lisa Luna; Maeneen Klein; Brad Bucy; Melinda Beard; Melinda Chapman; Mike Bailes; Mike Handcock; Mike Medlin; Patty Hall; Paul mitchell; Paul Mrzlak; Rani Holland; Ron George; Shuford Wise; Steve Peeler; Todd Clark; Tom Couch; Jabon, Jennifer Robson Subject: Catawba - Wateree Comprehensive Relicensing Agreement Newsletter February 2015 Attachments: C -W CRA Parties Update February 2015.docx This e -mail is being sent to Catawba - Wateree Comprehensive Relicensing Agreement (CRA) Parties, Catawba - Wateree Drought Management Group members, Catawba - Wateree Water Management Group members, and other interested parties. Please pardon any duplicate deliveries. The Catawba - Wateree Final Agreement Committee (FAC) is providing the attached newsletter to keep all Catawba - Wateree CRA Parties up -to -date with relicensing- related activities in the Catawba - Wateree River Basin. Spoiler Alert— Big news in this edition. Enjoy. YOU SCtff C'-E FOR C' P E .E.NSIVE . _F_l,U,' NglS N(C� A(_�R_V_ ". FNT N_VWq STN(-'F, 2006 Long-Awaited 1 sto Complete'. Will The Dog Finally Catch The 'truck? Articles in this issue One for the Money — What's in DHEC's WQC? ..................... ............................... ....page 2 Two for the Show — What do we expect from the FERC and when " ................ ...........................page Three to Get Ready — What can we do to get ready before the New License is issued?..,,,,,.­,,,,. . .... page 3 Now Here We Go — What to expect once the New License is issued ....... ...........................page 4 The Catawba - Wateree Final Agreement Committee (FAC) provides this newsletter to keep all Catawba - Wateree Comprehensive Relicensing Agreement (CRA) Parties up -to -date with relicensing- related activities in the Catawba - Wateree River Basin. 1 What's in the South Carolina Water Quality Certification? On July 11, 2014, DHEC, American Rivers (AR), the South Carolina Coastal Conservation League ( SCCCL) and Duke Energy signed a settlement agreement (WQC agreement) resolving the impasse regarding the South Carolina water quality certification (WQC) for the Project. The WQC agreement clarifies (but does not change) a few sections of the CRA that are important to AR and the SCCCL in a manner agreeable to DHEC, providing additional details on how Duke Energy will meet its commitment to manage flows to enhance fish spawning habitat in the river downstream of Wateree Hydro Station. The agreement also outlines a series of steps to expeditiously attain a WQC for the Project. After signing the WQC agreement, Duke Energy asked the SC Supreme Court to stay any further consideration of its WQC appeal request and asked the FERC to stay further consideration of its WQC waiver petition while it reapplied for a WQC with DHEC. Duke Energy reapplied for a WQC in July 2014. DHEC issued its Notice of Department Decision (NODD) in January 2015 initiating a 15 -day period during which parties to this certification process could request a review of the NODD by the DHEC Board. No such requests were received, allowing DHEC to finalize the WQC on February 12. Now that the WQC has been issued and sent to the FERC, the parties to the WQC agreement will take the needed steps with the South Carolina courts and the FERC to end all court cases and petitions. These parties will then urge the FERC to expedite its issuance of a New License for the Project. In general, this WQC looks a lot like the former DHEC staff proposal (May 2009) with the following three changes. The resulting WQC remains consistent with the CRA. 1. Some of the content from the July 2014 WQC agreement has been brought into the certification, requiring Duke Energy to copy AR and SCCCL on annual reports documenting flow releases from Wateree Hydro Station between February 15 and May 15 during the previous calendar year. 2. There is more clarity in the WQC regarding which subsections of the CRA are incorporated into the WQC conditions, primarily so that subsections not enforceable by the FERC in a New License are not included in the WQC. 3. CRA requirements related to future consultation with resource agencies to determine if Wateree Spring Stable Flow and Floodplain Inundation Protocols can be developed into New License requirements (and, if so, amending the New License) have been added as WQC conditions. We are encouraged at the prospect of soon receiving a New License. Once the New License is issued we can all begin implementing the associated benefits, such as land conveyances, resource protection and enhancements and additional public recreational amenities, called for in the CRA. 2 What do we expect from the FERC (and when)? It's hard to say. We expect the New License to combine the requirements recommended by the FERC in its July 2009 Final Environmental Impact Statement (Section 5), the terms and conditions in the July 2013 National Marine Fisheries Service's Final Biological Opinion, and the certification requirements in the WQCs from both North Carolina and South Carolina. However, we will have to wait until the FERC issues the New License to see exactly what it contains in order to determine whether it is consistent with the CRA. There are no statutory, regulatory, or procedural requirements defining the timeframe in which the FERC must act on our New License. Of course, the FERC must have all required information, which it does now that the DHEC WQC has been issued. The FERC must now incorporate WQC conditions into the New License and complete its internal review by both the Office of Environmental Projects and the Office of General Counsel. Ex -parte communication restrictions prohibit off - the - record discussions with the FERC, so Duke Energy has no information on when to expect the New License. We anticipate the remainder of the process will take four to six months, meaning a New License could potentially be issued by the FERC this summer. What can we do before the New License is issued? The FAC wants to reach out to all CRA Parties in hopeful anticipation of the issuance of a New License in 2015. In consideration of the time that has passed and personnel turnover among CRA Parties since the CRA was signed in 2006, we need to alert and refresh all CRA Parties so they understand their and Duke Energy's obligations and what to expect when the New License is issued. The outreach program will consist of (but is not limited to) the following features: One -on -one contact with CRA Parties intended to address specific questions and issues Information packages customized for each CRA Party containing information about the background behind the CRA, each Party's commitments, and Duke Energy's commitments to them • An open -house or other form of an all- Parties meeting (may occur following issuance of the New License) If you have specific questions or suggestions to make this outreach program more useful for you and /or your organization, please send them to Mark Oakley (mark.oakley(a7duke- energy.com; 704- 382 -5778) or to any of the FAC members listed below. Mike Bailes, Catawba River Water Treatment Plant ..... ............................... mbailes .crwtp.orq Maurice Blackburn, Carolina Canoe Club ................................ ....mblackburn1 @carolina.rr.com Dick Christie, South Carolina Department of Natural Resources .................. christied @dnr.sc.gov Jacky Eubanks Catawba County ............ ............................... ieubanks(a7catawbacountync.gov Gary Faulkenberry, Lake Wateree Association . ............................... gariverrats @comporium.net Chris Goudreau, North Carolina Wildlife Resources Commission... chris.goudreau(a7ncwildlife.org Barry Gullet, Charlotte Water ......................... ............................... bgullet @ci.charlotte.nc.us Al James, SC Department of Parks, Recreation, and Tourism ............. landsfordcanal @scprt.com Jeff Lineberger, Duke Energy ................. ............................... jeff.lineberger @duke - energy.com Jim Prosser, Centralina Council of Governments ............................ ........jprosser @centralina.org Fred Tarver, NC Department of Environment and Natural Resources....... fred.tarver @ncdenr.gov Vicki Taylor, Catawba Wateree Relicensing Coalition .......................... vetaylor @roadrunner.com New FAC Member Jacky Eubanks of Catawba County, North Carolina is our newest FAC member. He fills the position vacated by Mary George, also of Catawba County, upon her retirement in April, 2014. Thanks, Jacky for taking on this role as we soon begin to implement the benefits we have all been waiting on since 2006. What to expect once the New License is issued When the New License is issued, we will have 30 days to thoroughly read it and determine if it is consistent with the CRA. If not, or if there are unclear requirements, Duke Energy will have to file a Request for Rehearing with the FERC in order to seek corrections and clarifications. We may be able to schedule a meeting of all CRA Parties during this 30 -day period in order to share our findings, see if there are other Request for Rehearing items, and make sure we all understand what we need to do to implement the CRA and New License. The requirements in the New License become effective immediately on the effective date of the New License (typically the first day of the month in which it is issued). Fortunately, Duke Energy has been voluntarily implementing new reservoir level, minimum flow release, recreation flow release, drought management, and public information requirements in the CRA that are expected to appear in the New License. Also, Duke Energy has been working for years to develop recreation access area plans so that we can meet our commitment to implement 89 public recreation improvements. The time period to implement some CRA requirements begins to run "following the FERC's issuance of the New License and the closure of all rehearing and administrative challenge periods ". For CRA provisions that are not being challenged, the time period begins as soon as the New License is issued. Seventy signatory parties to the CRA worked to assure environmental resources and the people of North Carolina and South Carolina will benefit from a New License. In summary, the following benefits will occur under the CRA once a consistent New License is issued. Note that some of these benefits are anticipated to be in the New License and others are off - license agreements contained in the CRA. • Duke Energy will replace an existing hydro unit at both the Wylie and Wateree Hydro Stations with new aerating hydro units to deliver higher continuous minimum flow releases and to raise dissolved oxygen. These flow and water quality enhancements greatly improve aquatic habitat in approximately 100 miles of the Catawba and Wateree Rivers. • Duke Energy will implement continuous flow releases into the Catawba River Bypassed Reach (downstream of Lake James), the Great Falls Long Bypassed Reach, and the Great Falls Short Bypassed Reach, reintroducing sustained flow in these river sections for the first time in over 100 years. • Duke Energy will increase aeration capabilities at its Bridgewater (Lake James), Rhodhiss, Oxford (Lake Hickory), and Lookout Shoals Developments and make new higher continuous minimum flow releases at Bridgewater, Oxford, and Lookout Shoals. • Duke Energy and public water suppliers will implement a new Low Inflow Protocol (LIP) establishing a basin -wide approach to reduce water use during droughts (though Duke Energy and water systems in the Basin have been following this protocol voluntarily since 2006). • Duke Energy and the public water system owners in the Basin have also established the Catawba - Wateree Water Management Group to jointly fund long -term initiatives to improve water quantity and quality management. • Duke Energy will make over $3 million available to state resource agencies for aquatic and terrestrial habitat enhancements and for land purchase /conservation. • Duke Energy will convey more than 1,255 acres of land to North Carolina and to South Carolina for public recreation and for compatible permanent conservation. • Duke Energy will donate over $600,000 for cultural resources protection and enhancement. • Duke Energy will donate over $4 million for others (primarily local governments) to develop river and reservoir recreational amenities. • Duke Energy will implement 89 public recreation amenity enhancements, including new access areas, expansion of existing access areas, new fishing piers, new swimming areas, new restrooms, new canoe /kayak launches, new or improved picnicking areas, and new or improved parking areas. • If the FERC issues a 50 -year license, Duke Energy will: o Modify the Wateree spillway to improve high water management; and o Make an additional $3 million available to state agencies to purchase additional land for recreation and conservation. The Catawba - Wateree Water Management Group ( CWWMG) was one of the very first elements of the CRA implemented in 2007. Since that time, the CWWMG has developed into the leading regional organization shaping and securing our water supply future In 2014, the CWWMG rolled out the first -ever Water Supply Master Plan (WSMP) for the Catawba - Wateree River Basin. Growth in the basin will happen with or without a plan for dealing with it. For the first -time we now have a plan for feasible regional actions that can sustain the water supply until the year 2100, a full half- century in addition to the mid -2000s sustainability achieved during the relicensing process. The WSMP was developed over four years with the input of a 19- member Stakeholder Advisory Team (SAT). Numerous water quantity enhancement ideas were analyzed by an upgraded CHEOPSTM computer model and those that proved effective were merged into scenarios and analyzed again for their combined potential to extend the available water supply in the region. Basically, the WSMP is the result of integrated resource planning across both the water and energy sectors. You can read the WSMP Executive Summary as well as the entire plan at http : / /www.catawbawatereewmq.orq /. The WSMP was issued in May 2014.13 of 18 CWWMG member elected boards acted on the WSMP in 2014 and each unanimously adopted non - binding resolutions of support (72 %). The five remaining elected boards are expected to take action on non - binding resolutions in 2015. The Lincoln County Commission heard a WSMP presentation in 2014 but delayed action pending a presentation to be given to the Lake Norman Marine Commission. The CWWMG will discuss potential amendments to the WSMP with the SAT, then amend the document later in 2015. So, how is the WSMP related to the CRA and the New License? First of all, the requirements (minimum flows, Normal Operating Ranges, Low Inflow Protocol) of the CRA remain intact. The WSMP is a product of the CWWMG (a provision of the CRA), but the CWWMG's WSMP work product is neither a CRA requirement nor a New License requirement. Implementation efforts for the WSMP will all be going on simultaneously but independent from implementation of the CRA and the New License. The CWWMG will lead WSMP implementation efforts. The Centralina Council of Governments has convened regional "Thought Leaders" for input that could expand collaboration from within the Catawba - Wateree Basin to include adjacent river basins. Such an expansion creates opportunities for more comprehensive water supply plans and to start grappling with issues such as interbasin transfers that transcend the Catawba - Wateree River Basin.