20080915 Ver 3_FERC request for additional consultation P-2232-858_20230308

FEDERAL ENERGY REGULATORY COMMISSION
Washington, D. C. 20426
VIA Electronic Mail
Mr. Jeffrey G. Lineberger, P.E.
Director, Water Strategy, Hydro Licensing,
and Lake Services
Duke Energy Carolinas, LLC
[e-mail]
Project No. 2232-858 — North Carolina
and South Carolina
Catawba-Wateree Hydroelectric Project
Duke Energy Carolinas, LLC
February 24, 2023
Subject: Need for Water Quality Certificate Consultation Amendment of License to
Install Debris Gate
Dear Mr. Lineberger:
We are in receipt of your application to amend the license for your Catawba-
Wateree Hydroelectric Project No. 2232 filed on January 19, 2023.1 We request you
conduct further agency consultation regarding the Clean Water Act (CWA), as discussed
below.
Your Proposal
In your January 19, 2023 license amendment application, you propose to construct
a new debris gate at the Rhodhiss development, which currently has no gates on the
spillway. The gate would consist of a 20-foot-long, 5.5-foot-high inflatable crest gate at
the right end of the spillway, immediately adjacent to the powerhouse. The pre -filing
consultation documentation you included in your application shows you consulted with
North Carolina Depar anent of Environmental Quality (North Carolina DEQ) staff. The
North Carolina DEQ staff suggested you consult with the North Carolina DEQ's 401 and
Buffer Permitting Branch on the matter of whether a Water Quality Certificate (WQC)
under section 401 of the CWA would be required for your proposal. Your application
shows that your staff replied and stated your permitting staff consulted with the U.S.
1 Duke Energy Carolinas, LLC, 153 FERC ¶ 62,134 (2015).

Project No. 2232-858 2
Army Corps of Engineers to determine whether you would need to obtain a dredge and
fill permit under section 404 of the CWA. Your staff stated the Corps determined no
permit under CWA section 404 would be required. Your staff related to the North
Carolina DEQ staff that, as a result, a WQC under section 401 of the CWA is not
required.
Need for Further Consultation
Section 401(a)(1) of the CWA provides that a federal agency may not issue a
license or permit for an activity that may result in a discharge into the navigable waters of
the United States unless the appropriate state agency either has issued water quality
certification for the project or has waived certification. Your proposal to construct and
operate a gate at the Rhodhiss development may alter the characteristics of water passing
through the development and result in a discharge into navigable waters. As such, a
WQC may be required regardless of whether you would need to obtain a permit under
section 404 of the CWA. Although we will continue to review your January 19, 2023
license amendment application, we will be unable to approve your proposal without a
WQC for the new debris gate or a statement from the appropriate state agency indicting a
WQC is unnecessary or is waived.
The Commission strongly encourages electronic filing. Please file your response
using the Commission's eFiling system at http://www.ferc.gov/docs-
filing/efiling.asp. For assistance, please contact FERC Online Support at
[e-mail], [phone] (toll free), or [phone] (TTY). In
lieu of electronic filing, you may submit a paper copy. Submissions sent via the U.S.
Postal Service must be addressed to: Kimberly D. Bose, Secretary, Federal Energy
Regulatory Commission, 888 First Street NE, Room 1A, Washington, DC 20426.
Submissions sent via any other carrier must be addressed to: Kimberly D. Bose,
Secretary, Federal Energy Regulatory Commission, 12225 Wilkins Avenue, Rockville,
MD 20852. The first page of any filing should include docket number P-2232-858. You
may also register online at: http://www.ferc.gov/docs-filing/esubscription.asp to be
notified via email of new filings and issuances related to this or other pending projects.
For assistance, please contact FERC Online Support.

Project No. 2232-858 3
If you have any questions concerning this letter, please contact Steven Sachs at
202-502-8666 or [e-mail].
Sincerely,
KELLY
HOUFF
Digitally signed by
KELLY HOUFF
Date: 2023.02.24
10:32:47 -05'00'
Kelly Houff
Chief, Engineering Resources Branch
Division of Hydropower Administration
and Compliance
VIA Electronic Mail
cc: Ms. Tami Styer
Senior Project Manager
Duke Energy Carolinas, LLC
[e-mail]