20080915 Ver 2_SCDHEC WQC for for Catawba-Wateree 2-13-2015_20150507

PROMOTE PROTECT PROSPER
W. MarshA Taylor Jr.. Acring Direcror
Promoting rind protecting the health of tlrr public and thr environment
February 12, 2015
Duke Energy Carolinas LLC
c/o Mark Oakley PE
526 S Church St
PO Box 1006
Mail Code EC i 2Y
Charlotte NC 28201 -1006
Re: Certification in Accordance with Section 401 of the Clean Water Act, as amended.
Duke Energy Carolinas LLC
Operations of the Catawba Wateree Hydroelectric project
Catawba & Wateree River
Chester, Fairfield, Kershaw, Lancaster and York Counties
P/N DHEC 08 -C -001
Dear Sir or Madam:
South Carolina Department of Health and Environmental Control (Department) staff have reviewed
plans for this project and determined there is a reasonable assurance that the proposed project will be
conducted in a manner consistent with the Certification requirements of Section 401 of the Federal Clean
Water Act, as amended. In accordance with the provisions of Section 401, we certify that this project,
subject to the indicated conditions, is consistent with applicable provisions of Section 303 of the Federal
CIean Water Act, as amended. We also hereby certify that there are no applicable effluent limitations
under Sections 301(b) and 302, and that there are no applicable standards under Sections 306 and 307.
This certification is subject to the following conditions:
1. The applicant, Duke Energy Carolinas, LLC shall operate the Catawba - Wateree Hydroelectric Project
in accordance with the following parts of the Comprehensive Relicensing Agreement dated December 22,
2006 (CRA). The following portions as applicable to South Carolina Developments are hereby
incorporated into this 401 Certification by reference:
CRA - Resource Agreements
2.0 Reservoir Elevation Agreements (excluding subsection 2.2)
3.0 Recreation Flow Agreements (excluding subsection 3.3)
*4.0 Habitat Flow Agreements included are only the subsections listed here
4.1 Habitat Flow Amounts and Schedules
6.0 Low Inflow Protocol (LIP) Agreements (excluding subsection 6.6)
7.0 Maintenance and Emergency Protocol (MEP) Agreements
I L0 Species Protection Agreements (included is subsection 11.1 only)
13.0 Water Quality Agreements
15.0 Gaging and Monitoring Agreements (15. ]- 15.5 only, 15.6 Groundwater Monitors is
excluded)
SOUTH CAROLINA DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL
26W SuIl Street • Coltumbia, SC 99901 • Plione: (803) 898 -3439 • tirivwscdhec gov

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Duke _Energy _Carolinas. LLC.... �:...... _...... _�...._
CRA - Appendices:
A: Proposed License Articles
A -1.0 Reservoir Elevation Articles
Reservoir Elevations
Spring Reservoir Level Stabilization Program
A -2.0 Flow Articles
Recreational FIows
Minimum FIows
Wylie High Inflow Protocol (WHIP)
FIows Supporting Public Water Supply and Industrial Processes
FIow and Water Quality Implementation Plan (FWQIP)
A -3.0 LIP Article
LIP for the Catawba - Wateree Hydroelectric Project
A -4.0 MEP Article
MEP for the Catawba - Wateree Hydroelectric Project
A -5A Water Quality Article
Water Quality Monitoring Plan (WQMP)
A -6.0 Gaging and Monitoring Article
Flow and Reservoir Elevation Monitoring
Funding for USGS Streamflow Gages
C: LIP for the Catawba - Wateree Hydroelectric Project
D: MEP for the Catawba- Wateree Hydroelectric Project
F: WQMP
L: FWQIP
*Excluded are all subsections :ender "4.0 Habitat Flow Agreements " not listed above.
2. The applicant, Duke Energy Carolinas, LLC shall follow the Quality Assurance Project Plan; Revision
40; January 6, 2009 (QAPP) while conducting any and all water quality monitoring for the purpose of
maintaining compliance with state water quality standards and meeting requirements of the FERC license.
Any changes to the QAPP shall be submitted to the SCDHEC for review and written approval before
being implemented.
3. The applicant, Duke Energy Carolinas, LLC shall provide for upstream fish passage and
downstream fish passage and protection at the Catawba - Wateree Hydroelectric Project in South
Carolina consistent with the United States Fish & WiIdlife Service's (USFWS) June 22, 2009 fish -way
prescription.
4. Duke Energy will provide to the Department, American Rivers and the South Carolina Coastal
Conservation League a copy of the annual report documenting flow releases from the Wateree
Development occurring between February 15 and May 15 during the preceding calendar year.
5. Ten years after the Flow and Water Quality Implementation Plan (as described in CRA Appendix A)
modifications are completed at the Wateree Development, Duke Energy shall consult with the USFWS,
the National Marine Fisheries Service, and the South Carolina Department of Natural Resources on
proposed license articles for Wateree Spring Stable Flow Periods and Wateree Floodplain Inundation.
If Duke Energy and these agencies reach consensus on the wording of proposed Iicense articles, Duke
Energy shall: (i) provide notice to all CRA Parties advising them of the proposed license articles and
Duke Energy's intent to file them with the FERC; and (ii) file the proposed license articles with the

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Duke Energy Carolinas LLC
FERC for approval as an amendment to the New License. Duke Energy will provide to the Department,
American Rivers and the South Carolina Coastal Conservation League notices of possible New License
amendments that it is required to give all parties to the CRA by CRA Sections 4.8.6 and 4.9.2.
6. The applicant, Duke Energy Carolinas, LLC shall take all necessary measures during Catawba -
Wateree Hydroelectric Project facility operation and maintenance to prevent fuel, oil, tar, trash,
debris and other pollutants from entering the adjacent waters or wetlands.
The Department reserves the right to impose additional conditions on the Certification to respond to
unforeseen, specific problems that might arise and to take any enforcement action to ensure compliance
with State water quality standards.
cc:
Ms Kimberly D Bose
Secretary
Federal Energy Regulatory Commission
888 First St NE
Washington DC 20426
Federal Energy Regulatory Commission
Office of Energy Projects
Attn: Sean Murphy & David Turner
888 First St NE
Washington DC 20426
Sincerely,
P r Preston, Director
Division of Water Quality
Bureau of Water