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Catawba - Wateree Project (FERC No. 2232)
Comprehensive Relicensing Agreement
APPENDIX C: LOW INFLOW PROTOCOL (LIP) FOR THE
CATAWBA - WATEREE PROJECT
PURPOSE
The purpose of this Low Inflow Protocol (LIP) is to establish procedures for reductions in
water use during periods of low inflow to the Catawba - Wateree Project (the Project).
The LIP was developed on the basis that all parties with interests in water quantity will
share the responsibility to establish priorities and to conserve the limited water supply.
OVERVIEW
This Low Inflow Protocol provides trigger points and procedures for how the Catawba -
Wateree Project will be operated by the Licensee, as well as water withdrawal reduction
measures and goals for other water users during periods of low inflow (i.e., periods when
there is not enough water flowing into the Project reservoirs to meet the normal water
demands while maintaining Remaining Usable Storage in the reservoir system at or
above a seasonal target level).
The Licensee will provide flow from hydro generation and other means to support
electric customer needs and the instream flow needs of the Project. During periods of
normal inflow, reservoir levels will be maintained within prescribed Normal Operating
Ranges. During times that inflow is not adequate to meet all of the normal demands for
water and maintain reservoir levels as normally targeted the Licensee will progressively
reduce hydro generation. If hydrologic conditions worsen until trigger points outlined
herein are reached, the Licensee will declare a Stage 0 - Low Inflow Watch and begin
meeting with the applicable agencies and water users to discuss this LIP. If hydrologic
conditions continue to worsen, the Licensee will declare various stages of a Low Inflow
Condition (LIC) as defined in the Procedure section of this document. Each progressive
stage of the LIC will call for greater reductions in hydro station releases and water
withdrawals, and allow additional use of the available water storage inventory.
The goal of this staged LIP is to take the actions needed in the Catawba - Wateree River
Basin to delay the point at which the Project's usable water storage inventory is fully
depleted. While there are no human actions that can guarantee that the Catawba -
Wateree River Basin will never experience operability limitations at water intake
structures due to low reservoir levels or low streamflows, this LIP is intended to provide
additional time to allow precipitation to restore streamflow, reservoir levels, and
groundwater levels to normal ranges. The amount of additional time that is gained during
the LIP depends primarily on the diagnostic accuracy of the trigger points, the amount of
regulatory flexibility the Licensee has to operate the Project, and the effectiveness of the
Licensee and other water users in working together to implement their required actions
and achieve significant water use reductions in a timely manner.
To ensure continuous improvement regarding the LIP and its implementation throughout
the term of the New License, the LIP will be re- evaluated and modified periodically.
These re- evaluations and modifications will be as determined by the Catawba - Wateree
Drought Management Advisory Group (CW- DMAG).
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Comprehensive Relicensing Agreement
KEY FACTS AND DEFINITIONS
Human Health and Safety and the Integrity of the Public Water Supply and Electric
Systems are of Utmost Importance — Nothing in this protocol will limit the Licensee's
ability to take any and all lawful actions necessary at the Project to protect human
health and safety, protect its equipment from major damage, protect the equipment
of the Large Water Intake Owners from major damage, and ensure the stability of the
regional electric grid and public water supply systems. It is recognized that the
Licensee may take the steps that are necessary to protect these things without prior
consultation or notification. Likewise, nothing in this LIP will limit the States of North
Carolina and South Carolina from taking any and all lawful actions necessary within
their jurisdictions to protect human health and safety. It is recognized that North
Carolina and South Carolina may also take the steps necessary to protect these
things without prior consultation or notification.
2. No Abrogation of Statutory Authority — It is understood that the South Carolina
Department of Natural Resources ( SCDNR) must operate under the statutory
authority of its drought response statutes, and nothing in this LIP will require the
SCDNR to take any action that exceeds its authority under their drought response
statute.
3. Normal Full Pond Elevation — Also referred to simply as "full pond," this is the level of
a reservoir that corresponds to the point at which water would first begin to spill from
the reservoir's dam(s) if the Licensee took no action. This level corresponds to the
lowest point along the top of the spillway (including flashboards) for reservoirs
without floodgates and to the lowest point along the top of the floodgates for
reservoirs that have floodgates. To avoid confusion among the many reservoirs the
Licensee operates, it has adopted the practice of referring to the Full Pond Elevation
for all of its reservoirs as equal to 100.0 ft. relative. The Full Pond Elevations for the
Catawba - Wateree Project reservoirs are as follows:
Reservoir
Full Pond Elevation
(ft. above Mean Sea Level)
Lake James
1200.0
Lake Rhodhiss
995.1
Lake Hickory
935.0
Lookout Shoals Lake
838.1
Lake Norman
760.0
Mountain Island Lake
647.5
Lake Wylie
569.4
Fishing Creek Reservoir
417.2
Great Falls Reservoir
355.8
Cedar Creek Reservoir
284.4
Lake Wateree
225.5
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4. Net Inflow — The cumulative inflow into a reservoir, expressed in acre -feet (ac -ft) per
month. Net inflow is the sum of tributary stream flow, inflow from upstream hydro
development releases (where applicable), groundwater inflow, precipitation falling on
the reservoir surface, land surface runoff, and on- reservoir point- source return flows,
less the sum of on- reservoir water withdrawals, groundwater recharge, hydro
development flow releases, evaporation, and other factors.
5. Normal Minimum Elevation — The level of a reservoir (measured in feet above Mean
Sea Level (MSL) or feet relative to the full pond contour with 100.0 ft. corresponding
to full pond) that defines the bottom of the reservoir's Normal Operating Range for a
given day of the year. If inflows and outflows to the reservoir are kept within some
reasonable range of the average or expected amounts, hydroelectric project
equipment is operating properly and no protocols for abnormal conditions have been
implemented, reservoir level excursions below the Normal Minimum Elevation should
not occur.
6. Normal Maximum Elevation — The level of a reservoir (measured in feet above Mean
Sea Level (MSL) or feet relative to the full pond contour with 100.0 ft. corresponding
to full pond) that defines the top of the reservoir's Normal Operating Range for a
given day of the year. If inflows and outflows to the reservoir are kept within some
reasonable range of the average or expected amounts, hydroelectric project
equipment is operating properly, and no protocols for abnormal conditions have been
implemented, reservoir level excursions above the Normal Maximum Elevation
should not occur.
7. Normal Target Elevation — The level of a reservoir (measured in feet above Mean
Sea Level (msl) or feet relative to the full pond contour with 100.0 ft corresponding to
full pond) that the Licensee will endeavor in good faith to achieve, unless operating in
this Low Inflow Protocol, the Maintenance and Emergency Protocol, the Spring
Reservoir Level Stabilization Program (Lakes James, Norman, Wylie and Wateree
only), a Spring Stable Flow Period (Lake Wateree only) or a Floodplain Inundation
Period (Lake Wateree only). Since inflows vary significantly and outflow demands
also vary, the Licensee will not always be able to maintain actual reservoir level at
the Normal Target Elevation. The Normal Target Elevation falls within the Normal
Operating Range, but it is not always the average of the Normal Minimum and
Normal Maximum Elevations.
8. Normal Operating Range for Reservoir Levels — The band of reservoir levels within
which the Licensee normally attempts to maintain a given reservoir that it operates
on a given day. Each reservoir has its own specific Normal Operating Range, and
that range is bounded by a Normal Maximum Elevation and a Normal Minimum
Elevation. If inflows and outflows to the reservoir are kept within some reasonable
range of the average or expected amounts, hydro project equipment is operating
properly and no protocols for abnormal conditions have been implemented, reservoir
level excursions outside of the Normal Operating Range should not occur.
9. Large Water Intake — Any water intake (e.g., public water supply, industrial,
agricultural, power plant, etc.) having a maximum instantaneous capacity greater
than or equal to one Million Gallons per Day (MGD) that withdraws water from the
Catawba - Wateree River Basin.
10. Public Water Supply (PWS) — Any water delivery system owned and /or operated by
any governmental or private entity that utilizes waters from the Catawba - Wateree
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River Basin for the public interest including drinking water; residential, commercial,
industrial, and institutional uses; irrigation, and /or other public uses.
11. Critical Reservoir Elevation — Unless it is otherwise stated as applying only to a
specific intake or type of intake, the Critical Reservoir Elevation is the highest level of
water in a reservoir (measured in feet above Mean Sea Level (mis) or feet relative to
the full pond contour with 100.0 ft. corresponding to full pond) below which any Large
Water Intake used for Public Water Supply or industrial uses, or any regional power
plant intake located on the reservoir will not operate at its Licensee - approved
capacity. The Critical Reservoir Elevations, as of June 1, 2006, are defined below:
Reservoir
Critical Reservoir Elevation
(ft. relative to local datum)
(100 ft = Full Pond)
Type of Limit
Lake James
61.0
Power Production
Lake Rhodhiss
89.4
Municipal Intake
Lake Hickory
94.0
Municipal Intake
Lookout Shoals Lake
74.9
Municipal Intake
Lake Norman
90.0
Power Production
Mountain Island Lake
94.3
Power Production
Lake Wylie
92.6
Industrial Intake
Fishing Creek Reservoir
95.0
Municipal Intake
Great Falls Reservoir
87.2
Power Production
Cedar Creek Reservoir
80.3
Power Production
Lake Wateree
92.5
Municipal Intake
12. Total Usable Storage (TUS) — The sum of the Project's volume of water expressed in
acre -feet (ac -ft) contained between each reservoir's Critical Reservoir Elevation and
the Full Pond Elevation.
13. Remaining Usable Storage (RUS) — The sum of the Project's volume of water
expressed in acre -feet (ac -ft) contained between each reservoir's Critical Reservoir
Elevation and the actual reservoir elevation at any given point in time.
14. Storage Index (SI) — The ratio, expressed in percent, of Remaining Usable Storage
to Total Usable Storage at any given point in time.
15. Target Storage Index (TSI) — The ratio of Remaining Usable Storage to Total Usable
Storage based on the Project reservoirs being at their Normal Target Elevations.
The following table lists the Target Storage Index for the first day of each month:
Month
Target Storage Index For 15`
Day of Month ( %)*
Jan
61
Feb
51
Mar
61
Apr
66
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Month
Target Storage Index For 15
Day of Month ( %)*
May
75
Jun
75
Jul
75
Aug
75
Sep
75
Oct
75
Nov
69
Dec
62
* Target Storage Indices for
other days of the month are
determined by linear
interpolation.
16. U.S. Drought Monitor — A synthesis of multiple indices, outlooks, and news accounts
that represents a consensus of federal and academic scientists concerning the
drought status of all parts of the United States. Typically, the U.S. Drought Monitor
indicates intensity of drought as DO- Abnormally Dry, D1- Moderate, D2- Severe, D3-
Extreme, and D4- Exceptional. The website address is
http: / /www. drought .unl.edu /dm /monitor.html. The following federal agencies are
responsible for maintaining the U.S. Drought Monitor:
• Joint Agricultural Weather Facility (U.S. Department of Agriculture and
Department of Commerce /National Oceanic and Atmospheric Administration)
• Climate Prediction Center (U.S. Department of Commerce /NOAA /National
Weather Service)
• National Climatic Data Center (DOC /NOAA)
17. U.S. Drought Monitor Three -Month Numeric Average — If the U.S. Drought Monitor
has a reading of DO -D4 as of the last day of the previous month for any part of the
Catawba - Wateree River Basin that drains to Lake Wateree, the Basin will be
assigned a numeric value for the current month. The numeric value will equal the
highest Drought Monitor designation (e.g., DO = 0, D4 = 4) as of the last day of the
previous month that existed for any part of the Catawba - Wateree River Basin that
drains to Lake Wateree. A normal condition in the Basin, defined as the absence of
a Drought Monitor designation, would be assigned a numeric value of negative one (-
1). A running average numeric value of the current month and the previous two
months will be monitored and designated as the U.S. Drought Monitor Three -Month
Numeric Average.
18. Critical Flows — The minimum flow releases from the hydro developments that may
be necessary to:
a. prevent long -term or irreversible damage to aquatic communities consistent
with the resource management goals and objectives for the affected stream
reaches;
b. provide some basic level of operability for Large Water Intakes located on the
affected stream reaches; and,
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c. provide some basic level of water quality maintenance in the affected stream
reaches.
For the purposes of this LIP, the Critical Flows are as follows:
a. Linville River, below the Bridgewater Development: 75 cubic feet per second
(cfs).
b. Catawba River Bypassed Reach below the Bridgewater Development: 25
cfs.
c. Oxford Regulated River Reach below the Oxford Development: 100 cfs.
d. Lookout Shoals Regulated River Reach below the Lookout Shoals
Development: 80 cfs.
e. Wylie Regulated River Reach below the Wylie Development: 700 cfs.
f. Great Falls Bypassed Reaches (Long and Short) at the Great Falls- Dearborn
Development: 450 cfs and 80 cfs respectively.
g. Wateree Regulated River Reach below the Wateree Development: 800 cfs.
h. Leakage flows at the remaining Project structures. Leakage flows are
defined as the flow of water through wicket gates when the hydro units are
not operating and seepage through the Project structures at each
development.
19. Recreation Flow Reductions — Since all recreation flow releases must be made by
either releasing water through hydroelectric generation or through flow releases that
bypass hydro generation equipment, reductions in Project Flow Requirements will
impact recreation flow releases.
20. Organizational Abbreviations — Organizational abbreviations include the North
Carolina Department of Environment and Natural Resources ( NCDENR), North
Carolina Wildlife Resources Commission ( NCWRC), South Carolina Department of
Natural Resources ( SCDNR), South Carolina Department of Health and
Environmental Control ( SCDHEC), and the United States Geological Survey
(USGS).
21. Catawba - Wateree Drouaht Manaaement Advisory Groua (CW -DMAG) — The CW-
DMAG will be tasked with working with the Licensee when the LIP is initiated. This
team will also meet as necessary to foster a basin -wide response to a Low Inflow
Condition (see Procedure section of this LIP). Members of the CW -DMAG agree to
comply with the conditions of this LIP. Membership on the CW -DMAG is open to the
following organizations, of which each organization may have up to two members:
a. NCDENR (including Division of Water Resources and the Division of Water
Quality)
b. NCWRC
c. SCDNR
d. SCDHEC
e. USGS
f. Each Owner of a Large Water Intake located on one of the Catawba - Wateree
Project reservoirs or the main stem of the Catawba - Wateree River
g. Each Owner of a Large Water Intake located on any tributary stream within
the Catawba - Wateree River Basin that ultimately drains to Lake Wateree
h. Licensee (CW -DMAG Coordinator)
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The CW -DMAG will meet at least annually (typically during the month of May)
beginning in 2007 and continuing throughout the term of the New License,
regardless of the Low Inflow Condition status, to review prior year activities, discuss
data input from Large Water Intake Owners, and discuss other issues relevant to the
LIP. The Licensee will maintain an active roster of the CW -DMAG and update the
roster as needed. The Licensee will prepare meeting summaries of all CW -DMAG
meetings and will make these meeting summaries available to the public by posting
on its Web site.
22. Revising the LIP — During the term of the New License, the CW -DMAG will review
and update the LIP periodically to ensure continuous improvement of the LIP and its
implementation. These evaluations and modifications will be considered at least
once every five (5) years during the New License term. Modifications must be
approved by a consensus of the participating CW -DMAG members. If the
participating members cannot reach consensus, then the dispute resolution
procedures set forth in Section 31.0 of the relicensing Final Agreement will apply.
Approved modifications will be incorporated through revision of the LIP and the
Licensee will file the revised LIP with the FERC. If any modifications of the LIP
require amendment of the New License, the Licensee will: (i) provide notice to all
Parties to the relicensing Final Agreement advising them of the proposed license
article amendment and the Licensee's intent to file it with the FERC; (ii) submit the
modification request to the North Carolina Division of Water Quality (NCDWQ) and /or
the South Carolina Department of Health and Environmental Control (SCDHEC) for
formal review and approval as may be required by any reopener conditions of the
respective state's 401 Water Quality Certification for the Project; and (iii) file a
license amendment request for FERC approval. During this process, the CW -DMAG
may appoint an ad hoc committee to address issues and revisions relevant to the
LIP. The filing of a revised LIP by the Licensee will not constitute or require
modification to the relicensing Final Agreement and any Party to the relicensing Final
Agreement may be involved in the FERC's public process for assessing the revised
LIP. Issues such as sediment fill impact on reservoir storage volume calculations,
revising the groundwater monitoring plan and substitution of a regional drought
monitor for the U.S. Drought Monitor, if developed in the future, are examples of
items that may be addressed.
23. Water Withdrawal Data Collection and Reporting — The Licensee will maintain
information on cumulative water use from Project reservoirs beginning in 2006 and
continuing throughout the term of the New License and will make the information
available to water intake owners and governmental agencies upon their request.
The Licensee will require all owners of Large Water Intakes located within the FERC
Project Boundaries to report to the Licensee, on an annual basis in MGD, their
average monthly water withdrawals from and flow returns to the Project or its
tributary streams that drain to Lake Wateree. The Licensee will maintain a database
of this information including the Licensee's own non -hydro water use records (i.e.,
water uses due to thermal power generation). These annual withdrawal summaries
will be in writing, certified for accuracy by a professional engineer or other
appropriate official, and will be provided to the Licensee by January 31 of each year
for the preceding calendar year beginning in 2007. This information may be used to
determine if future increased water withdrawals would be within the projections of the
Water Supply Study conducted during the relicensing process and filed with the
FERC as part of the Licensee's Application for New License for the Project.
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24. Reclaimed Water — Wastewater that has been treated to reclaimed water standards
and is re -used for a designated purpose (e.g. industrial process, irrigation).
Reclaimed Water will not be subject to the water use restrictions outlined in this LIP.
25. Drought Response Plan Updates — All Large Water Intake Owners will review and
update their Drought Response Plans or Ordinances (or develop a plan or ordinance
if they do not have one) by June 30, 2007 and within 180 days following the
acceptance by the FERC of any future LIP revisions during the term of the New
License to ensure compliance and coordination with the LIP, including the authority
to enforce the provisions outlined herein, provided that the requirements of the LIP
are consistent with state law.
26. Relationship Between the LIP and the Maintenance & Emergency Protocol (MEP) —
The MEP outlines the response the Licensee will take under certain emergency and
equipment failure and maintenance situations to continue practical and safe
operation of the Project, to mitigate any related impacts to license conditions, and to
communicate with resource agencies and the affected parties. Under the MEP,
temporary modifications of prescribed flow releases and the reservoir level Normal
Operating Ranges are allowed. Lowering levels of Project reservoirs caused by
situations addressed under the MEP will not invoke implementation of this Low Inflow
Protocol (LIP). Also, if the LIP has already been implemented at the time that a
situation covered by the MEP is initiated, the Licensee will typically suspend
implementation of the LIP until the MEP situation has been eliminated. The Licensee
may, however, choose to continue with the LIP if desirable.
27. Consensus — Consensus is reached when all CW -DMAG members in attendance
can `live with' the outcome or proposal being made. The concept of consensus is
more fully described in the Catawba - Wateree Hydroelectric Project Relicensing
Stakeholder Teams Charter (dated October, 2005).
28. Monitored USGS Streamflow Gages — The Monitored USGS Streamflow Gages are
identified as USGS streamflow gage #'s 02145000 (South Fork Catawba River at
Lowell, NC), 02137727 (Catawba River near Pleasant Gardens, NC), 02140991
(Johns River at Arney's Store, NC), and 02147500 (Rocky Creek at Great Falls, SC).
ASSUMPTIONS
Instream Flows for Recreation — The New License for the Catawba - Wateree Project
includes recreational flow releases as listed in the proposed Recreational Flows
License Article.
2. Minimum Flows — The New License for the Catawba - Wateree Project includes the
minimum flow requirements as listed in the proposed Minimum Flows License Article,
the proposed Wylie High Inflow Protocol License Article, and the proposed Flows
Supporting Public Water Supply and Industrial Processes License Article.
3. Project Flow Requirements — These flow requirements include the Minimum Flows
and the portion of the Recreational Flows that is greater than the Minimum Flows for
normal conditions (i.e., conditions outside of this LIP or Maintenance and Emergency
Protocol).
4. Public Information System —The New License for the Catawba - Wateree Project
includes the requirement to provide information to the public as specified in the
proposed Public Information License Article.
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5. Normal Operating Ranges for Reservoir Levels — The New License for the Catawba -
Wateree Project includes the Normal Operating Ranges for reservoir levels (i.e.,
Normal Minimum, Normal Maximum, and Normal Target Elevations) as listed in the
proposed Reservoir Elevations License Article.
6. Spring Reservoir Level Stabilization Program — The New License for the Catawba -
Wateree Project includes the reservoir level requirements in the proposed Spring
Reservoir Level Stabilization Program License Article.
PROCEDURE
During periods of normal inflow, reservoir levels will be maintained within prescribed
Normal Operating Ranges. During times that inflow is not adequate to meet all of the
normal demands for water and maintain reservoir levels as normally targeted, the
Licensee will progressively reduce hydro generation while meeting Project Flow
Requirements. During a Low Inflow Watch or a Low Inflow Condition (LIC) (as defined
below), the Licensee and other water users will follow the protocol set forth below for the
Catawba - Wateree Project regarding communications and adjustments to hydro station
flow releases, bypassed flow releases, minimum reservoir elevations, and other water
demands. The adjustments set forth below will be made on a monthly basis and are
designed to equitably allocate the impacts of reduced water availability in accordance
with the purpose statement of this LIP.
Trigger points that demonstrate worsening hydrologic conditions will define various
stages of the Low Inflow Condition. A summary of trigger points for various stages is
provided in the table below. The specific triggers required to enter successive stages
are defined in the procedure for each stage.
Summary of LIP Trigger Points
1 The ratio of Remaining Useable Storage to Total Usable Storage at a given
point in time.
2 The three -month numeric average of the published U.S. Drought Monitor.
3 The sum of the rolling sixth -month average for the Monitored USGS Streamflow
Gages as a percentage of the period of record rolling average for the same six -
month period for the Monitored USGS Streamflow Gages.
4 Stage 0 is triggered when any two of the three trigger points are reached.
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Drought Monitor
3
1
Monitored USGS
Stage
Storage Index
(3 -month
Streamflow Gages
average)
04
90% < SI < 100% TSI
3mo Ave DM > 0
AVG < 85% LT 6mo Ave
1
75% TSI < SI s 90% TSI
and
3mo Ave DM ? 1
or
AVG s 78% LT 6mo Ave
2
57% TSI < SI < 75% TSI
and
3mo Ave DM > 2
or
AVG < 65% LT 6mo Ave
3
42% TSI < SI < 57% TSI
and
3mo Ave DM > 3
or
AVG < 55% LT 6mo Ave
4
SI <_ 42% TSI
and
3mo Ave DM = 4
or
AVG <_ 40% LT 6mo Ave
1 The ratio of Remaining Useable Storage to Total Usable Storage at a given
point in time.
2 The three -month numeric average of the published U.S. Drought Monitor.
3 The sum of the rolling sixth -month average for the Monitored USGS Streamflow
Gages as a percentage of the period of record rolling average for the same six -
month period for the Monitored USGS Streamflow Gages.
4 Stage 0 is triggered when any two of the three trigger points are reached.
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Stage 0 Actions
The Licensee will monitor the Storage Index, the U.S. Drought Monitor, and the
Monitored USGS Streamflow Gages on at least a monthly basis and will declare a Stage
0 Low Inflow Watch if any two of the following conditions occur:
a. On the first day of the month, Storage Index is below the Target Storage
Index, but greater than 90% of the Target Storage Index, while providing the
Project Flow Requirements for the previous month.
b. The U.S. Drought Monitor Three -Month Numeric Average has a value greater
than or equal to 0.
c. The sum of the actual rolling six -month average streamflows at the Monitored
USGS Streamflow Gages is equal to or less than 85% of the sum of the
period of record rolling average streamflows for the same six -month period.
When a Low Inflow Watch has been declared:
a. The Licensee will activate the CW -DMAG, including the initiation of monthly
meetings or conference calls to occur on the second Tuesday of each month.
These monthly discussions will focus on:
■ Proper communication channels between the CW -DMAG members.
Information reporting consistency for CW -DMAG members, including a
storage index history and forecast (at least a 90 -day look back and look
ahead) from the Licensee, a water use history and forecast (at least a 90-
day look back and look ahead) from each water user on the CW -DMAG,
streamflow gage and groundwater monitoring status from the state
agencies and USGS, and state -wide drought response status from the
state agencies.
■ Refresher training on this LIP.
■ Overview discussions from each CW -DMAG member concerning their
role and plans for responding if a Stage 1 or higher Low Inflow Condition
is subsequently declared.
b. The Licensee will reduce the prescribed recreation flow releases at the Wylie
Development from 6,000 cfs to 3,000 cfs.
Stage 1 Actions
1. The Licensee will declare a Stage 1 Low Inflow Condition (LIC) and notify the CW-
DMAG if:
a. On the first day of the month, the Storage Index is at or below 90% of the
Target Storage Index, but greater than 75% of the Target Storage Index,
while providing the Project Flow Requirements for the previous month.
and either of the following conditions exists:
b. The U.S. Drought Monitor Three -Month Numeric Average has a value greater
than or equal to 1.
c. The sum of the actual rolling six -month average streamflows at the Monitored
USGS Streamflow Gages is equal to or less than 78% of the sum of the
period of record rolling average streamflows for the same six -month period.
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2. The Licensee will complete the following activities within 5 days after the Stage 1 LIC
declaration:
a. Reduce the Project Flow Requirements by 60% of the difference between the
normal Project Flow Requirements and the Critical Flows. These reduced
Project Flow Requirements are referred to as Stage 1 Minimum Project
Flows.
b. Reduce the Normal Minimum Elevations by two feet at Lake James and Lake
Norman and by one foot at each of the other Project reservoirs, but not to
levels at any reservoir below the applicable Critical Reservoir Elevation.
These elevations are referred to as the Stage 1 Minimum Elevations.
c. Update its Web site and Interactive Voice Response (IVR) messages to
account for the impacts of the LIP on reservoir levels, usability of the
Licensee's public access areas, and recreation flow schedules.
d. Notify the Federal Energy Regulatory Commission (FERC), the United States
Fish and Wildlife Service (USFWS), the United States Bureau of Indian
Affairs (USBIA), National Marine Fisheries Service (NMFS), and the Catawba
Indian Nation of the Stage 1 LIC declaration.
e. Provide bi- weekly (once every two weeks) information updates to owners of
Large Water Intakes about reservoir levels, meteorological forecasts, and
inflow of water into the system.
In addition the Licensee may, at its sole discretion, modify or suspend its use
of selected operating procedures that are designed for periods of normal or
above normal inflow to optimize the water storage capabilities of the Project,
including the Normal Maximum Elevations and Normal Target Elevations for
reservoir levels; the Spring Reservoir Level Stabilization Program; the Wylie
High Inflow Protocol and at Lake Wateree, the Spring Stable Flow Periods
and Floodplain Inundation Periods. These modifications and suspensions
may be used at the Licensee's sole discretion in any Low Inflow Condition
(Stages 1 through 4).
3. Owners of Public Water Supply intakes and owners of intakes used for irrigation with
a capacity greater than 100,000 gallons per day will complete the following activities
within 14 days after the Stage 1 LIC declaration:
a. Notify their water customers and employees of the Low Inflow Condition
through public outreach and communication efforts.
b. Request that their water customers and employees implement voluntary
water use restrictions, in accordance with their drought response plans, which
may include:
■ Reduction of lawn and landscape irrigation to no more than two days per
week (i.e. residential, multi - family, parks, streetscapes, schools, etc).
■ Reduction of residential vehicle washing.
At this stage, the goal is to reduce water usage by 3 -5% (or more) from the
amount that would otherwise be expected. The baseline for this comparison
will be generated by each entity and will be based on existing conditions (i.e.
drought conditions). For the purposes of determining `the amount that would
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otherwise be expected', each entity may give consideration to one or more of
the following:
• Historical maximum daily, weekly, and monthly flows during drought
conditions.
• Increased customer base (e.g. population growth, service area
expansion) since the historical flow comparison.
• Changes in major water users (e.g. industrial shifts) since the historical
flow comparison.
• Climatic conditions for the comparison period.
• Changes in water use since the historical flow comparison.
• Other system specific considerations.
c. Provide a status update to the CW -DMAG on actual water withdrawal trends.
Discuss plans for moving to mandatory restrictions, if required.
4. Owners of Large Water Intakes, other than those referenced in item 3 above, will
complete the following activities within 14 days after the Stage 1 LIC declaration:
a. Notify their customers and employees of the Low Inflow Condition through
public outreach and communication efforts.
b. Request that their customers and employees conserve water through
reduction of water use, electric power consumption, and other means.
c. Provide a status update to the CW -DMAG on actual water withdrawal trends.
Stage 2 Actions
1. The Licensee will declare a Stage 2 Low Inflow Condition (LIC) and notify the CW-
DMAG if:
a. On the first day of the month, the Storage Index is at or below 75% of the
Target Storage Index, but greater than 57% of the Target Storage Index,
while providing the Stage 1 Minimum Project Flows during the previous
month.
and either of the following conditions exists:
b. The U.S. Drought Monitor Three -Month Numeric Average has a value greater
than or equal to 2.
c. The sum of the actual rolling six -month average streamflows at the Monitored
USGS Streamflow Gages is equal to or less than 65% of the sum of the
period of record rolling average streamflows for the same six -month period.
2. The Licensee will complete the following activities within 5 days after the Stage 2 LIC
declaration:
a. Eliminate prescribed recreation flow releases at this stage and all subsequent
stages. Reduce the Project Flow Requirements by 95% of the difference
between the normal Project Flow Requirements and Critical Flows. These
reduced flows are referred to as Stage 2 Minimum Project Flows.
b. Reduce the Stage 1 Minimum Elevations by one additional foot at Lake
James (three feet total below Normal Minimum Elevation) and two additional
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feet at Lake Norman (four feet total below Normal Minimum Elevation) and by
one additional foot (two feet total below Normal Minimum Elevations) at each
of the other Project reservoirs but not to levels at any reservoir below the
applicable Critical Reservoir Elevation. These elevations are referred to as
the Stage 2 Minimum Elevations.
c. Update its Web site and IVR messages to account for the impacts of the LIP
on reservoir levels, usability of the Licensee's public access areas, and
recreation flow schedules.
d. Notify the FERC, the USFWS, the USBIA, NMFS, and the Catawba Indian
Nation of the Stage 2 LIC declaration.
e. Provide bi- weekly information updates to owners of Large Water Intakes
about reservoir levels, meteorological forecasts, and inflow of water into the
system.
In addition the Licensee may, at its sole discretion, modify or suspend its use
of selected operating procedures that are designed for periods of normal or
above normal inflow to optimize the water storage capabilities of the Project,
including the Normal Maximum Elevations and Normal Target Elevations for
reservoir levels; the Spring Reservoir Level Stabilization Program; the Wylie
High Inflow Protocol; and at Lake Wateree, the Spring Stable Flow Periods
and Floodplain Inundation Periods. These modifications and suspensions
may be used at the Licensee's sole discretion in any Low Inflow Condition
(Stages 1 through 4).
3. Owners of Public Water Supply intakes and owners of intakes used for irrigation with
a capacity greater than 100,000 gallons per day will complete the following activities
within 14 days after the Stage 2 LIC declaration:
a. Notify their water customers and employees of the continued Low Inflow
Condition and movement to mandatory water use restrictions through public
outreach and communication efforts.
b. Require that their water customers and employees implement mandatory
water use restrictions, in accordance with their drought response plans, which
may include:
• Limiting lawn and landscape irrigation to no more than two days per week
(i.e. residential, multi - family, parks, streetscapes, schools, etc).
• Eliminating residential vehicle washing.
• Limiting public building, sidewalk, and street washing activities except as
required for safety and /or to maintain regulatory compliance.
At this stage, the goal is to reduce water usage by 5 -10% (or more) from the
amount that would otherwise be expected (as discussed in Stage 1 above).
c. Enforce mandatory water use restrictions through the assessment of
penalties.
d. Provide a status update to the CW -DMAG on actual water withdrawal trends.
4. Owners of Large Water Intakes, other than those referenced in item 3 above, will
complete the following activities within 14 days after the Stage 2 LIC declaration:
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a. Continue informing their customers and employees of the Low Inflow
Condition through public outreach and communication efforts.
b. Request that their customers and employees conserve water through
reduction of water use, electric power consumption, and other means.
c. Provide a status update to the CW -DMAG on actual water withdrawal trends.
Stage 3 Actions
1. The Licensee will declare a Stage 3 Low Inflow Condition (LIC) and notify the CW-
DMAG if:
a. On the first day of the month, the Storage Index is at or below 57% of the
Target Storage Index, but greater than 42% of the Target Storage Index,
while providing the Stage 2 Minimum Project Flows during the previous
month.
and either of the following conditions exists:
b. The U.S. Drought Monitor Three -Month Numeric Average has a value greater
than or equal to 3.
c. The sum of the actual rolling six -month average streamflows at the Monitored
USGS Streamflow Gages is equal to or less than 55% of the sum of the
period of record rolling average streamflows for the same six -month period.
2. The Licensee will complete the following activities within 5 days after the Stage 3 LIC
declaration:
a. Reduce the Project Flow Requirements to Critical Flows. These reduced
flows are referred to as Stage 3 Minimum Project Flows.
b. Reduce the Stage 2 Minimum Elevations by seven additional feet at Lake
James (ten feet total below Normal Minimum Elevation) and one additional
foot at Lake Norman (five feet total below Normal Minimum Elevation) and by
one additional foot (three feet total below Normal Minimum Elevations) at
each of the other Project reservoirs but not to levels at any reservoir below
the applicable Critical Reservoir Elevation. These elevations are referred to
as the Stage 3 Minimum Elevations.
c. Update its Web site and IVR messages to account for the impacts of the LIP
on reservoir levels, usability of the Licensee's public access areas, and
recreation flow schedules.
d. Notify the FERC, the USFWS, the USBIA, NMFS, and the Catawba Indian
Nation of the Stage 3 LIC declaration.
e. Provide bi- weekly information updates to owners of Large Water Intakes
about reservoir levels, meteorological forecasts, and inflow of water into the
system.
In addition the Licensee may, at its sole discretion, modify or suspend its use
of selected operating procedures that are designed for periods of normal or
above normal inflow to optimize the water storage capabilities of the Project,
including the Normal Maximum Elevations and Normal Target Elevations for
reservoir levels; the Spring Reservoir Level Stabilization Program; the Wylie
High Inflow Protocol; and at Lake Wateree, the Spring Stable Flow Periods
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and Floodplain Inundation Periods. These modifications and suspensions
may be used at the Licensee's sole discretion in any Low Inflow Condition
(Stages 1 through 4).
3. Owners of Public Water Supply intakes and owners of intakes used for irrigation with
a capacity greater than 100,000 gallons per day will complete the following activities
within 14 days after the Stage 3 LIC declaration:
a. Notify their water customers and employees of the continued Low Inflow
Condition and movement to more stringent mandatory water use restrictions
through public outreach and communication efforts.
b. Require that their water customers and employees implement increased
mandatory water use restrictions, in accordance with their drought response
plans, which may include:
• Limiting lawn and landscape irrigation to no more than one day per week
(i.e. residential, multi - family, parks, streetscapes, schools, etc).
• Eliminating residential vehicle washing.
• Limiting public building, sidewalk, and street washing activities except as
required for safety and /or to maintain regulatory compliance.
• Limiting construction uses of water such as dust control.
• Limiting flushing and hydrant testing programs, except to maintain water
quality or other special circumstances.
• Eliminating the filling of new swimming pools.
At this stage, the goal is to reduce water usage by 10 -20% (or more) from the
amount that would otherwise be expected (as discussed in Stage 1 above).
c. Enforce mandatory water use restrictions through the assessment of
penalties.
d. Encourage industrial /manufacturing process changes that reduce water
consumption.
e. Provide a status update to the CW -DMAG on actual water withdrawal trends.
4. Owners of Large Water Intakes, other than those referenced in item 3 above, will
complete the following activities within 14 days after the Stage 3 LIC declaration:
a. Continue informing their customers and employees of the Low Inflow
Condition through public outreach and communication efforts.
b. Request that their customers and employees conserve water through
reduction of water use, electric power consumption, and other means.
c. Encourage industrial /manufacturing process changes that reduce water
consumption.
d. Provide a status update to the CW -DMAG on actual water withdrawal trends.
Stage 4 Actions
1. The Licensee will declare a Stage 4 Low Inflow Condition (LIC) and notify the CW-
DMAG if:
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a. On the first day of the month, the Storage Index is at or below 42% of the
Target Storage Index, while providing the Stage 3 Minimum Project Flows
during the previous month.
and either of the following conditions exists:
b. The U.S. Drought Monitor Three -Month Numeric Average has a value of 4.
c. The sum of the actual rolling six -month average streamflows at the Monitored
USGS Streamflow Gages is equal to or less than 40% of the sum of the
period of record rolling six -month average streamflows for the same six -
month period.
2. The Licensee will:
a. Continue to provide Critical Flows as long as possible.
b. Reduce the Stage 3 Minimum Elevations to the Critical Reservoir Elevations.
c. Establish a meeting date and notify the CW -DMAG within 1 day following the
Stage 4 LIC declaration.
d. Notify the FERC, the USFWS, the USBIA, NMFS, and the Catawba Indian
Nation of the Stage 4 LIC declaration.
e. Continue to update its Web site and IVR messages to account for the impacts
of the LIP on reservoir levels, usability of the Licensee's public access areas,
and recreation flow schedules.
f. Provide bi- weekly information updates to owners of Large Water Intakes
about reservoir levels, meteorological forecasts, and inflow of water into the
system.
g. In addition the Licensee may, at its sole discretion, modify or suspend its use
of selected operating procedures that are designed for periods of normal or
above normal inflow to optimize the water storage capabilities of the Project,
including the Normal Maximum Elevations and Normal Target Elevations for
reservoir levels; the Spring Reservoir Level Stabilization Program; the Wylie
High Inflow Protocol, and at Lake Wateree, the Spring Stable Flow Periods
and Floodplain Inundation Periods. These modifications and suspensions
may be used at the Licensee's sole discretion in any Low Inflow Condition
(Stages 1 through 4).
Note: Once a Stage 4 LIC is declared, the Remaining Usable Storage in the
reservoir system is small and can be fully depleted in a matter of weeks or
months. Groundwater recharge may also contribute to declining reservoir
levels. For these reasons in the Stage 4 LIC, the Licensee may not be able
to ensure that flow releases from its hydro developments will meet or
exceed Critical Flows or that reservoir elevations will be greater than or
equal to the Critical Reservoir Elevations.
3. Owners of Public Water Supply intakes and owners of intakes used for irrigation with
a capacity greater than 100,000 gallons per day will complete the following activities
within 14 days after the Stage 4 LIC declaration:
a. Notify their water customers and employees of the continued Low Inflow
Condition and movement to emergency water use restrictions through public
outreach and communication efforts.
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b. Restrict all outdoor water use.
c. Implement emergency water use restrictions in accordance with their drought
response plans, including enforcement of these restrictions and assessment
of penalties.
d. Prioritize and meet with their commercial and industrial large water customers
to discuss strategies for water reduction measures including development of
an activity schedule and contingency plans.
e. Prepare to implement emergency plans to respond to water outages.
At this level, the goal is to reduce water usage by 20 -30% (or more) from the
amount that would otherwise be expected (as discussed in Stage 1 above).
4. Owners of Large Water Intakes on the CW -DMAG, other than those referenced in
item 3 above, will complete the following activities within 14 days after the Stage 4
LIC declaration:
a. Continue informing their customers and employees of the Low Inflow
Condition through public outreach and communication efforts.
b. Request that their customers and employees conserve water through
reduction of water use, electric power consumption, and other means.
c. Encourage industrial /manufacturing process changes that reduce water
consumption.
d. Provide a status update to the CW -DMAG on actual water withdrawal trends.
5. The CW -DMAG will:
a. Meet within 5 days after the declaration of the Stage 4 LIC and determine if
there are any additional measures that can be implemented to:
(1) reduce water withdrawals without creating more severe regional
problems;
(2) reduce water releases from the Project without creating more severe
regional problems; or
(3) use additional reservoir storage without creating more severe regional
problems.
b. Work together to develop plans and implement any additional measures
identified above.
Recovery from the Low Inflow Protocol
1. Recovery under the LIP as conditions improve will be accomplished by reversing the
staged approach outlined above, except that:
a. All three of the trigger points identified above for declaring the lower
numbered stage must be met or exceeded before returning reservoir
minimum elevations and Project flows to levels specified in that LIC stage,
Low Inflow Watch, or Normal Conditions.
b. The following groundwater level trigger points must also be attained before
returning reservoir minimum elevations and Project flows to the levels
specified in that LIC stage, Low Inflow Watch, or Normal Conditions:
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USGS has reviewed available well records and has determined that there
are existing wells with an adequate period that can be used for this process
and has also determined that additional wells are advised in order to
include groundwater data as part of the recovery. The CW -DMAG and the
Catawba - Wateree Water Management Group (WMG) will work together to
revise the plan for groundwater monitoring by December 31, 2007 and will
update the table below.
Groundwater Trigger Points (depth below land surface (feet)) for Returning to the Indicated Stage
Groundwater Monitor
[Reg. = regolith; BR= bedrock]
Stage 3
(a)
Stage 2
(b)
Stage 1
(c)
Stage 0
(d)
Normal
(d)
#1 Future Well Placeholder
#2 Future Well Placeholder
#3 Future Well Placeholder
#4 Future Well Placeholder
#5 Future Well Placeholder
#6 USGS Langtree Peninsula RS Reg. well
MW -2 & BR well MW -2D
24.91
23.61
22.21
18.21
18.21
#7 USGS Linville RS NC -220 BR well
2.74
2.19
2.11
2.04
2.04
#8 NC DWR Glen Alpine BR well L 7662
10.01
9.03
8.32
7.69
7.69
#9 Future Well Placeholder
#10 Future Well Placeholder
Note: USGS groundwater levels calculated from daily mean data. North Carolina Division of Water
Resources (NCDWR) water levels calculated from hourly data. All trigger levels calculated from
water levels collected through the 2005 Water Year. Trigger groundwater levels may be updated
on a yearly or water -year basis.
Footnotes:
(a) Stage 3: Period of record low water level
(b) Stage 2: 10th percentile
(c) Stage 1: 25th percentile
(d) Stage 0 and Normal: 50th percentile
2. The NCDENR, SCDNR, SCDHEC, USGS and the Licensee will determine when
attainment of the groundwater trigger points for recovery is reached.
3. The Licensee will directly notify the CW -DMAG members within 5 days following
attainment of all the trigger points necessary to recover to a lower stage of the LIC,
Low Inflow Watch, or Normal Conditions.
4. The Licensee will update its Web site and IVR messages to account for the impacts
of the LIP on reservoir levels, usability of the Licensee's public access areas, and
recreation flow schedules.
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APPENDIX D: MAINTENANCE AND EMERGENCY PROTOCOL
(MEP) FOR THE CATAWBA - WATEREE PROJECT
Introduction
Under some emergency, equipment failure, maintenance or other abnormal situations,
certain license conditions may be impractical or even impossible to meet and may need
to be suspended or modified temporarily to avoid taking unnecessary risks. The
objectives of this protocol are to define the most likely situations of this type, identify the
potentially impacted license conditions and outline the general approach that the
Licensee will take to mitigate the impacts to license conditions and to communicate with
the resource agencies and affected parties.
Note: Due to the potential variability of these abnormal situations, this protocol is not
intended to give an exact step -by -step solution path. It will, however, provide basic
expectations for the Licensee's approach to dealing with the situation. Specific details
will vary and will be determined on a case -by -case basis as the protocol is being
enacted.
The Licensee will review the requirements of this protocol each time it is used and may
revise the MEP from time to time as noted below.
Key Facts and Definitions
Human Health and Safety and the integrity of the Public Water Supply and
Electric Systems are of Utmost Importance — Nothing in this protocol will limit the
Licensee's ability to take any and all lawful actions necessary at the Project to
protect human health and safety, protect its equipment from major damage,
protect the equipment of the Large Water Intake owners from major damage, and
ensure the stability of the regional electric grid and public water supply systems.
It is recognized that the Licensee may take the steps that are necessary to
protect these things without prior consultation or notification. Likewise, nothing in
this MEP will limit the States of North Carolina and South Carolina from taking
any and all lawful actions necessary within their jurisdictions to protect human
health and safety. It is recognized that North Carolina and South Carolina may
also take the steps necessary to protect these things without prior consultation or
notification.
2. Normal Full Pond Elevation — Also referred to simply as "full pond," this is the
level of a reservoir that corresponds to the point at which water would first begin
to spill from the reservoir's dam(s) if the Licensee took no action. This level
corresponds to the lowest point along the top of the spillway (including
flashboards) for reservoirs without floodgates and to the lowest point along the
top of the floodgates for reservoirs that have floodgates. To avoid confusion
among the many reservoirs the Licensee operates, it has adopted the practice of
referring to the Full Pond Elevation for all of its reservoirs as equal to 100.0 ft.
relative. The Full Pond Elevations for the Catawba - Wateree Project reservoirs
are:
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Reservoir
Full Pond Elevation
(ft. above Mean Sea Level)
Lake James
1200.0
Lake Rhodhiss
995.1
Lake Hickory
935.0
Lookout Shoals Lake
838.1
Lake Norman
760.0
Mountain Island Lake
647.5
Lake Wylie
569.4
Fishing Creek Reservoir
417.2
Great Falls Reservoir
355.8
Cedar Creek Reservoir
284.4
Lake Wateree
225.5
3. Normal Minimum Elevation — The level of a reservoir (measured in feet above
Mean Sea Level (MSL) or feet relative to the full pond contour with 100.0 ft.
corresponding to full pond) that defines the bottom of the reservoir's Normal
Operating Range for a given day of the year. If inflows and outflows to the
reservoir are kept within some reasonable range of the average or expected
amounts, hydroelectric project equipment is operating properly and no protocols
for abnormal conditions have been implemented, reservoir level excursions
below the Normal Minimum Elevation should not occur.
4. Normal Maximum Elevation — The level of a reservoir (measured in feet above
Mean Sea Level (MSL) or feet relative to the full pond contour with 100.0 ft.
corresponding to full pond) that defines the top of the reservoir's Normal
Operating Range for a given day of the year. If inflows and outflows to the
reservoir are kept within some reasonable range of the average or expected
amounts, hydroelectric project equipment is operating properly, and no protocols
for abnormal conditions have been implemented, reservoir level excursions
above the Normal Maximum Elevation should not occur.
5. Normal Target Elevation — The level of a reservoir (measured in ft above Mean
Sea Level (msl) or feet relative to the full pond contour with 100.0 ft
corresponding to full pond) that the Licensee will endeavor in good faith to
achieve, unless operating in the Low Inflow Protocol, the Maintenance and
Emergency Protocol, the Spring Reservoir Level Stabilization Program (Lakes
James, Norman, Wylie and Wateree only), a Spring Stable Flow Period (Lake
Wateree only) or a Floodplain Inundation Period (Lake Wateree only). Since
inflows vary significantly and outflow demands also vary, the Licensee will not
always be able to maintain actual reservoir level at the Normal Target Elevation.
The Normal Target Elevation falls within the Normal Operating Range, but it is
not always the average of the Normal Minimum and Normal Maximum
Elevations.
6. Normal Operating Range — The band of reservoir levels within which the
Licensee normally attempts to maintain a given reservoir that it operates on a
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given day. Each reservoir has its own specific Normal Operating Range, and that
range is bounded by a Normal Maximum Elevation and a Normal Minimum
Elevation. If inflows and outflows to the reservoir are kept within some
reasonable range of the average or expected amounts, hydro project equipment
is operating properly and no protocols for abnormal conditions have been
implemented, reservoir level excursions outside of the Normal Operating Range
should not occur.
7. Returning to Normal — Some of the abnormal situations noted in this MEP can
impact the Licensee's ability to operate the hydro project in the most efficient and
safest manner for power production. The Licensee will therefore endeavor in
good faith to repair existing hydro project equipment and facilities and return
them to service within a reasonable period of time, commensurate with the
severity of the equipment / facility repair requirements. If the Licensee decides
that repair is not cost - effective or that hydro station or dam retirement is
necessary, the Licensee will notify the Parties to the relicensing Final Agreement
and consult with them as well as the FERC to determine any necessary
modifications of the New License and /or this Agreement.
8. Incidental Maintenance — These are maintenance activities at hydro project
works that are very brief in nature or that require minimal if any deviation from
normal license conditions. For the purposes of this protocol, maintenance of
hydro project works that does not require deviation from any license conditions
related to prescribed flow releases from project structures, or the Normal
Operating Ranges for reservoir levels or is less than 24 hours in duration and will
not require any excursions below any Critical Flows or Critical Reservoir
Elevations is considered Incidental Maintenance and, except for the notification
steps identified in the tables below for communication with resource agencies
and affected parties for conditions that impact prescribed flow releases,
Incidental Maintenance is exempt from the requirements of this protocol.
9. Notification Guidance
a. Scheduled Maintenance that Affects License Conditions — Typically,
scheduled maintenance is planned months in advance. Once a likely
maintenance schedule has been established, the Licensee will endeavor in
good faith to provide as much advance notice as possible to the affected
parties identified in this protocol.
b. Unscheduled Maintenance and Emergencies that Affect License Conditions —
It is not possible for the Licensee to assure any level of advance notice. For
these situations, the Licensee will endeavor in good faith to inform the
affected parties identified in this protocol within some reasonable amount of
time after the situation has been identified.
10. Relationship Between this Protocol and the Low Inflow Protocol —The Low Inflow
Protocol (LIP) provides for reductions in generation flows, instream flows and
recreational flow releases and modification of the Normal Operating Ranges for
reservoir levels when water demands on the reservoirs substantially exceed net
inflow. Lowered reservoir levels caused by situations addressed under this
Maintenance and Emergency Protocol (MEP) will not invoke implementation of
the LIP. Also, if the LIP has already been implemented at the time that a situation
covered by this MEP is initiated, the Licensee will typically suspend
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implementation of the LIP until the MEP situation has been eliminated. The
Licensee may however choose to continue with the LIP if desirable.
11. Peak Recreation Season — The period when recreation use on Project reservoirs
is generally at the highest levels, identified by the Recreation Use and Needs
Study as extending from April 1St through September 301h.
12. Critical Flows — The minimum flow releases from the hydro developments that
may be necessary to:
a. prevent long -term or irreversible damage to aquatic communities consistent
with the resource management goals and objectives for the affected stream
reaches;
b. provide some basic level of operability for large water intakes located on the
affected stream reaches; and,
c. provide some basic level of water quality maintenance in the affected stream
reaches.
For the purposes of the LIP and this MEP, the Critical Flows are as follows:
a. Linville River, below the Bridgewater Development: 75 cubic feet per second
(cfs).
b. Catawba River Bypassed Reach below the Bridgewater Development: 25
cfs.
c. Oxford Regulated River Reach below the Oxford Development: 100 cfs.
d. Lookout Shoals Regulated River Reach below the Lookout Shoals
Development: 80 cfs.
e. Wylie Regulated River Reach below the Wylie Development: 700 cfs
f. Great Falls Bypassed Reaches (Long and Short) at the Great Falls- Dearborn
Development: 450 cfs and 80 cfs respectively.
g. Wateree Regulated River Reach below the Wateree Development: 800 cfs
h. Leakage flows at the remaining Project structures. Leakage flows are
defined as the flow of water through wicket gates when the hydro units are
not operating and seepage through the Project structures at each
development.
13. Critical Reservoir Elevation — Unless it is otherwise stated as applying only to a
specific intake or type of intake, the Critical Reservoir Elevation is the highest
level of water in a reservoir (measured in feet above Mean Sea Level (mis) or
feet relative to the full pond contour with 100.0 ft. corresponding to full pond)
below which any Large Water Intake used for Public Water Supply or industrial
uses, or any regional power plant intake located on the reservoir will not operate
at its Licensee - approved capacity. The Critical Reservoir Elevations, as of June
1, 2006, are defined below:
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Reservoir
Critical Reservoir Elevation
(ft. relative to local datum)
(100 ft = Full Pond)
Type of Limit
Lake James
61.0
Power Production
Lake Rhodhiss
89.4
Municipal Intake
Lake Hickory
94.0
Municipal Intake
Lookout Shoals Lake
74.9
Municipal Intake
Lake Norman
90.0
Power Production
Mountain Island Lake
94.3
Power Production
Lake Wylie
92.6
Industrial Intake
Fishing Creek Reservoir
95.0
Municipal Intake
Great Falls Reservoir
87.2
Power Production
Cedar Creek Reservoir
80.3
Power Production
Lake Wateree
92.5
Municipal Intake
14. Organizational abbreviations include the North Carolina Department of the
Environment and Natural Resources (NCDENR), North Carolina Wildlife
Resources Commission (NCWRC), North Carolina State Historic Preservation
Office (NCSHPO), South Carolina Department of Natural Resources (SCDNR),
South Carolina Department of Health and Environmental Control (SCDHEC),
South Carolina State Historic Preservation Office (SCSHPO), United States Fish
& Wildlife Service (USFWS), United States Geological Survey (USGS), American
Whitewater (AW), United States Bureau of Indian Affairs (USBIA), Catawba
Indian Nation (CIN) and the Eastern Band of Cherokee Indians (EBCI).
15. Voltage and Capacity Emergencies — The electric transmission system serving
the Project area is part of the Licensee's main transmission system. The
Licensee's system is connected to other large transmission systems located in
the southeast. If the Licensee's system reliability is at risk due to Voltage and
Capacity Emergencies, the ability to provide secure and continuous electric
service to the Licensee's electric customers becomes compromised. The
Licensee's System Operating Center (SOC) and Transmission Control Center
(TCC) continuously monitor the electric transmission system. Therefore, for the
purposes of this protocol, a Voltage or Capacity Emergency shall exist when
declared by the Licensee's SOC or TCC.
16. Large Water Intake — any water intake (e.g., public water supply, industrial,
agricultural, power plant, etc.) having a maximum instantaneous capacity greater
than or equal to one Million Gallons per Day (MGD) that withdraws water from
the Catawba - Wateree River Basin.
17. Preparation for High Inflow Events —With modern forecasting, it is more possible
than ever to predict large high inflow events and to increase generation hours to
reduce reservoir levels in order to mitigate the potential for spilling and high
water. Typically, this type of advance action is taken from 1 to 5 days or more
before the expected arrival of the storm. It is assumed that the Normal Operating
Ranges of reservoir levels may not include adequate flexibility (i.e. band width) to
C -W CRA Sig Copy (Rev 1) 10 -20 -06 D - 5

Catawba - Wateree Project (FERC No. 2232)
Comprehensive Relicensing Agreement
allow for this type of reservoir level reduction under heavy inflow circumstances,
and therefore, allowances are made in this MEP to lower reservoir levels below
the Normal Minimum Elevations if needed in preparation for such events.
18. Large Extended Drawdown — Any drawdown of a Project reservoir that will
expose substantial lakebed areas for an extended period of time that are not
normally exposed during the year. For the purposes of this document, a large
extended drawdown is any drawdown that is expected to maintain lake elevation
for at least 30 consecutive days at levels that are at least five feet below the
lowest Normal Minimum Elevation for that reservoir.
19. Revising the MEP — The Licensee will review the requirements of this MEP each
time it is used and will consult with the organizations listed in Item 14 above if the
Licensee determines that revisions are warranted. The Licensee will file the
revised MEP with the FERC, including filing a license amendment request if the
Licensee determines that the amendment is needed. If any modifications of the
MEP require amendment of the New License, the Licensee will provide notice to
all Parties to the relicensing Final Agreement advising them of the proposed
license article amendment prior to filing the license amendment request for
FERC approval. The filing of a revised MEP by the Licensee will not constitute or
require modification to the relicensing Final Agreement and any Party to the
relicensing Final Agreement may be involved in the FERC's public process for
assessing the revised MEP.
Assumptions
1. Instream Flows For Recreation — The New License for the Catawba - Wateree
Project includes the prescribed recreational flow releases as listed in the
proposed Recreational Flows License Article.
2. Minimum Flows — The New License for the Catawba - Wateree Project includes
the minimum flow requirements as listed in the proposed Minimum Flows License
Article, the proposed Wylie High Inflow Protocol License Article, and the
proposed Flows Supporting Public Water Supply and Industrial Processes
License Article.
3. Public Information System — The New License for the Catawba - Wateree Project
includes the requirement to provide information to the public as specified in the
proposed Public Information License Article.
4. Normal Operating Range for Reservoir Levels — The New License for the
Catawba - Wateree Project includes the Normal Operating Ranges for the
reservoirs (i.e., Normal Minimum, Normal Maximum and Normal Target
Elevations) as listed in the proposed Reservoir Elevations License Article.
5. Spring Reservoir Level Stabilization Program — The New License for the
Catawba - Wateree Project includes the reservoir level requirements in the
proposed Spring Reservoir Level Stabilization Program License Article.
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Catawba - Wateree Project (FERC No. 2232)
Comprehensive Relicensing Agreement
Guidance for Responding to Abnormal Conditions
This section provides guidance for responding to the most likely conditions identified in
the table below. The table identifies the most likely abnormal conditions when this
protocol will be enacted and the license requirements that would most likely be
impacted.
Abnormal Condition
Potentially Impacted License
Requirements
Normal
Flows in
Operating
Condition
Flows in
Regulated
Ranges and
Letter
Condition Name
Indications
Bypassed
River
Stabilization
Reaches
Reaches
Periods for
Reservoir
Levels
A
Hydro Unit
Maintenance will require hydro
X
X
X
Maintenance
unit shutdown.
Maintenance of
Maintenance will require
B
Minimum Flow
interruption of scheduled
X
X
Devices
minimum releases from normal
locations
Condition A or B (i.e. dam
failure has occurred, is
Dam Safety
imminent or a potentially
C
Emergency
hazardous situation exists) is
X
X
X
declared per Emergency
Action Plan or other dam
safety concern is identified.
Voltage or capacity conditions
on the electric grid in the
Licensee's system or the
larger regional electric grid
Voltage or
cause the Licensee's system
D
Capacity
reliability and safety to be at
X
X
X
Emergency
risk and a voltage or capacity
emergency is declared by
Licensee's System Operating
Center (SOC) or Transmission
Control Center (TCC).
Reservoir
Drawdown
Below Normal
Minimum
E
Elevation due to
The reservoir level is below
X
X
X
maintenance,
Normal Minimum Elevation
emergency or
other reasons
(not due to low
or high inflow)
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Comprehensive Relicensing Agreement
Abnormal Condition
Potentially Impacted License
Requirements
Normal
Flows in
Operating
Condition
Flows in
Regulated
Ranges and
Letter
Condition Name
Indications
Bypassed
River
Stabilization
Reaches
Reaches
Periods for
Reservoir
Levels
Safe access to bypasses or
River Access
regulated river reaches
F
Special
requires interruption of
X
X
Circumstances
scheduled /minimum releases
from normal locations
Expected or
The water level at a reservoir
G
existing high
is significantly above or below
X
inflow event
the Normal Operating Range
Communication with Resource Agencies and Affected Parties
General Notification
As soon as possible after the Licensee determines that the response to an abnormal
condition will potentially impact license conditions, the Licensee will add appropriate
messages to its public information Web site and /or its reservoir level toll -free phone
system to inform the general public. Specific consultation is discussed below for each
identified abnormal situation.
Notification and Consultation
Notification and consultation requirements are specified for each abnormal condition.
The Licensee will consider options suggested by the identified agencies and
organizations that could lessen the impact of the abnormal condition on the
environmental, cultural and human needs relative to the Project.
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Catawba - Wateree Project (FERC No. 2232)
Comprehensive Relicensing Agreement
Abnormal Condition A.1 — Scheduled Hydro Unit Maintenance
Mitigating Actions
Scheduling — To the extent practical, the Licensee will avoid scheduling hydro unit
maintenance that would impact flow requirements for aquatic habitat, water quality,
recreation, navigation or downstream water uses during Peak Recreation Season, or
during Spring Reservoir Level Stabilization Periods (Bridgewater, Cowans Ford,
Wylie and Wateree developments only) or during Spring Stable Flow Periods
(Wateree Development only) unless it is likely that the equipment condition will cause
damage or unscheduled unit maintenance if repairs are delayed.
2. Replacing Recreational Flow Releases — If the maintenance operations affect
equipment that provides the normal method of providing prescribed recreational
flows, then the Licensee will endeavor in good faith to replace some or all of the
missed flows that are normally scheduled for recreation. This can be accomplished
by providing replacement flow releases at the Oxford Development, the Wylie
Development, and the Fishing Creek Development (for the Great Falls Bypassed
Reaches) through the use of spillway gates. The preferred method at all of the
developments is to schedule replacement recreational flow releases for another time
after the maintenance operations are completed. The replacement recreational flow
releases will occur during the same calendar year as originally scheduled. An Annual
Recreational Flow Schedule Planning meeting will be held each March (see Section
3.2 of the relicensing Final Agreement) and contingency dates for make -up releases
can be identified at that time.
3. Drawing Down the Affected Reservoir —To minimize the impacts to its electric
customers, the Licensee may choose to draw down a reservoir using its hydro units
to minimize spillage from the dam during maintenance operations, but not to levels
below the Critical Reservoir Elevations.
4. Avoid Falling Below the Critical Flows — To the extent practical, the Licensee will
avoid falling below any of the Critical Flows as noted above. If it is determined that
100 percent exceedance of the Critical Flows cannot reasonably be achieved, the
Licensee will work with the resource agencies to (a) monitor any potential aquatic
species impacts in the affected stream segments and (b) replace any aquatic
species mortalities that are identified. The Licensee will also work with any affected
Large Water Intake Owners or Downstream Effluent Dischargers to minimize the
impacts of any reduced flow releases.
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Catawba - Wateree Project (FERC No. 2232)
Comprehensive Relicensing Agreement
Communication with Resource Agencies and Affected Parties
Abnormal Condition A.1 — Scheduled Hydro Unit Maintenance
Notification
Consultation
Comments
For developments in NC (including Wylie). If the maintenance will
NCDENR
affect any required flow release or Normal Operating Range or
FERC
NCWRC
Stabilization Requirements for Reservoir Levels, provide notification
USFWS
and initiate consultation as soon as maintenance schedules are
determined (typically months in advance), but at least 10 days prior to
beginning any reservoir drawdown or the hydro unit maintenance.
For developments in SC. If the maintenance will affect any required
SCDNR
flow release or Normal Operating Range or Stabilization
FERC
SCDHEC
Requirements for Reservoir Levels, provide notification and initiate
USFWS
consultation as soon as maintenance schedules are determined
(typically months in advance), but at least 10 days prior to beginning
any reservoir drawdown or the hydro unit maintenance.
AW
Consult at least 10 days prior to maintenance if it will affect the
prescribed recreational flow releases.
NCSHPO
Consult at least 10 days prior to maintenance or beginning any
SCSHPO
reservoir drawdown if maintenance will affect Historic Properties
CIN
( NCSHPO or SCSHPO as appropriate) and include consultation with
EBCI
CIN and EBCI if the maintenance will result in a Large Extended
Drawdown.
USBIA
Consult at least 10 days prior to maintenance, if it will affect normal
CIN
minimum flow releases from the Wylie Development.
Large Water
Intake Owners'
Consult with intake owners and downstream effluent dischargers at
Downstream
least 10 days prior to beginning maintenance or any reservoir
Effluent
drawdown if flow releases below Critical Flows will be required.
Dischargers'
Access Area
The Licensee will conduct notification procedures for any temporary
Closure
recreation facility /Access Area closures (e.g., closure due to
Notification
extended low reservoir levels) in accordance with the Recreation
Management Plan.
As soon as possible after the Licensee determines that the response
to an abnormal condition will potentially impact license conditions,
General
the Licensee will add appropriate messages to its public information
Web site and its reservoir level toll -free phone system to inform the
general public.
Note 1 — If affected by the maintenance.
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Catawba - Wateree Project (FERC No. 2232)
Comprehensive Relicensing Agreement
Abnormal Condition A.2 — Unscheduled Hydro Unit Maintenance
Mitigating Actions
Replacing Recreational Flow Releases — If the maintenance affects equipment that
provides the normal method of providing prescribed recreational flows, then the
Licensee will endeavor in good faith to replace some or all of the missed flows that
are normally scheduled for recreation. This can be accomplished by providing
replacement flow releases at the Oxford Development, Wylie Development, and the
Fishing Creek Development (for the Great Falls Bypassed Reaches) through the use
of spillway gates. The preferred method at all the developments is to schedule
replacement recreational flow releases for another time after the maintenance
operations are complete. The replacement recreational flow releases will occur
during the same calendar year as originally scheduled. An Annual Recreational Flow
Schedule Planning meeting will be held each March (see Section 3.2 of the
relicensing Final Agreement) and contingency dates for make -up releases can be
identified at that time.
2. Drawing Down the Affected Reservoir —To minimize the impacts to its electric
customers, the Licensee may choose to draw down a reservoir using its hydro units
to minimize spillage from the dam during maintenance operations, but not to levels
below the Critical Reservoir Elevations.
3. Avoid Falling Below the Critical Flows — To the extent practical, the Licensee will
avoid falling below any of the Critical Flows as noted above. If it is determined that
100 percent exceedance of the Critical Flows cannot reasonably be achieved, the
Licensee will work with the resource agencies to (a) monitor any potential aquatic
species impacts in the affected stream segments and (b) replace any aquatic
species mortalities that are identified. The Licensee will also work with any affected
Large Water Intake Owners and Downstream Effluent Dischargers to minimize the
impacts of any reduced flow releases.
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Catawba - Wateree Project (FERC No. 2232)
Comprehensive Relicensing Agreement
Communication with Resource Agencies and Affected Parties
Abnormal Condition A.2 — Unscheduled Hydro Unit Maintenance
Notification
Consultation
Comments
For developments in NC (including Wylie). If the maintenance will
FERC
NC
affect any required flow release or Normal Operating Range or
NCDENR
NCWRC
Stabilization Requirements for Reservoir Levels, perform notification
NCWRC
USFWS
as soon as possible after the unscheduled maintenance begins, but
USFWS
no longer than 5 days afterwards. Begin consultation within 10 days
after the unscheduled maintenance begins..
FERC
For developments in SC. If the maintenance will affect any required
SCDNR
SCDNR
flow release or Normal Operating Range or Stabilization
SCDHEC
SCDHEC
Requirements for Reservoir Levels, perform notification as soon as
USFWS
USFWS
possible after the unscheduled maintenance begins, but no longer
than 5 days afterwards. Initiate consultation within 10 days.
AW
AW
Notify (within 5 days) and consult (within 10 days) afterwards if
maintenance will affect the prescribed recreational flow releases.
NCSHPO
NCSHPO
Notify (within 5 days) and consult (within 10 days) afterwards with
SCSHPO
SCSHPO
NCSHPO and SCSHPO if maintenance will affect Historic Properties
CIN
CIN
and include consultation with CIN and EBCI if the maintenance will
EBCI
EBCI
result in a Large Extended Drawdown.
USBIA
USBIA
Notify (within 5 days) and consult (within 10 days) afterwards if
CIN
CIN
maintenance affects normal minimum flow releases from the Wylie
Development.
Large Water
Large Water
Intake Owners'
Intake Owners'
Notify (within 5 days) and consult (within 10 days) afterwards with
Downstream
Downstream
intake owners and downstream effluent dischargers if flow releases
Effluent
Effluent
below Critical Flows are required.
Dischargers'
Dischargers'
Access Area
The Licensee will conduct notification procedures for any temporary
Closure
recreation facility /Access Area closures (e.g., closure due to
Notification
extended low reservoir levels) in accordance with the Recreation
Management Plan.
As soon as possible after the Licensee determines that the response
to an abnormal condition will potentially impact license conditions,
General
the Licensee will add appropriate messages to its public information
Web site and its reservoir level toll -free phone system to inform the
general public.
Note 1 — If affected by the maintenance.
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Catawba - Wateree Project (FERC No. 2232)
Comprehensive Relicensing Agreement
Abnormal Condition 13.1 — Maintenance of the Normal Means of
Providing Minimum Flows (Scheduled)
Mitigating Actions
1. Scheduling — To the extent practical, the Licensee will avoid scheduling maintenance
that would impact the ability of the Licensee to release flows for aquatic habitat,
water quality or downstream water uses, unless it is likely that the equipment
condition will cause damage or an unscheduled maintenance condition if repairs are
delayed.
2. Providing Minimum Flows — If the maintenance cannot avoid impacting minimum
flows for aquatic habitat, water quality or downstream water uses, then the Licensee
will endeavor in good faith to provide some of the minimum flows in the affected
stream reaches. This can be accomplished by partially opening spillway gates at the
Oxford Development, the Wylie Development and the Fishing Creek Development
(for the Great Falls Bypassed Reaches). At all other sites, leakage from the dams or
other means of releasing flows (e.g., pulsing of hydro units at Bridgewater) will be
provided during the maintenance. Note that it would be a very unusual occurrence to
not have any generation or spill control equipment available at these sites.
3. Avoid Falling Below the Critical Flows — To the extent practical, the Licensee will
avoid falling below any of the Critical Flows as noted above. If it is determined that
100 percent exceedance of the Critical Flows cannot reasonably be achieved, the
Licensee will work with the resource agencies to (a) monitor any potential aquatic
species impacts in the affected stream segments and (b) replace any aquatic
species mortalities that are identified. The Licensee will also work with any affected
Large Water Intake Owners and Downstream Effluent Dischargers to minimize the
impacts of any reduced flow releases.
C -W CRA Sig Copy (Rev 1) 10 -20 -06 D - 13

Catawba - Wateree Project (FERC No. 2232)
Comprehensive Relicensing Agreement
Communication with Resource Agencies and Affected Parties
Abnormal Condition B.1 — Maintenance of the Normal Means of Providing Minimum Flows (Scheduled)
Notification
Consultation
Comments
NCDENR
NCWRC
USFWS
For developments in NC (including Wylie). If the maintenance cannot
Large Water
avoid impacting minimum flows for aquatic habit, water quality or
FERC
Intake Owners'
downstream water uses, provide notification and initiate consultation
as soon as maintenance schedules are determined (typically months
Downstream
in advance), but at least 10 days prior to beginning the maintenance.
Effluent
Dischargers'
SCDNR
SCDHEC
USFWS
For developments in SC. If the maintenance cannot avoid impacting
Large Water
minimum flows for aquatic habit, water quality or downstream water
FERC
Intake Owners'
uses, provide notification and initiate consultation as soon as
maintenance schedules are determined (typically months in
Downstream
advance), but at least 10 days prior to beginning the maintenance.
Effluent
Dischargers'
Consult if maintenance affects normal minimum flow releases from
USBIA
the Wylie Development, as soon as maintenance schedules are
CIN
determined (typically months in advance), but at least 10 days prior
to beginning the maintenance.
As soon as possible after the Licensee determines that the response
to an abnormal condition will potentially impact license conditions,
General
the Licensee will add appropriate messages to its public information
Web site and /or its reservoir level toll -free phone system to inform
the general public.
Note 1 — If affected by the maintenance.
C -W CRA Sig Copy (Rev 1) 10 -20 -06 D - 14

Catawba - Wateree Project (FERC No. 2232)
Comprehensive Relicensing Agreement
Abnormal Condition 13.2 — Maintenance of the Normal Means of
Providing Minimum Flows (Unscheduled)
Mitigating Actions
Providing Minimum Flows — If the maintenance cannot avoid impacting minimum
flows for aquatic habitat, water quality or downstream water uses, then the Licensee
will endeavor in good faith to provide some of the minimum flows in the affected
stream reaches. This can be accomplished by partially opening spillway gates at the
Oxford Development, the Wylie Development and the Fishing Creek Development
(for the Great Falls Bypassed Reaches). At all other sites, leakage from the dams or
other means of releasing flows (e.g., pulsing of hydro units at Bridgewater) will be
provided during the maintenance. Note that it would be a very unusual occurrence to
not have any generation or spill control capability available at these sites.
2. Avoid Falling Below the Critical Flows — To the extent practical, the Licensee will
avoid falling below any of the Critical Flows as noted above. If it is determined that
100 percent exceedance of the Critical Flows cannot reasonably be achieved, the
Licensee will work with the resource agencies to (a) monitor any potential aquatic
species impacts in the affected stream segments and (b) replace any aquatic
species mortalities that are identified. The Licensee will also work with any affected
Large Water Intake Owners and Downstream Effluent Dischargers to minimize the
impacts of any reduced flow releases.
C -W CRA Sig Copy (Rev 1) 10 -20 -06 D - 15

Catawba - Wateree Project (FERC No. 2232)
Comprehensive Relicensing Agreement
Communication with Resource Agencies and Affected Parties
Abnormal Condition 13.2 — Maintenance of the Normal Means of Providing Minimum Flows
(Unscheduled)
Notification
Consultation
Comments
FERC
NCDENR
NCDENR
NCWRC
NCWRC
USFWS
USFWS
For developments in NC (including Wylie). If the maintenance cannot
avoid impacting minimum flows for aquatic habit, water quality or
Large Water
Large Water
downstream water uses, perform notification as soon as possible
Intake Owners
Intake Owners'
after the unscheduled maintenance begins, but no longer than 5 days
afterwards. Begin consultation within 10 days after the unscheduled
Downstream
Downstream
maintenance begins.
Effluent
Dischargers'
Dischargers'
FERC
SCDNR
SCDNR
SCDHEC
SCDHEC
USFWS
USFWS
For developments in SC. If the maintenance cannot avoid impacting
Large Water
minimum flows for aquatic habit, water quality or downstream water
Large Water
Intake Owners'
uses, perform notification as soon as possible after the unscheduled
Intake Owners
maintenance begins, but no longer than 5 days afterwards. Initiate
Downstream
consultation within 10 days.
Downstream
Effluent
Dischargers'
Dischargers'
Notify if maintenance affects normal minimum flow releases from the
USBIA
USBIA
Wylie Development, as soon as possible after the unscheduled
CIN
CIN
maintenance begins, but no longer than 5 days afterwards. Initiate
consultation within 10 days.
As soon as possible after the Licensee determines that the response
to an abnormal condition will potentially impact license conditions,
General
the Licensee will add appropriate messages to its public information
Web site and /or its reservoir level toll -free phone system to inform
the general public.
Note 1 — If affected by the maintenance.
C -W CRA Sig Copy (Rev 1) 10 -20 -06 D - 16

Catawba - Wateree Project (FERC No. 2232)
Comprehensive Relicensing Agreement
Abnormal Condition C — Dam Safety Emergency
Mitigating Actions
1. Safety Must Come First — If a Condition A or B is declared per the Licensee's
Emergency Action Plan, or other dam safety concerns arise, the Licensee may
modify or suspend any license conditions immediately and for as long as necessary
to restore the dam to a safe condition.
Communication with Resource Agencies and Affected Parties
Abnormal Condition C — Dam Safety Emergency
Notification
Consultation
Comments
Conducted strictly in accordance with the Licensee's Emergency
Action Plan. In cases where dam safety concerns arise that are
During EAP Condition A or B
not a Condition A or B per the Licensee's Emergency Action Plan,
consultation with resource agencies and affected parties will occur
as soon as possible, after the dam safety concern arises.
As soon as possible after the Licensee determines that the
response to an abnormal condition will potentially impact license
Once Dam Safety Conditions Have
conditions, the Licensee will add appropriate messages to its
Stabilized
public information Web site and /or its reservoir level toll -free phone
system to inform the general public.
Access Area
The Licensee will conduct notification procedures for any
Closure
temporary recreation facility /Access Area closures (e.g., closure
Notification
due to extended low reservoir levels) in accordance with the
Recreation Management Plan.
C -W CRA Sig Copy (Rev 1) 10 -20 -06 D - 17

Catawba - Wateree Project (FERC No. 2232)
Comprehensive Relicensing Agreement
Abnormal Condition D — Voltage and Capacity Emergencies
Mitigating Actions
Suspension of the Normal Operating Ranges and Spring Stabilization Periods for
Reservoir Levels — If a voltage or capacity emergency (as defined above) occurs, the
Licensee may modify or suspend reservoir level operating limitations immediately
and for as long as necessary if doing so would allow additional hydro station
operation that is needed to restore the electric grid to a stable condition. Reservoir
levels will not be reduced below the Critical Reservoir Elevations noted above.
2. Conserving Water for Power Generation — If a voltage or capacity emergency (as
defined above) occurs and if it is expected to continue for an extended period of time
(e.g. two weeks or more), the Licensee may reduce minimum flows to the Critical
Flows (as defined above) and may modify or suspend any scheduled recreational
flow releases, and may at Lake Wateree, modify or suspend any Spring Stable Flows
or Floodplain Inundation Flows if taking those actions is necessary to maintain the
water inventory in Project reservoirs for use during the Voltage and Capacity
Emergency. During a Voltage and Capacity Emergency, the Licensee will not
deviate from the normal license conditions to conserve water for power generation
strictly as a cost avoidance measure, but only to assist in addressing the emergency.
3. Replacing Lost Recreational Flow Releases — If scheduled recreational flow releases
are lost, then once the emergency is over, the Licensee will endeavor in good faith to
reschedule the releases during the same calendar year as originally scheduled. An
Annual Recreational Flow Schedule Planning meeting will be held each March (see
Section 3.2 of the relicensing Final Agreement) and contingency dates for make -up
releases can be identified at that time.
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Catawba - Wateree Project (FERC No. 2232)
Comprehensive Relicensing Agreement
Communication with Resource Agencies and Affected Parties
Abnormal Condition D — Voltage and Capacity Emergencies
Notification
Consultation
Comments
FERC
NC
For developments in NC (Including Wylie). Perform notification as
NCDENR
NCWRC
soon as possible, but no longer than 5 days following the deviation
NCWRC
USFWS
from a license condition for Voltage or Capacity Emergency reasons.
USFWS
Initiate consultation as soon as possible.
FERC
SCDNR
For developments in SC. Perform notification as soon as possible,
SCDNR
SCDHEC
but no longer than 5 days following the deviation from a license
SCDHEC
USFWS
condition for Voltage or Capacity Emergency reasons. Initiate
USFWS
consultation as soon as possible.
AW
AW
Notify (within 5 days) and consult as soon as possible if maintenance
will affect the prescribed recreational flow releases.
NCSHPO
NCSHPO
Notify (within 5 days) and consult as soon as possible with NCSHPO
SCSHPO
SCSHPO
and SCSHPO if Voltage or Capacity Emergency will affect Historic
CIN
CIN
Properties.
EBCI
EBCI
USBIA
USBIA
Notify (within 5 days) and consult as soon as possible if Voltage or
CIN
CIN
Capacity Emergency affects normal minimum flow releases from the
Wylie Development.
Access Area
The Licensee will conduct notification procedures for any temporary
Closure
recreation facility /Access Area closures (e.g., closure due to
Notification
extended low reservoir levels) in accordance with the Recreation
Management Plan.
As soon as possible after the Licensee determines that the response
to an abnormal condition will potentially impact license conditions,
General
the Licensee will add appropriate messages to its public information
Web site and its reservoir level toll -free phone system to inform the
general public.
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Catawba - Wateree Project (FERC No. 2232)
Comprehensive Relicensing Agreement
Abnormal Condition E.1 — Reservoir Drawdown (Planned)
Mitigating Actions
Scheduling — To the extent practical, the Licensee will avoid scheduling reservoir
drawdowns that would impact the ability of the Licensee to release the prescribed
flows for aquatic habitat, water quality, recreation, navigation or downstream water
uses. Also, to the extent practical, the Licensee will avoid scheduling reservoir
drawdowns during the Peak Recreation Season or during Spring Reservoir Level
Stabilization Periods (Bridgewater, Cowans Ford, Wylie and Wateree developments
only) or during Spring Stable Flow Periods (Wateree Development only).
2. Alternative Means to Provide Minimum Flows — If the drawdown cannot avoid
impacting minimum flows for aquatic habitat, water quality or downstream water
uses, then the Licensee will endeavor in good faith to provide some of the minimum
flows in the affected stream reaches by utilizing the generating equipment, spill gates
or leakage at the developments for flows required downstream of the powerhouses.
Note that it would be a very unusual occurrence to not have any generating units or
spill devices available at these sites for flows required downstream of powerhouses.
3. Replacing Recreational Flow Releases — If the reservoir drawdown impacts normally
scheduled recreational flows, then the Licensee will endeavor in good faith to replace
some or all of the missed recreational flows. This can be accomplished by providing
replacement flow releases at the Oxford Development, the Wylie Development, and
the Fishing Creek Development (for the Great Falls Bypassed Reaches) through the
use of spillway gates. The preferred method at all of the developments is to
schedule replacement recreational flow releases for another time after the drawdown
is completed. The replacement recreational flow releases will occur during the same
calendar year as originally scheduled. An Annual Recreational Flow Schedule
Planning meeting will be held each March (see Section 3.2 of the relicensing Final
Agreement) and contingency dates for make -up releases can be identified at that
time.
4. Avoid Falling Below the Critical Flows — To the extent practical, the Licensee will
avoid falling below any of the Critical Flows as noted above. If it is determined that
100 percent exceedance of the Critical Flows cannot reasonably be achieved, the
Licensee will work with the resource agencies to (a) monitor any potential aquatic
species impacts in the affected stream segments and (b) replace any aquatic
species mortalities that are identified. The Licensee will also work with any affected
Large Water Intake Owners and Downstream Effluent Dischargers to minimize the
impacts of the reduced flow releases.
5. Avoid Falling Below Critical Reservoir Elevations — To the extent practical, the
Licensee will avoid falling below any of the Critical Reservoir Elevations as noted
above. If it is determined that 100 percent exceedance of the Critical Reservoir
Elevations cannot reasonably be achieved, the Licensee will work with any affected
Large Water Intake Owners to minimize the impacts of the drawdown.
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Communication with Resource Agencies and Affected Parties
Abnormal Condition E.1 — Reservoir Drawdown (Planned)
Notification
Consultation
Comments
NCDENR
For developments in NC (including Wylie). Provide notification and
FERC
NCWRC
consult as soon as approximate dates are determined (typically
USFWS
months in advance), but at least 10 days prior to beginning
drawdown.
SCDNR
For developments in SC. Provide notification and consult as soon as
FERC
SCDHEC
approximate dates are determined (typically months in advance), but
USFWS
at least 10 days prior to beginning drawdown.
NCSHPO
SCSHPO
Consult in the event of a Large Extended Drawdown as soon as
CIN
approximate dates are determined (typically months in advance), but
EBCI
at least 10 days prior to beginning drawdown.
AW
Consult at least 10 days prior to beginning drawdown if it will affect
the prescribed recreational flow releases.
Large Water Intake
Owners
If the drawdown will go below Critical Reservoir Elevations that affect
the operations of a Large Water Intake located in a reservoir or will
Downstream
cause flow releases to drop below Critical Flows supporting Large
Effluent
Water Intakes or Downstream Effluent Dischargers, the Licensee will
Dischargers'
consult with the owner of the intake or discharge facility as soon as
approximate dates are known (typically months in advance), but at
least 10 days prior to beginning the drawdown.
Access Area
The Licensee will conduct notification procedures for any temporary
Closure
recreation facility /Access Area closures (e.g., closure due to
Notification
extended low reservoir levels) in accordance with the Recreation
Management Plan.
As soon as possible after the Licensee determines that the response
to an abnormal condition will potentially impact license conditions,
General
the Licensee will add appropriate messages to its public information
Web site and its reservoir level toll -free phone system to inform the
general public.
Note 1 — If affected by the reservoir drawdown.
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Catawba - Wateree Project (FERC No. 2232)
Comprehensive Relicensing Agreement
Abnormal Condition E.2 — Reservoir Drawdown (Unplanned)
Mitigating Actions
Alternative Means to Provide Minimum Flows — If the drawdown cannot avoid
impacting minimum flows for aquatic habitat, water quality, navigation or downstream
water uses, then the Licensee will endeavor in good faith to provide some or all of
the missed minimum flows in the affected stream reaches. This can be accomplished
by using the generating equipment, spill gates or leakage at the developments for
flows required downstream of the powerhouses. Note that it would be a very
unusual occurrence to not have any generating units or spill devices available at
these sites for flows required downstream of powerhouses.
2. Replacing Recreational Flow Releases — If the reservoir drawdown impacts normally
scheduled recreational flows, then the Licensee will endeavor in good faith to replace
some or all of the missed recreational flows. This can be accomplished by providing
replacement flow releases at the Oxford Development, the Wylie Development, and
the Fishing Creek Development (for the Great Falls Bypassed Reaches) through the
use of spillway gates. The preferred method at all of the developments is to
schedule replacement recreational flow releases for another time after the drawdown
is completed. The replacement recreational flow releases will occur during the same
calendar year as originally scheduled. An Annual Recreational Flow Schedule
Planning meeting will be held each March (see Section 3.2 of the relicensing Final
Agreement) and contingency dates for make -up releases can be identified at that
time.
3. Avoid Falling Below the Critical Flows — To the extent practical, the Licensee will
avoid falling below any of the Critical Flows as noted above. If it is determined that
100 percent exceedance of the Critical Flows cannot reasonably be achieved, the
Licensee will work with the resource agencies to (a) monitor any potential aquatic
species impacts in the affected stream segments and (b) replace any aquatic
species mortalities that are identified. The Licensee will also work with any affected
Large Water Intake Owners and Downstream Effluent Dischargers to minimize the
impacts of the reduced flow releases.
4. Avoid Falling Below Critical Reservoir Elevations — To the extent practical, the
Licensee will avoid falling below any of the Critical Reservoir Elevations as noted
above. If it is determined that 100 percent exceedance of the Critical Reservoir
Elevations cannot reasonably be achieved, the Licensee will work with any affected
Large Water Intake Owners to minimize the impacts of the drawdown.
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Catawba - Wateree Project (FERC No. 2232)
Comprehensive Relicensing Agreement
Communication with Resource Agencies and Affected Parties
Abnormal Condition E.2 — Reservoir Drawdown (Unplanned)
Notification
Consultation
Comments
FERC
NCDENR
NCDENR
NCWRC
NCWRC
USFWS
USFWS
For developments in NC (including Wylie). If the drawdown cannot
Large Water Intake
avoid impacting minimum flows for aquatic habitat, water quality or
Large Water
Owners '
downstream water uses, perform notification as soon as possible,
Intake Owners'
but no longer than 5 days after the drawdown begins. Begin
Downstream
consultation within 10 days after the drawdown begins.
Downstream
Effluent
Dischargers'
Dischargers'
FERC
SCDNR
SCDNR
SCDHEC
SCDHEC
USFWS
USFWS
For developments in SC. If the drawdown cannot avoid impacting
Large Water Intake
minimum flows for aquatic habitat, water quality, navigation or
Large Water
Owners '
downstream water uses, perform notification as soon as possible,
Intake Owners'
but no longer than 5 days after the drawdown begins. Begin
Downstream
consultation within 10 days after the drawdown begins.
Downstream
Effluent
Dischargers'
Dischargers'
USBIA
USBIA
If the drawdown affects releases from the Wylie Development,
CIN
CIN
notify as soon as possible, but no longer than 5 days after the
drawdown begins. Begin consultation within 10 days after the
drawdown begins.
AW
AW
Notify (within 5 days) and consult as soon as possible if the
drawdown will affect prescribed recreational flow releases.
Access Area
The Licensee will conduct notification procedures for any
Closure
temporary recreation facility /Access Area closures (e.g., closure
Notification
due to extended low reservoir levels) in accordance with the
Recreation Management Plan.
As soon as possible after the Licensee determines that the
response to an abnormal condition will potentially impact license
General
conditions, the Licensee will add appropriate messages to its
public information Web site and its reservoir level toll -free phone
system to inform the general public.
Note 1 — If affected by the drawdown.
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Catawba - Wateree Project (FERC No. 2232)
Comprehensive Relicensing Agreement
Abnormal Condition F — Special River Access Circumstances
Mitigating Actions
1. Scheduling — To the extent practical, the Licensee will 1) avoid scheduling Special
River Access Circumstances that would impact the ability of the Licensee to release
flows for aquatic habitat, water quality, navigation, recreation or downstream water
uses and 2) avoid scheduling during Peak Recreation Season.
2. Replacing Recreational Flow Releases — If scheduling Special River Access impacts
normally scheduled recreational flows, then the Licensee will endeavor in good faith
to replace some or all of the missed recreational flows. This can be accomplished by
providing replacement flow releases at the Oxford Development, the Wylie
Development, and the Fishing Creek Development (for the Great Falls Bypassed
Reaches) through the use of spillway gates. The preferred method at all of the
developments is to schedule replacement recreational flow releases for another time
after the Special River Access Circumstance is completed. The replacement
recreational flow releases will occur during the same calendar year as originally
scheduled. An Annual Recreational Flow Schedule Planning meeting will be held
each March (see Section 3.2 of the relicensing Final Agreement) and contingency
dates for make -up releases can be identified at that time.
3. Avoid Falling Below the Critical Flows — To the extent practical, the Licensee will
avoid falling below any of the Critical Flows as noted above. If it is determined that
100 percent exceedance of the Critical Flows cannot reasonably be achieved, the
Licensee will work with the resource agencies to (a) monitor any potential aquatic
species impacts in the affected stream segments and (b) replace any aquatic
species mortalities that are identified. The Licensee will also work with any affected
Large Water Intake Owners and Downstream Effluent Dischargers to minimize the
impacts of the reduced flow releases.
4. Avoid Falling Below Critical Reservoir Elevations — To the extent practical, the
Licensee will avoid falling below any of the Critical Reservoir Elevations as noted
above. If it is determined that 100 percent exceedance of the Critical Reservoir
Elevations cannot reasonably be achieved, the Licensee will work with any affected
Large Water Intake Owners to minimize the impacts of the drawdown.
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Comprehensive Relicensing Agreement
Communication with Resource Agencies and Affected Parties
Abnormal Condition F — Special River Access Circumstances
Notification
Consultation
Comments
NCDENR
NCWRC
USFWS
For developments in NC (including Wylie). If the circumstances
cannot avoid impacting minimum flows for aquatic habitat, water
Large Water Intake
quality, navigation, recreation or downstream water uses, initiate
FERC
Owners'
consultation as soon as soon as the dates are known, but at least
10 days prior to beginning the temporary flow alteration. Initiate
Downstream
consultation for unplanned river access within 5 days after the
Effluent
temporary flow alteration.
Dischargers'
SCDNR
SCDHEC
USFWS
For developments in SC. If the circumstances cannot avoid
impacting minimum flows for aquatic habitat, water quality,
Large Water Intake
navigation, recreation or downstream water uses, initiate
FERC
Owners'
consultation as soon as soon as the dates are known, but at least
10 days prior to beginning the temporary flow alteration. Initiate
Downstream
consultation for unplanned river access within 5 days after the
Effluent
temporary flow alteration.
Dischargers'
If the flow modifications for the planned River Access affect flow
USBIA
releases from the Wylie Development, initiate consultation as soon
CIN
as the dates are known but at least 10 days prior to beginning the
temporary flow modification. Initiate consultation for unplanned
river access within 5 days after the temporary flow alteration.
AW
AW
Notify (within 5 days) and consult as soon as possible if the
drawdown will affect prescribed recreational flow releases.
Access Area
The Licensee will conduct notification procedures for any
Closure
temporary recreation facility /Access Area closures (e.g., closure
Notification
due to extended low reservoir levels) in accordance with the
Recreation Management Plan.
As soon as possible after the Licensee determines that the
response to an abnormal condition will potentially impact license
General
conditions, the Licensee will add appropriate messages to its
public information Web site and its reservoir level toll -free phone
system to inform the general public.
Note 1 — If affected by Special River Access Circumstances.
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Abnormal Condition G — Expected or Existing High Inflow Event
Mitigating Actions
As outlined in the Key Facts and Definitions section of this protocol, the Licensee
may reduce reservoir levels significantly below the Normal Minimum Elevation, but
not below the Critical Reservoir Elevations in preparation for high inflow events to
minimize the potential for uncontrolled spilling. Reservoir levels may also rise
significantly above Normal Maximum Elevations as a result of high inflow events.
The reservoir levels may be below Normal Minimum Elevations or above Normal
Maximum Elevations for as long as necessary to minimize the effects of uncontrolled
spilling on the Project reservoirs and downstream river reaches and to minimize
reservoir elevations during high inflow events.
mmunication with Resource Aaencies and Affected Parties
Abnormal Condition G — Expected or Existing High Inflow Event
Notification
Consultation
Comments
FERC
NCDENR
For developments in NC (including Wylie). The Licensee will perform
NCWRC
notification as soon as possible following or prior to a deviation from
USFWS
license requirements for an existing or expected high inflow event.
FERC
SCDNR
For developments in SC. The Licensee will perform notification as
SCDHEC
soon as possible following or prior to a deviation from license
USFWS
requirements for an existing or expected high inflow event.
The Licensee will conduct notification procedures for any temporary
Access Area
recreation facility /Access Area closures (e.g., closure due to
Closure
extended low or high reservoir levels) in accordance with the
Notification
Recreation Management Plan.
As soon as possible after the Licensee determines that the response
to an abnormal condition will potentially impact license conditions,
General
the Licensee will add appropriate messages to its public information
Web site and its reservoir level toll -free phone system to inform the
general public.
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APPENDIX E: DEFINITIONS
1. 401 Water Quality Certification — the certification required under 33 U.S.C. §1341
and applicable state law.
2. Access Area Improvement Initiative — an established program where the Licensee
leases access areas and / or islands that it owns (typically at a nominal cost) to tribal
entities, governmental entities or commercial vendors so the lessees can develop
and manage public recreation facilities on the leased Licensee -owned land.
3. Accretion Flows — flow in a regulated river reach or bypassed reach due to inflow
coming from the portion of the watershed that is downstream of the dam that
regulates river flow.
4. Agreement — this Comprehensive Relicensing Agreement (also referred to as the
"Final Agreement "), including the Recitals, Resource Agreements, General
Agreements and Procedures, and all Appendices.
5. Annual License — a common term referring to an order issued by the FERC granting
the existing licensee the right and obligation to continue operating a hydro project for
an additional year under the terms and conditions of the license that is in place for
the project at that time. Annual licenses are used by the FERC in cases where the
new license will not be issued before the existing license for the project expires.
Annual licenses are therefore simple extensions of the current or existing license and
are not considered new licenses.
6. Best Efficiency Point — the point in the flow continuum of a hydro unit at which the
unit produces the most energy output per unit volume of water.
7. Bypassed Reach — a river section that is downstream of a Project dam that typically
has substantially less water flow than it would have in its natural state. Note that
bypassed reaches do not receive the flow releases from operation of the
hydroelectric stations.
8. Catawba - Wateree Hydro Project — a hydroelectric project (also referred to simply as
the "Project ") located on the Catawba and Wateree rivers and their tributaries in
North Carolina and South Carolina. The Project consists of eleven hydroelectric
developments, each having a reservoir formed by one or more dams and one or
more hydroelectric stations. The Project is operated pursuant to a license issued by
the FERC (FERC Project No. 2232).
9. Critical Flows — the minimum flow releases from the hydro developments that may be
necessary to:
a. prevent long -term or irreversible damage to aquatic communities consistent with
the resource management goals and objectives for the affected stream reaches;
b. provide some basic level of operability for Large Water Intakes located on the
affected stream reaches; and,
c. provide some basic level of water quality maintenance in the affected stream
reaches.
10. Critical Reservoir Elevation — Unless it is otherwise stated as applying only to a
specific intake or type of intake, the Critical Reservoir Elevation is the highest level of
water in a reservoir (measured in feet above Mean Sea Level (msl) or feet relative to
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the full pond contour with 100.0 ft. corresponding to full pond) below which any Large
Water Intake used for Public Water Supply or industrial uses, or any regional power
plant intake located on the reservoir will not operate at its Licensee - approved
capacity.
11. Debitage — a waste byproduct of tool manufacture (e.g., chips and flakes of stone).
12. Diadromous Fish Species — fish species that spend a portion of their lives in
freshwater and a portion in saltwater and therefore must migrate to complete their
lifecycle. Diadromous fish include both anadromous fish (i.e., fish that spend most of
their lives in saltwater, returning to freshwater to spawn) as well as catadromous fish
(i.e., fish that spend most of their lives in freshwater, returning to saltwater to spawn).
13. Drought Response Plan — a written plan, including any necessary ordinances,
prepared by a water user (e.g., water and sewer district) that describes how the
water user will reduce their overall consumption of water during periods of drought.
These plans typically require water consumption reductions in stages with identified
trigger points for implementing the various stages, actions to be taken and reduction
goals for each stage.
14. Emergency Action Plan — a plan developed by the Licensee that defines certain dam
safety related conditions and identifies the communications actions the Licensee will
take if those conditions are reached.
15. Existing License — the license document as issued to Duke Power for the Catawba -
Wateree Hydro Project (FERC Project No. 2232) on September 17, 1958 and
including all license amendments that have occurred since that time and also
including any annual license(s). The Existing License is effectively a contract
between the Licensee and the FERC that provides requirements relative to the
Licensee's operation of the Catawba - Wateree Hydro Project through the license
expiration date (i.e., August 31, 2008 unless extended by an annual license(s)).
16. FERC Form 80 Reports — Hydro project licensees must submit a Form 80 report
every 6 years. Each Form 80 must describe a project's recreation facilities and the
level of public use of these facilities. The FERC uses the information from these
forms to: inventory the recreational facilities located at licensed projects; ascertain
whether projects are meeting the public's recreation needs; and, identify where
additional efforts should be made to meet future needs.
17. FERC Public Safety Plan — a written plan, prepared by the Licensee and submitted
to the FERC for acceptance, that describes the protection and warning devices (e.g.,
fencing, signage, lighting, visible and audible alarms, etc.) that the Licensee has or
will put in place to warn and protect the public from hazards associated with hydro
project facilities.
18. Flow and Water Quality Implementation Plan (FWQIP) — the written plan (see
Appendix L) that the Licensee will implement in accordance with the New License
describing any physical modifications needed at Project facilities in order to provide
required instream flows and meet applicable water quality regulations. This plan will
include a detailed construction schedule as well as schedules for any interim flow
and dissolved oxygen enhancements, is attached to this Agreement and will be
further developed in consultation with the applicable resource agencies, and will be
filed with the FERC for approval within a specified time period following the FERC's
issuance of the New License and the closure of all rehearing and administrative
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challenge periods related to water quantity (including Project flow releases and
reservoir levels) and water quality.
19. Historic Hydroelectric Structures — Catawba - Wateree Hydro Project structures (i.e.,
dams, powerhouses, etc.) that are determined to be Historic Properties.
20. Historic Property — any prehistoric or historic district, site, building, structure, or
object included in or eligible for inclusion in the National Register of Historic Places.
21. Historic Properties Management Plan — a written plan that considers and manages
the effects of hydro project operations on Historic Properties.
22. Hydroelectric Development — the collective reference to the hydroelectric project
works (i.e., dam(s), reservoir, hydro powerhouse) associated with a reservoir. [Note:
The Catawba - Wateree Hydroelectric Project has eleven hydroelectric
developments].
23. Inconsistent Act — any action by a Jurisdictional Body that increases the burden upon
or cost or risk to a Party substantially beyond the burden, cost, or risk assumed by
the Party in this Agreement, or deprives a Party of a substantial benefit promised by
another Party in this Agreement, such as by relieving another Party of a substantial
bargained -for obligation.
24. Jurisdictional Body — any governmental body which has the authority to prevent
implementation of, or to require that specific steps be followed prior to implementing
any part of this Agreement or to require activities that result in an Inconsistent Act.
25. Large Extended Drawdown — any drawdown of a Project reservoir that will expose
substantial lakebed areas for an extended period of time that are not normally
exposed during the year. For the purposes of this document, a large extended
drawdown is any drawdown that is expected to maintain lake elevation for at least 30
consecutive days at levels that are at least five feet below the lowest Normal
Minimum Elevation for that reservoir.
26. Large Water Intake — any water intake (e.g., public water supply, industrial,
agricultural, power plant, etc.) having a maximum instantaneous capacity greater
than or equal to one Million Gallons per Day (MGD) that withdraws water from the
Catawba - Wateree River Basin.
27. L Forms — sets of FERC standard license articles, also known as "L" form articles,
applicable to licenses. The FERC maintains 18 different sets of standard articles with
anywhere from 15 to 37 individual articles in each set. The set applied to any
particular license is based on project size and location and whether the project is
constructed or un- constructed.
28. Licensee — the entity holding a hydroelectric project's operating license from the
FERC at any given time. As of October 2006, the Licensee for the Catawba - Wateree
Hydro Project (FERC No. 2232) is Duke Energy Carolinas, LLC.
29. Low Inflow Period — any period when net inflow to the Project reservoirs is not
sufficient to meet the normal water demands while maintaining Remaining Usable
Storage in the reservoir system at or above seasonal target levels.
30. Low Inflow Protocol (LIP) — the written protocol (see Appendix C: Low Inflow
Protocol) that provides procedures for how the Project will be operated by the
Licensee and how other water users should respond during low inflow periods. The
LIP was developed on the basis that all parties with interests in water quantity will
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Comprehensive Relicensing Agreement
reduce their water consumption as needed and therefore share the responsibility of
conserving the limited water supply. The LIP also identifies communications
channels to help coordinate between water users.
31. Maintenance and Emergency Protocol — the written protocol (see Appendix D:
Maintenance and Emergency Protocol) which defines the most likely emergency,
equipment failure, maintenance and other abnormal situations, identifies the
potentially affected license conditions, and outlines the general approach the
Licensee will take to mitigate the impacts to license conditions and to communicate
with the resource agencies and affected parties.
32. Minimum Average Daily Flow — the minimum amount of water (in cfs) that must
normally be released from a hydroelectric development, averaged over the 24 -hr
period that begins at midnight on Day 1 and ends at midnight on Day 2. Minimum
Average Daily Flow amounts include the combination of all leakage, spillage and
hydro generation from a given hydroelectric development. [Note: Deviations from
Minimum Average Daily Flow requirements may be allowed when responding to
abnormal conditions under the Low Inflow Protocol or the Maintenance and
Emergency Protocol.]
33. Minimum Continuous Flow — the minimum amount of water (in cfs) that must
normally be released from a hydro development continuously. Minimum Continuous
Flow amounts include the combination of all leakage, spillage and hydro generation
from a given hydro development. [Note: Deviations from Minimum Continuous Flow
requirements may be allowed when responding to abnormal conditions under the
Low Inflow Protocol or the Maintenance and Emergency Protocol.]
34. Net Inflow — The cumulative inflow into a reservoir, expressed in acre -feet (ac -ft) per
month. Net inflow is the sum of tributary stream flow, inflow from upstream hydro
development releases (where applicable), groundwater inflow, precipitation falling on
the reservoir surface, land surface runoff, and on- reservoir point- source return flows,
less the sum of on- reservoir water withdrawals, groundwater recharge, hydro
development flow releases, evaporation, and other factors.
35. New License — the license document that will be issued to the Licensee by the FERC
to replace the Existing License and will provide requirements relative to the
Licensee's operation of the Catawba - Wateree Hydroelectric Project through the term
of the New License, including any extension periods of the New License as may be
granted by the FERC through annual licenses.
36. Normal Full Pond Elevation — also referred to simply as "full pond," this is the level of
a reservoir that corresponds to the point at which water would first begin to spill from
the reservoir's dam(s) if the Licensee took no action. This level corresponds to the
lowest point along the top of the spillway (including flashboards) for reservoirs
without floodgates and to the lowest point along the top of the floodgates for
reservoirs that have floodgates. To avoid confusion among the many reservoirs the
Licensee operates, it has adopted the practice of referring to the Full Pond Elevation
for all of its reservoirs as equal to 100.0 ft. relative.
37. Normal Maximum Elevation — the level of a reservoir (measured in feet above Mean
Sea Level (MSL) or feet relative to the full pond contour with 100.0 ft. corresponding
to full pond) that defines the top of the reservoir's Normal Operating Range for a
given day of the year. If inflows and outflows to the reservoir are kept within some
reasonable range of the average or expected amounts, hydroelectric project
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equipment is operating properly, and no protocols for abnormal conditions have been
implemented, reservoir level excursions above the Normal Maximum Elevation
should not occur.
38. Normal Minimum Elevation — the level of a reservoir (measured in feet above Mean
Sea Level (MSL) or feet relative to the full pond contour with 100.0 ft. corresponding
to full pond) that defines the bottom of the reservoir's Normal Operating Range for a
given day of the year. If inflows and outflows to the reservoir are kept within some
reasonable range of the average or expected amounts, hydroelectric project
equipment is operating properly and no protocols for abnormal conditions have been
implemented, reservoir level excursions below the Normal Minimum Elevation should
not occur.
39. Normal Operating Range for Reservoir Levels — the band of reservoir levels within
which the Licensee normally attempts to maintain a given reservoir that it operates
on a given day. Each reservoir has its own specific Normal Operating Range, and
that range is bounded by a Normal Maximum Elevation and a Normal Minimum
Elevation. If inflows and outflows to the reservoir are kept within some reasonable
range of the average or expected amounts, hydro project equipment is operating
properly and no protocols for abnormal conditions have been implemented, reservoir
level excursions outside of the Normal Operating Range should not occur.
40. Normal Target Elevation — The level of a reservoir (measured in feet above Mean
Sea Level (msl) or feet relative to the full pond contour with 100.0 ft corresponding to
full pond) that the Licensee will endeavor in good faith to achieve, unless operating in
the Low Inflow Protocol, the Maintenance and Emergency Protocol, the Spring
Reservoir Level Stabilization Program (Lakes James, Norman, Wylie and Wateree
only), a Spring Stable Flow Period (Lake Wateree only) or a Floodplain Inundation
Period (Lake Wateree only). Since inflows vary significantly and outflow demands
also vary, the Licensee will not always be able to maintain actual reservoir level at
the Normal Target Elevation. The Normal Target Elevation falls within the Normal
Operating Range, but it is not always the average of the Normal Minimum Elevation
and the Normal Maximum Elevation.
41. Party or Parties — the entities listed in Parties and Designated Representatives
(Appendix B); provided their duly authorized representatives sign this Agreement.
42. Peak Recreation Season — the period when recreation use on Project reservoirs is
generally at the highest levels, identified by the Recreation Use and Needs Study as
extending from April 1St through September 30t ".
43. Project — the Catawba - Wateree Project, a hydroelectric project located on the
Catawba and Wateree rivers and their tributaries in North Carolina and South
Carolina. The Project consists of eleven hydroelectric developments, each having a
reservoir formed by one or more dams and one or more hydroelectric stations. The
Project is operated pursuant to a license issued by the FERC (FERC Project No.
2232).
44. Project Boundaries — the area surrounding hydroelectric project facilities and
features necessary to operate the Project as delineated in Exhibit G or K of the
FERC license.
45. Proposed License Articles — the terms and conditions set forth in Appendix A of this
Agreement that the Parties recommend that the FERC should include, without
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Comprehensive Relicensing Agreement
material modification, in the New License to be issued to the Licensee for the
continued operation of the Project.
46. Public Water Supply — any water delivery system owned and /or operated by any
governmental or private entity that utilizes waters from the Catawba - Wateree River
Basin for the public interest including drinking water; residential, commercial,
industrial, and institutional uses; irrigation, and /or other public uses.
47. Reclaimed Water — Wastewater that has been treated to reclaimed water standards
and is re -used for a designated purpose (e.g. industrial process, irrigation).
48. Recreation Management Plan — the written plan that the Licensee will develop in
accordance with the New License to provide detailed, site - specific descriptions of
public recreation facility design, construction, operation and maintenance. This plan
will include an annual construction plan and schedule and will be developed in
consultation with the applicable resource agencies and other entities. This Plan will
be filed with the FERC for approval within a specified time period following the
FERC's issuance of the New License.
49. Regulated River Reach — any river section downstream of a hydroelectric station that
has its flows altered (i.e., "regulated ") by the operation of the hydroelectric station.
50. Remaining Usable Storage — the sum of the Project's volume of water expressed in
acre -feet (ac -ft) contained between each reservoir's Critical Reservoir Elevation and
the actual reservoir elevation at any given point in time.
51. River Mile — the location of a point of interest measured in miles along the centerline
of the river with the RM starting at the confluence of the Wateree and Congaree
rivers (RM 0.0) and ascending upstream.
52. Shoreline Management Guidelines — the written document that contains conditions
and limitations required for certain types of access to the Project's shoreline
properties, and also guidelines designed to meet the Licensee's regulatory
requirements, protect the Licensee's hydroelectric generation interests, protect the
scenic, cultural and environmental values of the Project's shoreline property, provide
recreational benefits to the general public, and provide a guide to adjacent property
owners on permitted uses of Project properties. The Shoreline Management
Guidelines are often provided as additional information within the Shoreline
Management Plan and provide permitting criteria that are applied on a site - specific
basis.
53. Shoreline Management Plan — a written document that provides guidance to the
Licensee for implementing a comprehensive lake use permitting program to manage
uses of lands and waters within the FERC Project Boundaries. Components of the
Shoreline Management Plan may include but are not limited to programmatic
agreements for addressing specific issues, maps depicting classifications of the
shoreline of each reservoir, and lake use permitting restrictions associated with each
classification.
54. Special Status Species — collective reference to federally listed or state listed Rare,
Threatened and Endangered (RTE) species as well as species listed as Special
Concern Species.
55. Species Protection Plan — a written document that identifies actions needed to
protect critical habitat for Rare, Threatened or Endangered Species that are related
to hydroelectric project operations under Section 7 of the Endangered Species Act.
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Catawba - Wateree Project (FERC No. 2232)
Comprehensive Relicensing Agreement
56. Spring Reservoir Level Stabilization Program — program that the Licensee operates
on Lakes James, Norman, Wylie and Wateree to support fish spawning in the
reservoirs by limiting water depth fluctuations during the primary spawning season.
57. Storage Index — the ratio, expressed in percent, of Remaining Usable Storage to
Total Usable Storage at any given point in time.
58. Tailrace — the river or reservoir reach immediately downstream of a hydroelectric
station.
59. Target Storage Index — the ratio of Remaining Usable Storage to Total Usable
Storage based on the Project reservoirs being at their Normal Target Elevations.
60. Total Usable Storage — the sum of the Project's volume of water expressed in acre -
feet (ac -ft) contained between each reservoir's Critical Reservoir Elevation and the
Full Pond Elevation.
61. Traditional Cultural Properties — Historic Properties of traditional religious and
cultural importance to an Indian tribe.
62. U.S. Drought Monitor — a synthesis of multiple indices, outlooks, and news accounts
that represents a consensus of federal and academic scientists concerning the
drought status of all parts of the United States. Typically, the U.S. Drought Monitor
indicates intensity of drought as DO- Abnormally Dry, D1- Moderate, D2- Severe, D3-
Extreme, and D4- Exceptional.
63. U.S. Drought Monitor Three -Month Numeric Average — if the U.S. Drought Monitor
has a reading of DO -D4 as of the last day of the previous month for any part of the
Catawba - Wateree River Basin that drains to Lake Wateree, the Basin will be
assigned a numeric value for the current month. The numeric value will equal the
highest Drought Monitor designation (e.g., DO = 0, D4 = 4) as of the last day of the
previous month that existed for any part of the Catawba - Wateree River Basin that
drains to Lake Wateree. A normal condition in the Basin, defined as the absence of
a Drought Monitor designation, would be assigned a numeric value of negative one (-
1). A running average numeric value of the current month and the previous two
months will be monitored and designated as the U.S. Drought Monitor Three -Month
Numeric Average.
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APPENDIX F: WATER QUALITY MONITORING PLAN (WQMP)
[Replace this with WQMP]
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APPENDIX G: ABBREVIATIONS AND ACRONYMS
OF — Degrees Fahrenheit
401 WQC — 401 Water Quality
Certification
AA — Access Area
AAII — Access Area Improvement
Initiative
ac — acre(s)
ADA — Americans with Disabilities Act
AG — Advisory Group
AIP — Agreement -in- Principle
AW — American Whitewater Affiliation
BMP — Best Management Practices
CCC — Carolina Canoe Club
cfs — cubic feet per second
CHEOPS — Computer Hydroelectric
Operations System
CIN — Catawba Indian Nation
CMU — Charlotte Mecklenburg Utilities
CRE — Critical Reservoir Elevation
CW — Catawba - Wateree
CW -DMAG — Catawba - Wateree
Drought Management Advisory
Group
dbh — diameter at breast height (re:
trees)
DCZ — Downstream Clear Zone
DE -LS — Duke Energy Lake Services
DMAG — Drought Management Advisory
Group
DO — Dissolved Oxygen
DOT — Department of Transportation
EA — Environmental Assessment
EAP — Emergency Action Plan
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EBCI — Eastern Band of Cherokee
Indians
EIS — Environmental Impact Statement
ESA — Endangered Species Act
FA — Final Agreement
FAC — Final Agreement Committee
FACC — Final Agreement Conversion
Committee
FERC — Federal Energy Regulatory
Commission
FPA — Federal Power Act
ft. — feet
FWQIP — Flow and Water Quality
Implementation Plan
GFHA — Great Falls Hometown
Association
GIS — Geographic Information System
HEP — Habitat Enhancement Program
HP — Historic Properties
hp — horsepower
HPMP — Historic Properties
Management Plan
IBT — Inter -Basin Transfer
IMZ — Impact Minimization Zone
IVR — Interactive Voice Response
LIC — Low Inflow Condition
LiDAR
— Light Detection and Ranging
LIP — Low Inflow Protocol
LUPS
— Lake Use Policy Statements
LWA —
Lake Wateree Association
MADF
— Minimum Average Daily Flow
MCF —
Minimum Continuous Flow
MEP —
Maintenance and Emergency
Protocol

Catawba - Wateree Project (FERC No. 2232)
Comprehensive Relicensing Agreement
MGD or mgd — million gallons per day
MOU — Memorandum of Understanding
MSL — Mean Sea Level
Mt. — Mount or Mountain
Mtn. — Mountain
NA (or N /A) — not applicable
NCDENR — North Carolina Department
of Environment and Natural
Resources
NCDFR — North Carolina Division of
Forest Resources
NCDPR — North Carolina Division of
Parks and Recreation
NCDWQ — North Carolina Division of
Water Quality
NCDWR — North Carolina Division of
Water Resources
NCWRC — North Carolina Wildlife
Resources Commission
NGO — non - governmental organization
NMFS — National Marine Fisheries
Service
NPDES — National Pollution Discharge
Elimination System
NRHP — National Register of Historic
Places
O &M — Operation and Maintenance
PA — Programmatic Agreement
PWC — Personal Watercraft
QAPP — Quality Assurance Project Plan
RC — Resource Committee
RM — River Mile
RMP — Recreational Management Plan
RRCC — Robust Redhorse Conservation
Committee
RTE — Rare, Threatened or Endangered
Species
RUNS — Recreation Use and Needs
Study
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RUS — Remaining Usable Storage
RV — Recreational Vehicle
SCDAH — South Carolina Department of
Archives and History
SCDHEC — South Carolina Department
of Health and Environmental Control
SCDNR — South Carolina Department of
Natural Resources
SCDPRT — South Carolina Department
of Parks, Recreation and Tourism
SCE &G — South Carolina Electric & Gas
SCIAA — South Carolina Institute of
Archaeology and Anthropology
SHPO — State Historic Preservation
Office
SI — Storage Index
SMG — Shoreline Management
Guidelines
SMP — Shoreline Management Plan
SOC — System Operating Center
SRT — State Relicensing Team
TBD — to be determined
TCC — Transmission Control Center
TCP — Traditional Cultural Properties
THPO —Tribal Historic Preservation
Office
TMDL — Total Maximum Daily Load
TPM — True Public Marina
T(S /A) — Threatened (Similarity of
Appearance) Species
TSI — Target Storage Index
TUS — Total Usable Storage
USBIA — United States Bureau of Indian
Affairs
UNCRLA — University of North Carolina
Research Laboratory of Archaeology
USEPA — United States Environmental
Protection Agency

Catawba - Wateree Project (FERC No. 2232)
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USFS — United States Forest Service
USFWS — United States Fish and
Wildlife Service
USGS — United States Geological
Survey
WARP — Wateree Archaeological
Research Program
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WHOA — Wateree Homeowners
Association (Fairfield County
organization)
WMG — Catawba - Wateree Basin Water
Management Group
WQMP —Water Quality Monitoring Plan

Catawba - Wateree Project (FERC No. 2232)
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APPENDIX H: CURRENT AND PROJECTED (YEAR 2058)
WATER WITHDRAWALS AND RETURNS
Water Supply Summary - Estimated Current Withdrawals and Returns
Location
User
Descrip-
tion
withdrawal
Flow
(mgd)
Return
Flow
(mgd)
Net Flow
(mgd)
Total IBT
(mgd)
Mean River
Flow
(mgd)
James - T
PWS
1.5
0.5
1.0
0.0
Industrial
1.0
1.7
(0.7)
0.0
Ag. /Irr.
7.1
7.1
0.0
0.0
Lake James
Power
0.0
0.0
0.0
0.0
437
Ag. /Irr.
1.7
0.0
1.7
0.0
Lake James Total
11.3
9.3
2.0
0.0
Rhodhiss - T
PWS
0.0
3.4
(3.4)
0.0
Industrial
0.0
0.8
(0.8)
0.0
Lake Rhodhiss
PWS
21.4
9.1
12.3
0.0
1,138
Ag. /Irr.
4.5
0.9
3.6
0.0
Lake Rhodhiss Total
25.9
14.2
11.7
0.0
Hickory - T
PWS
0.0
1.6
(1.6)
0.0
Lake Hickory
PWS
16.9
4.3
12.6
0.0
1,307
Industrial
0.0
0.1
(0.1)
0.0
Ag. /Irr.
1.2
0.0
1.2
0.0
Lake Hickory Total
18.1
6.0
12.1
0.0
Lookout Shoals - T
PWS
0.0
0.5
(0.5)
0.0
Industrial
0.0
0.3
(0.3)
0.0
Lookout Shoals Lake
PWS
0.0
0.0
0.0
0.0
1,415
Ag. /Irr.
1.2
0.0
1.2
0.0
Lookout Shoals Lake Total
1.2
0.8
0.4
0.0
Norman - T
PWS
0.0
1.7
(1.7)
0.0
Lake Norman
PWS
20.7
0.3
20.4
4.0
1,677
Power
36.4
0.0
36.4
0.0
Ag. /Irr.
2.8
0.0
2.8
0.0
Lake Norman Total
59.9
2.0
57.9
4.0
Mountain Island - T
PWS
0.0
5.9
(5.9)
0.0
Mountain Island Lake
PWS
97.7
0.0
97.7
9.0
1,730
Power
2.5
0.0
2.5
0.0
Ag. /Irr.
0.8
0.0
0.8
0.0
Mountain Island Lake Total
101.0
5.9
95.1
9.0
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Water Supply Summary - Estimated Current Withdrawals and Returns
Location
User
Descrip-
tion
withdrawal
Flow
(mgd)
Return
Flow
(mgd)
Net Flow
(mgd)
Total IBT
(mgd)
Mean River
Flow
(mgd)
Wylie - T
PWS
11.8
25.2
(13.4)
0.0
Industrial
1.8
3.0
(1.2)
0.0
Lake Wylie
PWS
15.4
4.8
10.6
0.0
2,623
Industrial
12.9
11.7
1.2
0.0
Power
41.9
0.0
41.9
0.0
Ag. /Irr.
8.5
0.0
8.5
0.0
Lake Wylie Total
92.3
44.7
47.6
0.0
Fishing Creek - T
PWS
0.0
88.1
(88.1)
0.0
Fishing Creek Reservoir
PWS
15.0
2.6
12.4
5.0
3,153
Industrial
79.5
73.9
5.6
0.0
Ag. /Irr.
8.2
0.0
8.2
0.0
Fishing Creek Reservoir Total
102.7
164.6
(61.9)
5.0
Great Falls - T
PWS
0.0
1.0
(1.0)
(1.0)
Great Falls Reservoir
Ag. /Irr.
1.4
0.0
1.4
0.0
3,346
Great Falls Reservoir Total
1.4
1.0
0.4
(1.0)
Cedar Creek - T
PWS
0.0
0.9
(0.9)
0.0
Cedar Creek Reservoir
Ag. /Irr.
0.6
0.0
0.6
0.0
3,519
Cedar Creek Reservoir Total
0.6
0.9
(0.3)
0.0
Wateree - T
-
0.0
Lake Wateree
PWS
4.5
0.0
4.5
0.0
3,778
Power
0.0
0.0
0.0
Ag. /Irr.
1.2
0.0
1.2
0.0
Lake Wateree Total
5.1
0.9
4.2
0.0
Project Total
420.1
249.4
170.7
17.0
Notes
1. T= Tributary; PWS - Public Water Supply Systems
2. Inter -Basin Transfer (IBT) estimates are subjective and based on limited available data. IBTs are defined as the
transfer of surface water withdrawn from anywhere within the Catawba - Wateree River Basin from a watershed that drains to
one of the Projects reservoirs to a surface water return in a watershed outside of the Catawba - Wateree River Basin
3. Catawba riverine sections considered as reservoir flows
4. Mean River Flows from First Stage Consultation Document
5. Withdrawal flows indicated for Power users are actually net withdrawals (i.e. withdrawal - return)
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Water Supply Summary - Projected (Year 2058) Withdrawals and Returns
Location
User
Descrip-
tion
withdrawal
Flow
(mgd)
Return
Flow
(mgd)
Net
Outflow
(mgd)
TotaIIBT
(mgd)
Mean River
Flow
(mgd)
James - T
PWS
3.8
2.3
1.5
0.0
Industrial
2.7
5.0
(2.3)
0.0
Ag. /Irr.
7.1
7.1
0.0
0.0
Lake James
Power
15.3
0.0
15.3
0.0
437
Ag. /Irr.
4.9
0.0
4.9
0.0
Lake James Total
33.8
14.4
19.4
0.0
Rhodhiss - T
PWS
0.0
5.6
(5.6)
0.0
Industrial
0.0
1.6
(1.6)
0.0
Lake Rhodhiss
PWS
35.5
15.3
20.2
0.0
1,138
Ag. /Irr.
7.9
0.9
7.0
0.0
Lake Rhodhiss Total
43.4
23.4
20.0
0.0
Hickory - T
PWS
0.0
2.5
(2.5)
0.0
Lake Hickory
PWS
41.4
13.5
27.9
0.0
1,307
Industrial
0.0
0.3
(0.3)
0.0
Ag. /Irr.
2.9
0.0
2.9
0.0
Lake Hickory Total
44.3
16.3
28.0
0.0
Lookout Shoals - T
PWS
0.0
1.1
(1.1)
0.0
Industrial
0.0
0.3
(0.3)
0.0
Lookout Shoals Lake
PWS
9.0
0.0
9.0
9.0
1,415
Ag. /Irr.
3.2
0.0
3.2
0.0
Lookout Shoals Lake Total
12.2
1.4
10.8
9.0
Norman - T
PWS
0.0
3.5
(3.5)
0.0
Lake Norman
PWS
112.0
0.6
111.4
61.0
1,677
Power
62.5
0.0
62.5
0.0
Ag. /Irr.
4.6
0.0
4.6
0.0
Lake Norman Total
179.1
4.1
175.0
61.0
Mountain Island - T
PWS
0.0
18.2
(18.2)
0.0
Mountain Island Lake
PWS
219.9
0.0
219.9
15.0
1,730
Power
2.5
0.0
2.5
0.0
Ag ./I rr.
1.1
0.0
1.1
0.0
Mountain Island Lake Total
223.5
18.2
205.3
15.0
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Water Supply Summary - Projected (Year 2058) Withdrawals and Returns
Location
User
Descrip-
tion
withdrawal
Flow
(mgd)
Return
Flow
(mgd)
Net
outflow
(mgd)
(mgd)
Mean River
Flow
Flow
(mgd)
Wylie - T
PWS
23.1
58.9
(35.8)
0.0
Industrial
4.8
3.5
1.3
0.0
Lake Wylie
PWS
45.0
12.3
32.7
0.0
2,623
Industrial
15.4
14.2
1.2
0.0
Power
53.0
0.0
53.0
0.0
Ag. /Irr.
14.0
0.0
14.0
0.0
Lake Wylie Total
155.3
88.9
66.4
0.0
Fishing Creek - T
PWS
0.0
177.1
(177.1)
0.0
Fishing Creek Reservoir
PWS
66.3
4.0
62.3
23.0
3,153
Industrial
117.8
109.9
7.9
0.0
Ag. /Irr.
10.9
0.0
10.9
0.0
Fishing Creek Reservoir Total
195.0
291.0
(96.0)
23.0
Great Falls - T
PWS
0.0
9.1
(9.1)
(5.0)
Great Falls Reservoir
Ag. /Irr.
2.3
0.0
2.3
0.0
3,346
Great Falls Reservoir Total
2.3
9.1
(6.8)
(5.0)
Cedar Creek - T
PWS
0.0
3.4
(3.4)
0.0
Cedar Creek Reservoir
Ag. /Irr.
0.9
0.0
0.9
0.0
3,519
Cedar Creek Reservoir Total
0.9
3.4
(2.5)
0.0
Wateree - T
-
0.0
Lake Wateree
PWS
14.4
0.0
14.4
0.0
3,778
Power
39.7
0.0
39.7
0.0
Ag. /Irr.
1.7
0.0
1.7
0.0
Lake Wateree Total
55.8
0.0
55.8
0.0
Project Total
945.6
470.2
475.4
103.0
Notes
1. T= Tributary; PWS - Public Water Supply Systems
2. Inter -Basin Transfer (IBT) estimates are subjective and based on limited available data. IBTs are defined as the
transfer of surface water withdrawn from anywhere within the Catawba - Wateree River Basin from a watershed that drains to
one of the Project's reservoirs to a surface water return in a watershed outside of the Catawba - Wateree River Basin
3. Catawba riverine sections considered as reservoir flows
4. Mean River Flows from First Stage Consultation Document
5. Withdrawal flows indicated for Power users are actually net withdrawals (i.e. withdrawal - return)
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APPENDIX I: CATAWBA - WATEREE PUBLIC RECREATION
AMENITIES AND OTHER KEY LAND AREAS
CD to be inserted
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APPENDIX J: SHORELINE MANAGEMENT PLAN (SMP)
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TEMPLATE
APPENDIX K: TEMPLATE FOR A MEMORANDUM OF
UNDERSTANDING BETWEEN THE LICENSEE AND STATES,
COUNTIES, AND MUNICIPALITIES
Memorandum of Understanding
Between Duke Energy Carolinas, LLC
and the
States, Counties, and Municipalities
Adjoining the Catawba - Wateree Hydro Project (FERC No. 2232)
I. PARTIES
This Memorandum of Understanding (MOU) is made and entered into by and
between {State / County / Municipality },
bordered by the Catawba - Wateree Hydro Project No. 2232 (the" Project "); hereafter
referred to as the "Governmental Entity "; and Duke Energy Carolinas, LLC ( "Duke ")
Collectively, the Governmental Entity and Duke are hereinafter referred to as the
"Parties ".
II. PURPOSE
To promote coordination of activities to the mutual benefit of the Parties of this
MOU, the public being served by the Parties and the Project's resource values.
III. SCOPE OF WORK
Duke operates the Project under a license from the Federal Energy Regulatory
Commission (FERC) and the license includes, among other things, the responsibility for
Duke to manage uses of Project lands and waters. The Governmental Entity also has
certain responsibilities to manage land and /or water uses either within or adjoining the
FERC Project Boundaries.
Duke and the Governmental Entity desire to provide an effective means to
coordinate their land and /or water management responsibilities including: 1) availability
and sharing of data associated with the Project, 2) reservoir buffer monitoring and
enforcement activities, 3) lake use permitting review, and 4) land use and zoning
considerations in the protection and enhancement of the Project and adjoining lands
within each Party's jurisdiction.
A. Data Availability
The Parties agree to allow the mutual sharing of data to the greatest extent
possible and subject to any mutually agreed -upon reservations. The various types and
formats for data may be modified from time to time, but typically involve non - proprietary
public data such as, but not limited to: 1) Shoreline Management Plan Maps (GIS); 2)
County tax parcels (GIS coverages); 3) Duke aerial photography; 4) Light Detection and
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Catawba - Wateree Project (FERC No. 2232)
Comprehensive Relicensing Agreement
TEMPLATE
Ranging (LiDAR) contours; 5) Project wetlands mapping data layers; 6) Hydro Licensing
Land Committee publicly - available data layers and 7) other similar data.
B. Lake Mon itorina /Enforcement Activities
The Parties agree to support the management of the shoreline and upland
buffer by coordinating buffer monitoring and enforcement activities. Duke will provide
additional buffer monitoring capabilities to enhance the existing monitoring conducted by
the Governmental Entity. The Governmental Entity will provide Duke the most current
buffer regulations for the Governmental Entity's jurisdiction. Duke will provide this
information to its appropriate Lake Services Representatives ( "Reps ") for the particular
region. The Reps will become familiar with the basic requirements of the regulations.
During routine lake use permitting surveillance activities, the Reps will note any potential
buffer violations and report the location and nature of the activity to the appropriate
Governmental Entity within three (3) business days of noting the activity.
Likewise, Duke will provide the Governmental Entity its most current Shoreline
Management Guidelines (SMG) with the expectation that any Governmental Entity will
notify Duke within a similar timeframe (i.e., 3 business days) of any potential SMG
violation within the Project Boundaries (full pond contour MSL) of a particular reservoir.
Duke will document this interaction by tabulating the number of reported incidents, to
whom reports were provided and when, and the nature of the potential violation.
The Parties further agree to coordinate and support each other's enforcement
activities (as allowed by state regulation or county / municipal ordinance). In addition
Duke will withhold review of any pending or future permitting activities for the property in
question until all buffer, sedimentation /erosion control and SMG violation issues are
resolved or a remedial action plan, satisfactory to the affected Parties, is accepted.
Coordination of these enforcement activities will be in the form of e -mail or fax
notification. See Attachment A {to be developed when the MOU is finalized} for a listing
of the specific contacts within Duke and the Governmental Entity.
C. Lake Use Permittina Review
The Parties also agree to coordinate and support each other's permit review
processes for activities within the Project Boundaries. Duke will continue to require, as
part of its SMG criteria that all facility construction, stabilization, and /or excavation
activities comply with all applicable local, state and federal regulations. Duke will
coordinate with the Governmental Entity to develop a mutually satisfactory protocol to
notify one another that authorization has been granted or denied. Typically, this will
involve all lake use permit applicants being directed by Duke to contact the appropriate
Governmental Entity for review and any required authorizations prior to Duke accepting
a lake use permit application as complete. Also, for the benefit of the lake use permit
applicant and those Governmental Entities involved in permit review, Duke will require
lake use permit applicants to include copies of any required building permits or other
authorization documentations in its applications. This verification can be provided by
either the applicant or the Governmental Entity.
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Catawba - Wateree Project (FERC No. 2232) TEMPLATE
Comprehensive Relicensing Agreement
D. Land Use and Zoning Considerations
While the Shoreline Management Plan (SMP) classification maps and
associated lake use restrictions provide a function similar to zoning in considering future
uses of shoreline areas within the FERC Project Boundaries, they are not intended to be
a substitute for or directly tied to local land use and zoning plans. Local land use and
zoning plans are typically more restrictive and tailored to the conditions that exist in a
very specific location. Additionally, local land use and zoning plans often include a
mechanism that provides some degree of flexibility for modification to meet specific
circumstances. Because of this fact, and the fact that the SMP classifications and lake
use restrictions are determined and implemented based on Project specific conditions,
and have little or no flexibility to modify the future uses without FERC review and
approval, the SMP classifications may not be consistent with local land use plans and
zoning. It is critical to understand that although there may be instances of inconsistency
between the two, the SMP classifications do not supersede or alter the authority and
effectiveness of the local plans.
The Parties agree that considerable effort has been invested in the
development and implementation of local land use and zoning plans. Further, these
plans should not be superseded by other entities that may require less restriction
associated with a particular use. To continue to reinforce the effectiveness and
implementation of these local plans, Duke agrees to not issue a permit for activities in
conflict with local plans, provided Duke is made aware of the conflict by the
Governmental Entity. Additionally, Duke will not interfere with implementation of the local
plans, by either supporting a position by a lake use permit applicant that is contrary to
the allowed use under the local plans or by circumventing an established permit review
protocol as identified in the Lake Use Permitting Review section of this MOU or the
requirements of the SMG that require all lake use permit applicants to comply with all
applicable local, state, and federal regulations.
IV. MUTUAL AGREEMENTS
{Specific detailed protocols will be developed on an individual basis with the
Parties at the time of negotiating a final Memorandum of Understanding. This
will allow flexibility in assuring each individual Memorandum of Understanding
will more adequately meet the needs of all Parties.}
It is mutually agreed by all Parties to this MOU that:
A. The Parties will review the effectiveness of the MOU after the first year and
every ten years beginning in 2008 and evaluate potential modifications that
more adequately address the purpose of this MOU.
B. The Parties will work in partnership to promote the MOU, and its benefits to the
Project and community, in discussions with other resource management
agencies, adjoining property owners, land developers, governments, elected
officials, non - governmental organizations, and the general public.
C. Duke, within the limits of its permitting authority, will support implementation
and enforcement by the Governmental Entity of regulations within and adjacent
to the FERC Project Boundaries, including but not limited to sedimentation and
erosion control, buffer creation /maintenance /restoration, and land use planning
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Catawba - Wateree Project (FERC No. 2232)
Comprehensive Relicensing Agreement
TEMPLATE
and zoning, but Duke will not as part of this MOU directly implement and
enforce any regulation except as specifically identified in this MOU or as
required by law.
D. Should the Governmental Entity desire to create and develop a visioning or
long -range planning process related to the overall character of the reservoir
area and future development within and adjacent to the FERC Project
Boundaries, then Duke will participate in, but not lead, that effort.
E. In the event that a Party no longer approves implementation of any of the
provisions referenced in this MOU, the individual Party and Duke agree to
promptly confer to determine what, if any, modifications to this MOU should be
made to address the issue(s) of concern.
F. In the event that a Party no longer desires to be a part of this MOU or any
modification(s), then the individual Party and Duke in their sole discretion may
terminate their relationship within this MOU. Written notice must be provided by
the Party desiring to withdraw from the MOU at least thirty days prior to
termination.
G. Each Party agrees that it will be responsible for its own acts and the results
thereof and shall not be responsible for the acts of the other Party and the
results thereof. Each Party, therefore, agrees that it will assume all risk and
liability to itself, its agents or employees, for any injury to persons or property
resulting in any manner from the conduct of its own operations, and the
operation of its agents or employees under this MOU, for any loss, cost,
damage, or expense resulting at any time from any and all causes due to any
act or acts, negligence, or the failure to exercise proper precautions, of or by
itself or its agents or its own employees, while occupying or visiting the
premises under and pursuant to the MOU.
H. The terms of the MOU will apply to the following reservoirs of the Catawba -
Wateree Project No. 2232 even if any of the associated hydro developments
are included in different FERC licenses:
{List applicable reservoir names.}
I. This MOU will terminate with the expiration of the New License unless the
Parties agree to renew this MOU, but no Party is obligated to renew.
V. FUNCTIONS
{Specific detailed protocols will be developed on an individual basis with the
Parties at the time of negotiating a final Memorandum of Understanding. This
will allow flexibility in assuring each individual Memorandum of Understanding
will more adequately meet the needs of all Parties. This could include such
items as coordinated permit review based on buffer regulations,
sedimentation /erosion control and other regulations.}
A. Duke Energy Carolinas, LLC
Duke agrees to:
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Catawba - Wateree Project (FERC No. 2232) TEMPLATE
Comprehensive Relicensing Agreement
B. The Governmental Entity
The Governmental Entity agrees to:
VI. SIGNATURES
IN WITNESS WHEREOF, the Parties hereto have executed this MOU as of the
last written date below.
Governmental Entity
(Printed Name of Signer)
(Signature)
(Title)
(Date)
Duke Energy Carolinas, LLC
(Printed Name of Signer)
(Signature)
(Title)
(Date)
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Catawba - Wateree Project (FERC No. 2232)
Comprehensive Relicensing Agreement
(intentionally blank)
C -W CRA Sig Copy (Rev 1) 10 -20 -06 K - 6
TEMPLATE

Catawba - Wateree Project (FERC No. 2232)
Comprehensive Relicensing Agreement
APPENDIX L: FLOW AND WATER QUALITY IMPLEMENTATION PLAN (FWQIP)
The Flow and Water Quality Implementation Plan (FWQIP) table that follows presents an outline of:
• A site - specific list of measures that the Licensee will take for providing aquatic flows, recreation flows and for
meeting the applicable water quality standards;
• A schedule for when these measures will be implemented; and
• A schedule for any interim measures that will be taken to address flow releases or dissolved oxygen (DO)
improvements prior to completing the necessary physical modifications to the Project.
Dates are subject to change due to items beyond the Licensee's control such as materials availability, manufacturing
capacity, transportation schedules and installation contractor availability. The Licensee will however make every
reasonable effort in its planning and implementation to minimize the chance of delays in this schedule.
C -W CRA Sig Copy (Rev 1) 10 -20 -06 L - 1
Timeframe for
Timeframe for
Operational Change to
Completing Physical
Implement Flows and /or
Modifications and
Interim Measures for Providing
Enhance DO where No
Physical Modifications
Implementing Flows
Aquatic Flow and /or DO
Physical Modifications
Proposed to Meet Flow
and /or DO
Enhancement until Physical
Location
are Anticipated
and /or DO Requirements
Enhancements
Modifications are Complete
(Note 7)
(Note 8)
(Note 1)
(Notes 3, 7)
Bridgewater Development (Notes 2, 4, 6)
15 months following
New flow valve with
FERC approval of FWQIP
Catawba Dam
N/A
aerating capability
to be coordinated with the
None
Bridgewater Dam
Upgrade Project
New Powerhouse with
2010 (subject to schedule
Linville Dam
N/A
aerating capability on all
and FERC approvals
None
units or flow valve system
related to Bridgewater
(Note 2)
Dam Upgrade Project).
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Catawba - Wateree Project (FERC No. 2232)
Comprehensive Relicensing Agreement
Location
Rhodhiss Dam &
Powerhouse
Oxford Dam
Timeframe for
Operational Change to
Implement Flows and /or
Enhance DO where No
Physical Modifications
are Anticipated
(Note 7)
N/A
N/A
Physical Modifications
Proposed to Meet Flow
and /or DO Requirements
(Note 8)
Timeframe for
Completing Physical
Modifications and
Implementing Flows
and /or DO
Enhancements
(Note 1)
Rhodhiss Development
New aerating runner on
Unit 3
48 months following
FERC approval of the
FWQIP
Oxford Development
- New flow valve with
aerating capability
- New aerating runner on
one existing unit
-19 months following
FERC approval of FWQIP
- 36 months following
FERC approval of FWQIP
Lookout Shoals Development
Interim Measures for Providing
Aquatic Flow and /or DO
Enhancement until Physical
Modifications are Complete
(Notes 3, 7)
Beginning within 60 days after the date
of closure of the New License, when
DO is below state standards, operate
units with existing stay vanes and
vacuum breaker aeration (two units) on
a first -on, last -off hierarchy whenever
the station is being operated for flow
release, reservoir level control, or
generation.
Beginning within 60 days following the
date of closure of the New License,
raise a flood gate during periods of no
generation to release and aerate the
Minimum Continuous Flow.
Beginning within 60 days
following the date of
closure of the New
License, operate existing
vacuum breakers (three
units) as needed to meet
Lookout Shoals state standards for DO N/A N/A N/A
Powerhouse while monitoring Oxford
DO carry -over benefits. If
necessary, add aerating
capacity to auxiliary units.
Operate existing large or
auxiliary units as needed
to provide minimum flow.
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Catawba - Wateree Project (FERC No. 2232)
Comprehensive Relicensing Agreement
C -W CRA Sig Copy (Rev 1) 10 -20 -06 L - 3
Timeframe for
Timeframe for
Operational Change to
Completing Physical
Implement Flows and /or
Modifications and
Interim Measures for Providing
Enhance DO where No
Physical Modifications
Implementing Flows
Aquatic Flow and /or DO
Physical Modifications
Proposed to Meet Flow
and /or DO
Enhancement until Physical
Location
are Anticipated
and /or DO Requirements
Enhancements
Modifications are Complete
(Note 7)
(Note 8)
(Note 1)
(Notes 3, 7)
Cowans Ford Development
Beginning within 60 days
following the date of
Cowans Ford
closure of the New
Powerhouse & Dam
License, operate existing
N/A
N/A
N/A
units as needed. No flow
or DO enhancements are
needed.
Mountain Island Development (Note 5)
Beginning within 60 days
following the date of
closure of the New
Mountain Island
License, operate existing
N/A
N/A
N/A
Powerhouse & Dam
stay vane aeration units
as needed. No flow or DO
enhancements are
needed.
Wylie Development
Beginning within 60 days following the
date of closure of the New License,
pulse an existing unit 1 hr on, 2 hrs off
Replace one existing
during periods when at least 1 unit is
hydro unit with a smaller
30 months following
not running continuously. When DO is
Wylie Powerhouse
N/A
unit with aerating
FERC approval of FWQIP
below state standards, operate two
capability
existing units with hub - venting
capability on a first -on, last -off hierarchy
whenever the station is being operated
for flow release, reservoir level control
or generation.
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Catawba - Wateree Project (FERC No. 2232)
Comprehensive Relicensing Agreement
C -W CRA Sig Copy (Rev 1) 10 -20 -06 L - 4
Timeframe for
Timeframe for
Operational Change to
Completing Physical
Implement Flows and /or
Modifications and
Interim Measures for Providing
Enhance DO where No
Physical Modifications
Implementing Flows
Aquatic Flow and /or DO
Physical Modifications
Proposed to Meet Flow
and /or DO
Enhancement until Physical
Location
are Anticipated
and /or DO Requirements
Enhancements
Modifications are Complete
(Note 7)
(Note 8)
(Note 1)
(Notes 3, 7)
Fishing Creek Development
Beginning within 60 days
following the date of
closure of the New
Fishing Creek
License, operate existing
N/A
N/A
N/A
Powerhouse & Dam
stay vanes (two units) and
hub venting (one unit) as
needed to meet state
standards for DO.
Great Falls — Dearborn Development
Great Falls Diversion
N/A
Combination
notches /gates and/ or
21 months following
None
Dam (Long Bypass)
bladder dam
FERC approval of FWQIP
Beginning within 60 days following the
Great Falls
Combination existing trash
21 months following
date of closure of the New License,
Headworks (Short
N/A
gate and /or bladder dam
FERC approval of FWQIP
provide as close as possible to the
Bypass)
prescribed aquatic flows via the existing
trash gate.
Beginning within 60 days
following the date of
closure of the New
License, operate existing
Dearborn Powerhouse
vacuum breakers (three
N/A
N/A
N/A
units) as needed to meet
state standards for DO
while monitoring Fishing
Creek DO carry-over
benefits.
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Catawba - Wateree Project (FERC No. 2232)
Comprehensive Relicensing Agreement
Location
Timeframe for
Operational Change to
Implement Flows and /or
Enhance DO where No
Physical Modifications
are Anticipated
(Note 7)
Physical Modifications
Proposed to Meet Flow
and /or DO Requirements
(Note 8)
Timeframe for
Completing Physical
Modifications and
Implementing Flows
and /or DO
Enhancements
(Note 1)
Rocky Creek — Cedar Creek Development
Interim Measures for Providing
Aquatic Flow and /or DO
Enhancement until Physical
Modifications are Complete
(Notes 3, 7)
Beginning within 60 days
following the date of
closure of the New
License, operate existing
Cedar Creek hub venting capability
Powerhouse & Dam (three units) as needed to N/A N/A N/A
meet state standards for
DO while monitoring the
benefit of continuous
flows through Great Falls
Bypassed Reaches.
Wateree Powerhouse
Beginning within 60 days
following the date of
closure of the New
License, operate existing
hydro units as necessary
to provide downstream
flow requirement. Also
operate existing units with
auto - venting capability as
needed to meet state
standards for DO.
Wateree Development
Replace one existing
hydro unit with a smaller
unit with aerating
capability
30 months following
FERC approval of FWQIP
Beginning within 60 days following the
date of closure of the New License,
approximate minimum continuous flows
by (1) pulsing an existing unit 1 hr on, 2
hrs off from May 16 thru Feb 14 during
periods when at least 1 unit is not
running continuously and (2) running an
existing hydro unit continuously from
Feb 15 thru May 15. When DO is
below state standards, operate existing
units with auto - venting capability on a
first -on, last off hierarchy whenever the
station is being operated for flow
release, reservoir level control or
generation.
Notes:
1. The FWQIP will be filed with NCDWQ and SCDHEC during the 401 Water Quality Certification processes as the recommended flow and water
quality implementation plan. NCDWQ and SCDHEC will take the recommended FWQIP under advisement and will approve and /or modify the
FWQIP in the 401 Water Quality Certification. The FERC must then approve the FWQIP before the Licensee can begin construction at any
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Catawba - Wateree Project (FERC No. 2232)
Comprehensive Relicensing Agreement
location, except for Bridgewater (see Note 2 below). Also, since the FERC approval order for the FWQIP can substantially modify the Licensee's
proposed FWQIP, the Licensee will not contract for the manufacture or installation of large capital cost items until FERC approval is obtained.
2. At Bridgewater, retirement of the existing powerhouse and its replacement with a new powerhouse (or flow valve system) is being performed as
part of the ongoing Bridgewater Dam Upgrade Project, and FERC approval will be obtained in conjunction with that project. The Licensee's final
decision on replacing the existing powerhouse with a new powerhouse or a flow valve system may not be made until after the application for a
New License is filed with the FERC. Regardless of the alternative chosen, the new facilities will be designed to provide the prescribed flows and
meet the applicable state water quality standards.
3. The interim measures will be implemented as indicated except when the Licensee is operating under the Low Inflow Protocol (LIP) or the
Maintenance and Emergency Protocol (MEP).
4. Paddy Creek Bypassed Reach: No flow releases are proposed in the Paddy Creek Bypassed Reach. Parties to this Agreement agree to
recommend the mitigation package as presented in Section 4.0 of this Agreement in lieu of flow releases into the Paddy Creek Bypassed Reach
for consideration by the NCDWQ and the FERC in the 401 Water Quality Certification process and the license issuance process, respectively.
5. Mountain Island Bypassed Reach: No flow releases are proposed in the Mountain Island Bypassed Reach. Parties to this Agreement agree to
recommend the mitigation package as presented in Section 4.0 of this Agreement in lieu of flow releases into the Mountain Island Bypassed
Reach for consideration by the NCDWQ and the FERC in the 401 Water Quality Certification process and the license issuance process,
respectively.
6. The Licensee will consult with the resource agencies during further development of the FWQIP to discuss options for reducing resource impacts
during any periods of reduced flow associated with the Bridgewater Dam Upgrade Project.
7. For the purpose of this Appendix L only, "date of closure for the New License" will mean the first day following the issuance of the New License
and the closure or all rehearing and administrative challenge periods related to water quantity, including Project flow releases and reservoir
levels, and water quality.
8. If a state water quality agency requires equipment modifications in addition to those listed in this Appendix L to assure compliance with
applicable state water quality standards for Dissolved Oxygen (DO), the fact that such modifications are not currently specified in this Appendix L
does not render those modifications inconsistent with this Agreement pursuant to Section 21.0. However, any equipment modifications
necessary to assure compliance with any other applicable state water quality standard or any other regulatory requirements to provide flow
releases, and /or reservoir levels other than the flow releases and reservoir levels specified in this Agreement may be inconsistent with this
Agreement and may be subject to review pursuant to the provisions of Section 21.0.
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Catawba - Wateree Project (FERC No. 2232)
Comprehensive Relicensing Agreement
APPENDIX M: FLOW, GROUNDWATER AND WATER QUALITY MONITOR SUMMARY
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Installation
Calibration
Installation
Component
Purpose
Device
Cos
Annual O &M
Installed by
and
Installation
and Mainte-
Type
btyaid
Costs Paid by
Mainte-
Date
nance
nance by
Assured by
USGS Gage
Low Inflow
#02137727
Protocol (LIP)
(Catawba River
Licensee
Streamflow
and High Inflow
near Pleasant
N/A
N/A
USGS
N/A (existing)
New
Gages
Protocol (HIP)
Gardens, NC)
(existing)
(currently paid
(existing)
License
monitoring
located upstream
by Licensee)
of the Bridgewater
Development.
USGS Gage
Low Inflow
#02140991 (Johns
Licensee
Streamflow
Protocol (LIP)
River at Arney's
N/A
N/A
New
Gages
and High Inflow
Store, NC) located
(existing)
(currently paid
(existing)
USGS
N/A (existing)
License
Protocol (HIP)
upstream of the
by Licensee)
monitoring
Rhodhiss
Development.
USGS Gage
#02145000 (South
Low Inflow
Fork Catawba
Protocol (LIP)
River at Lowell,
Licensee
Streamflow
and High Inflow
NC) located on the
N/A
N/A
USGS
N/A (existing)
New
Gages
Protocol (HIP)
South Fork of the
(existing)
(currently paid
(existing)
License
monitoring
Catawba River
by Licensee)
upstream of the
Wylie
Development
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Catawba - Wateree Project (FERC No. 2232)
Comprehensive Relicensing Agreement
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Installation
Calibration
Installation
Component
Purpose
Device
Cos
Annual O &M
Installed by
and
Installation
and Mainte-
Type
btyaid
Costs Paid by
Mainte-
Date
nance
nance by
Assured by
USGS Gage
Low Inflow
#02147500 (Rocky
Licensee
Protocol (LIP)
Creek at Great
Streamflow
and High Inflow
Falls, SC) located
N/A
(Not currently
N/A
USGS
N/A (existing)
New
Gages
Protocol (HIP)
upstream of the
(existing)
paid by
(existing)
License
monitoring
Great Falls-
Licensee)
Dearborn
Development
New USGS gage
12 months
Ensure a ready
to be located
after FERC
source of public
between the
approval of
Streamflow
information on
Linville Dam and
FWQIP
New
Gages
river flows and
the confluence of
Licensee
Licensee
USGS
USGS
pending
License
verify hydro flow
the Linville River
USGS
release
and Catawba
availability to
compliance.
River.
site, design
and install.
Ensure a ready
USGS Gage
source of public
#02146000
information on
(Catawba River
Licensee
Streamflow
river flows and
near Rock Hill, SC)
N/A
N/A
USGS
N/A (existing)
New
Gages
verify hydro flow
located
(existing)
(currently paid
(existing)
License
release
downstream of the
by Licensee)
compliance.
Wylie
Wylie
Development.
Ensure a ready
USGS Gage
source of public
#02148000
information on
( Wateree River
Licensee
Streamflow
river flows and
near Camden, SC)
N/A
N/A
USGS
N/A (existing)
New
Gages
verify hydro flow
located
(existing)
(currently paid
(existing)
License
release
downstream of the
by Licensee)
compliance.
Wateree
Development.
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Catawba - Wateree Project (FERC No. 2232)
Comprehensive Relicensing Agreement
C -W CRA Sig Copy (Rev 1) 10 -20 -06 M - 3
Installation
Calibration
Installation
Component
Purpose
Device
Cos
Annual O &M
Installed by
and
Installation
and Mainte-
Type
btyaid
Costs Paid by
Mainte-
Date
nance
nance by
Assured by
Include
To be
groundwater
Existing well:
discussed with
Groundwater
data to
USGS Langtree
N/A
Water Mgmt
N/A
Final
Monitors
determine
Peninsula RS Reg.
(existing)
Group and
(existing)
USGS
N/A (existing)
Agreement
recovery from a
well MW -2 & BR
decision by
LIP.
well MW -2D
December 31,
2007
Include
To be
groundwater
discussed with
Groundwater
data to
Existing well:
N/A
Water Mgmt
N/A
Final
Monitors
determine
S L RS
GS L
USGS
(existing)
Group and
(existing)
USGS
N/A (existing)
Agreement
recovery from a
BR well
decision by
LIP.
December 31,
2007
Existing well: NC
To be
To be
Include
DWR Glen Alpine
discussed
discussed with
Deepening to
groundwater
BR well L 76G2
with Water
Water Mgmt
be completed
Groundwater
data to
Mgmt Group
Group and
USGS
USGS
in calendar
Final
Monitors
determine
(Note: This well
and
decision by
year 2009 -
Agreement
recovery from a
needs to be
decision by
December 31,
2012.
LIP.
deepened.)
December
2007
31, 2007
To be
To be
Include
Up to seven new
discussed
discussed with
groundwater
groundwater wells
with Water
Water Mgmt
Calendar
Groundwater
data to
(CW -DMAG to
Mgmt Group
Group and
USGS
USGS
Year 2009 -
Final
Monitors
determine
review and
and
decision by
2012
Agreement
recovery from a
approve)
decision by
December 31,
LIP.
December
2007
31, 2007
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Installation
Calibration
Installation
Component
Purpose
Device
Cos
Annual O &M
Installed by
and
Installation
and Mainte-
Type
btyaid
Costs Paid by
Mainte-
Date
nance
nance by
Assured by
To verify
Project
compliance with
Reservoir
the reservoir
Existing reservoir
N/A
N/A
New
Level
level
level monitors
(existing)
Licensee
(existing)
Licensee
N/A (existing)
License
Monitors
requirements of
the New
License.
12 months
after FERC
approval of
New flow monitors
FWQIP (as
Project Flow
To verify hydro
(Refer to Water
recom-
New
Monitors
flow release
Quality Monitoring
Licensee
Licensee
TBD
TBD
mended to
License
compliance.
Plan, Appendix F.)
and subject
to approval
by NCDWQ,
SCDHEC
and FERC).
12 months
To verify
after FERC
compliance with
approval of
the Clean Water
New water quality
FWQIP
Act, Section
monitors (Refer to
(subject to
Water Quality
401 Water
Water Quality
Licensee
Licensee
TBD
TBD
approval in
New
Monitors
Quality
Monitoring Plan,
NC and SC
License
Certification
Appendix F.)
401 Water
requirements of
Quality
the New
Certifications
License
and by
FERC).
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APPENDIX N: CATAWBA - WATEREE BASIN WATER
MANAGEMENT GROUP (WMG)
1. OVERVIEW
1.1. During the term of the New License for the Catawba - Wateree Hydro Project,
the demands on both the basin's water supply and the Project's storage
capability are anticipated to increase significantly and approach or exceed the
storage limits that the Project can provide during certain drought situations. A
group of voluntary members that identifies, encourages, funds and helps
implement water resource improvements to help preserve, extend, and
enhance the Project's reliability and usefulness to support water withdrawers
and to improve water use efficiency is described in this Appendix N.
2. WATER MANAGEMENT GROUP
2.1. A Water Management Group (Group) will be formed to identify, fund, and
manage projects that will help preserve, extend, and enhance the capabilities of
the Catawba - Wateree River Basin to provide water resources for human needs
(water supply, power production, industry, agriculture, and commerce) while
maintaining the ecological integrity of the waterway.
2.2. Group Purpose: The purpose for forming this Group is to improve
coordination of efforts and the pooling of resources to accomplish the Group's
objectives.
2.3. Group Objectives: The Group's objectives include, but are not limited to, the
following:
2.3.1. Promote water and energy conservation;
2.3.2. Prepare for and manage drought impacts;
2.3.3. Improve water quality;
2.3.4. Enhance the suitability of reservoirs for public water supply and electric
generation;
2.3.5. Address intake and storage security;
2.3.6. Promote best management practices (BMP) for water management; and
2.3.7. Ensure the continued use of the available resource supports human
needs for water.
2.4. Group Activities: The Group's principal activities will include:
2.4.1. Identify projects that further the Group's objectives;
2.4.2. Oversee a Water Management Fund to help implement these projects;
2.4.3. Develop and maintain a running five -year plan of projects, an annual
funding budget, and a member contribution schedule to fund approved
projects;
2.4.4. Manage its projects through appropriate contractual agreements;
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2.4.5. Conduct periodic studies of safe -yield capacity related to public water
supply;
2.4.6. Coordinate with appropriate resource agencies and other interested
parties, including the Drought Management Advisory Group (DMAG),
when the Low Inflow Protocol is reviewed; and
2.4.7. Provide periodic reports and status updates to Members and interested
parties.
3. GROUP MEMBERSHIP
3.1. Eligible Participants: Membership in the Group will be available to the
Licensee and to public water systems that have the installed intake capacity to
withdraw 100,000 gallons per day or more from the Project's reservoirs and /or
regulated river reaches.
Eligible Participants withdrawing one mgd or more as of June 1, 2006, are
shown in Table A.
3.2. Group Members: Group membership is voluntary, and the Group will include
only those Eligible Participants who pay dues to the Group's Fund based on a
dues schedule developed by the Group.
3.3. Member Representation: Each Group Member that withdraws one mgd or
more will be represented by one person identified by the Member. The Eligible
Participants that withdraw less than one mgd and that elect to join the Group
will be represented by one representative from North Carolina and one
representative from South Carolina. These two representatives will be selected
by the Group Members withdrawing one or more mgd and will serve for a term
to be defined in the Group's Charter.
3.4. Members in Good Standing: To be a Member in Good Standing, the Member
must be current in paying its dues, in substantial compliance with any FERC
orders affecting the Project and applicable Licensee easements and permits,
and be engaged in good faith in fulfilling the purpose and objectives of this
agreement, including among other things complying with the Low Inflow
Protocol.
3.5. Representation of Interests: Group Members are expected to represent their
own interests as well as the interests of their customers whether they be end
users or secondary distributors.
3.6. Best - Management- Practices Commitment: Group Members are expected to
make good -faith efforts to design, maintain, and operate their new or expanded
systems consistently with best management practices.
3.7. Licensee Water Withdrawal Fees: Members in Good Standing will not be
assessed water withdrawal fees by the Licensee during the term of the New
License.
3.8. No Waiver of Rights: The Licensee maintains that it has the necessary
authority and rights under state and federal law to assess a fee, consistent with
any contract or other limitations that may be in place, to water withdrawers with
intakes located within the FERC Project Boundaries or with intakes that benefit
from storage provided by Project reservoirs. By participating in this Group,
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other water withdrawers will not be required to concede that the Licensee has
such authority. None of the Group Members including the Licensee waives any
rights relative to the Licensee's authority to charge water withdrawal fees under
state or federal law.
3.9. Membership Additions: An Eligible Participant who initially chooses not to
become a Member may join the Group on the anniversary of the Group's initial
dues contribution date by paying the current year's dues. A Withdrawer who
later becomes an Eligible Participant may join the Group by contributing its
current year's dues, or a pro -rata amount if joining sometime after the dues
payment date anniversary. Additional membership will be decided on by the
Group per Section 8.2 of this Appendix N.
3.10. Member Resignations: Any Member may choose to resign from the Group for
any reason and may do so at any time. However, no dues refunds will be
made.
3.11. Member Expulsion: A Member who fails to make its scheduled dues
contribution within ninety days following the anniversary of its initial dues
payment date will be expelled from the Group. However, the remaining Group
Members may permit up to a six -month total grace period for extenuating
circumstances.
3.12. Resigned Member Reinstatement: Any Member that has resigned may rejoin
the Group on each anniversary of the Group's initial dues payment date by
contributing the current year's dues plus the dues for each year since their
resignation up to three years (four total years maximum). Member
reinstatement will be decided on by the Group per Section 8.2 of this Appendix
N.
3.13. Expelled Member Reinstatement: Any Member who has been expelled may
rejoin the Group on each anniversary of the initial dues payment date by
contributing the current year's dues plus any dues owed when expelled plus the
dues for each year (up to five years) since their expulsion. Member
reinstatement will be decided on by the Group per Section 8.2 of this Appendix
N.
4. CONTRIBUTIONS TO THE WATER MANAGEMENT FUND
4.1. Basis for Dues: The Fund's dues will be apportioned on each Member's gross
withdrawals (mgd) for the previous calendar year plus a 20 percent surcharge
for amounts transferred out of the portion of the Catawba - Wateree River Basin
that drains to Lake Wateree to another river basin. If a Member's withdrawal is
used only for cooling, then that Member's contribution will be based on net
withdrawal. However, certain "credits," as determined by the Group, may also
be allowed. The dues structure is intended to discourage transferring water out
of the Catawba - Wateree River Basin to other river basins without discouraging
reuse of treated wastewater. The dues structure uses gross withdrawal
amounts simply as a means to proportionately share the funding of project
expenditures identified and approved by the Group Members.
4.2. Calculation of Dues: Each Member's annual dues will be calculated by the
following approach. The Member's Apportioned Amount defined below will be
recalculated every five years.
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Member's Annual Dues ($ /yr) _
where:
Total Funds Needed for Year to Support Group's Approved Project List
X [Member's Apportioned Amount]
Member's Apportioned Amount =
[(Member's Gross Withdrawal or Net Cooling Withdrawal) + (0.20
x Member's Wastewater Discharge Outside Basin)]
[(Group's Gross Withdrawal or Net Cooling Withdrawal) + (0.20
x Group's Wastewater Discharge Outside Basin)]
Gross or Net Cooling Withdrawal = Annual Average Daily withdrawal for
the previous calendar year from the Catawba - Wateree River Basin; and,
Wastewater Discharged Outside Basin = Annual Average Daily discharge
for the previous calendar year of treated Catawba - Wateree River Basin
water that is discharged from wastewater treatment plants owned by the
Group Member(s) and /or by others who purchase water from the Group
Member and /or by others who provide wastewater treatment services for
the Group Member(s) to other river basins outside of the portions of the
Catawba - Wateree River Basin that drain to Lake Wateree.
Any treated wastewater that is re -used, whether the re -use takes place inside
the Catawba - Wateree River Basin or outside the Catawba - Wateree River
Basin, is excluded for the purpose of calculating dues.
4.3. First -Year Dues: The dues for the first year will not exceed the dollar amounts
shown in Table A. The proportionate shares of the dues shown in Table A
were based on actual 2005 gross withdrawals (net withdrawals for Member's
whose water use was for cooling water) and wastewater treatment plant
discharges. The proportionate shares for the first five years (2009 -2013) will be
based on these same 2005 withdrawals and discharges although the dues
amounts may change depending on the Group's future decisions on total dues
and the withdrawers that chose to participate in the Group.
4.4. Coordinating with Member Budgeting Cycles: The development of the
annual dues contribution amounts and the timing of the actual dues
contributions will be coordinated with Group Members' budgeting cycles.
4.5. Group Formation: Eligible Participants who are Parties to this Agreement will
form a Convening Committee before or during January 2007 to begin
organizational activities including development of the Group's Charter. In
January 2008, the Licensee will provide its annual dues payment not to exceed
the amount in Table A to support the Group's organization and project planning
activities. In January 2009, all Eligible Participants that choose to be Group
Members will begin paying their annual dues into the Fund in amounts not to
exceed those in Table A and will begin operation of the Group in accordance
with the adopted Group Charter. The Convening Committee will disband in
February 2009, provided their services are no longer required to ensure the
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Group is fully operational. The Licensee will not assess water withdrawal fees
to Eligible Participants prior to January 2009.
5. PROJECT AND BUDGET DETERMINATIONS
5.1. Initial Projects and Dues Schedule: By December 31, 2007, the Convening
Committee will confirm and /or modify the five -year project plan developed
during the Relicensing. The Group will review and adopt the Group's Charter
and the five -year project plan at its first official meeting in January 2009.
5.2. Project Development: Group Members will collectively determine the projects
to address the Group's purpose and objectives, the appropriate funding levels
for the Group, and the required dues for each Member according to the
methodology described in this Appendix N (see Sections 4.1 and 4.2).
5.3. Planning Horizon: Each year the Group will develop a five -year project and
funding plan and a current -year project implementation plan. The five -year
budget and the dues contribution schedule should provide funds to support
regular and ongoing projects as well as to accumulate money reserved for ad
hoc projects that may require several years of accumulated funds to
accomplish.
5.4. Self Assessment: At the end of the first five years after the Group is formed
and every five years thereafter, the Group will conduct a brief written
assessment of its accomplishments in the previous five years.
5.5. Project Recommendations: Project recommendations may be submitted by
individual Group Members or solicited from interested third parties. Third
parties may also present project recommendations to the Group for
consideration.
5.6. Cost - Shared Funding: Special emphasis will be provided for projects that can
take advantage of cost - shared funding to leverage the Fund's budgets.
5.7. Project Restrictions: Funding will not be provided to support any withdrawer's
project that is specifically required by permits or license conditions. However,
projects for individual withdrawers that support the Group's larger objectives will
be considered. For example, modifying an individual withdrawer's intake to
allow it to operate at lower reservoir levels could add storage available to other
Group Members. There is no obligation by the Group to participate in funding
any improvement that benefits only one withdrawer. No funding will be
provided to relieve any Member of its existing responsibilities or to shift costs to
others.
6. MISCELLANEOUS
6.1. Coordinating with Other Entities: The Group will establish approaches to
coordinate basin -wide projects and water supply study updates with resource
agencies as appropriate. The Group will establish approaches to get input from
other interested entities such as Non - Member withdrawers, the Drought
Management Advisory Group, non - governmental organizations, and customers.
6.2. Survival: All the provisions of this Appendix N, which includes Section 3.7
(which prohibits the assessment of water withdrawal fees by the Licensee from
Members in Good Standing during the term of the New License), will continue
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to apply to the Members in Good Standing as long as there is one or more
Members in Good Standing of the Group.
6.3. Good - Faith: All Parties have negotiated in good faith and agree that the terms,
agreement, charter, by -laws and other implementing documents will be
negotiated and implemented in good faith and in accordance with the objectives
of the Agreement -in- Principle, this Agreement, and other related agreements.
6.4. Relationship to Final Agreement: Group Members that are Parties to this
Agreement agree to all the provisions in the relicensing Final Agreement
including the LIP. Group Members that were not eligible to sign the Final
Agreement or that were eligible, but chose not to sign, will be subject to the
terms and conditions of Section 5.0 of the Final Agreement; the Low Inflow
Protocol for the Catawba - Wateree Project, and the Final Agreement's Dispute
Resolution Procedures related to disputes arising in the Group.
7. PROJECTS
The following are the types of potential projects that would be consistent with the
objectives of the Group and do not necessarily list every project type:
7.1. Water and energy conservation
7.1.1. Consumer education on water and energy conservation and drought
issues
7.1.2. Coordination of basin -wide public information and outreach
7.1.3. Support for regional water and energy conservation programs
7.2. Drought preparation and management
7.2.1. Installation and maintenance of streamflow and groundwater gages
needed for drought monitoring.
7.2.2. Sharing information about local ordinances and plans consistent with the
Low Inflow Protocol
7.2.3. Coordinated, basin -wide public information and enforcement systems
7.2.4. Active participation on the Drought Management Advisory Group
7.2.5. Evaluation of inter - system connections that can be used during drought
and low reservoir level conditions
7.3. Improved water quality
7.3.1. Water quality monitoring and modeling
7.3.2. Participation in sedimentation prevention and management
7.3.3. Research and marketing related to water reuse
7.4. Sustained suitability of reservoirs for public water supply and electric generation
7.4.1. Feasibility studies on improvements to reservoir safe yield, water
conservation, and other areas of benefit to water withdrawers
7.4.2. Funding for engineering studies (e.g., safe yield improvement feasibility
studies)
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7.4.3. Evaluation of options to increase intakes' operating ranges relative to
reservoir levels
7.4.4. Participation in management /control of invasive species (fish, mussels,
aquatic weeds, etc.) that threaten water intakes and /or the suitability of
the reservoir for water supply use
7.5. Intake and storage security
7.5.1. Identification of security vulnerabilities for intakes, water storage and
quality, and remedial measures
7.6. Best management practices
7.6.1. Identification and implementation of Best Management Practices (BMP),
BMP audits, BMP training for Members and others
7.6.2. Standards /protocol development of regular self- audits using consistent
methods to identify real water losses
7.6.3. Standards /protocol development of leak detection /prevention programs
when trigger points are reached to reduce real water losses
7.6.4. Progress toward per- capita water consumption goals
8. GROUP AND FUND GOVERNANCE
8.1. Charter: Before or during January 2007, the Convening Committee will meet
to develop a charter defining the governance of both the Group and the Fund.
Important elements of the charter are described in this Section 8. The
Convening Committee may decide to incorporate the Group (e.g., as a
501(c)(3) non - profit organization) and establish bylaws.
8.2. Decisions
8.2.1. Decisions Requiring Consensus: Group decisions that may have
significant impacts on all Members will be made by consensus, meaning
that all Members can "live with" the outcome of the decision; that is, there
is either unanimous support for the decision or at least no opposition from
any Member. Decisions requiring consensus will include:
1. Establishing the Fund's annual target amounts (If consensus cannot
be reached, the Fund's annual target amount will be the previous
year's amount);
2. Establishing the allocation basis and timing of dues contributions; and
3. Disbanding the Group.
8.2.2. Decisions Not Requiring Consensus: The Group will make numerous
decisions not related to topics in the previous section, most notably about
the five -year list of projects, project evaluation criteria, and the contracts
for performing the work.
8.2.2.1. For its Charter, the Group may decide to require a super majority
(e.g., more than two - thirds) for approving projects. Other topics for
super- majority voting include:
1. Determining Member expulsion and /or reinstatement;
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2. Developing or changing the Group's charter or bylaws including the
Group's governance;
3. Determining Eligible Participants; and
4. Determining Members in Good Standing.
8.2.3. The Group may want to develop standard evaluation and scoring criteria
for evaluating projects.
8.2.4. Many decisions will not require "voting" but will be discussed and made
informally. If votes are required for decisions on topics not identified
earlier in this Section 8, simple- majority voting will be used.
8.3. Dispute Resolution: Any disputes including disputes about Members in Good
Standing will be resolved according to the Dispute Resolution Procedure in the
Section 31.0 of the Final Agreement, but participation in such procedures will
only be available to the Members of the WMG.
8.4. Management
8.4.1. Management: The Group will provide for managing the Group's
activities. Some of the important functions of this management are
described in this Section 8.4. The management could be a Group
Member, an existing entity, or a new entity. In identifying management,
the Group will seek to minimize the administrative cost to be covered by
the Fund.
8.4.2. Collections: The management will collect contributions to the Fund
based on the annual dues contribution schedule. Monies collected will be
held in a WMG Fund account.
8.4.3. Distributions and Project Management: The management will manage
contracts with entities completing the Group's projects including making
payments. At a minimum, contracts will include the following:
1. a detailed scope of work statement;
2. schedules for completion of work and disbursement of funds;
3. the funding requirement necessary and available to accomplish the
scope of work;
4. procedures for amending, modifying, or terminating the contract; and
5. Other necessary particulars.
8.4.4. Annual Report: Prior to January 1 of each year, the management will
provide to the Group an accounting of the funds expended during the
previous federal fiscal year.
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Table A: Water Management Group Eligible Participants (> 1 mgd)
Eligible Participant
Source Water
First -Year Dues
Apportioned
(> 1 mgd)
(January 2009) ($)
Amount ( %)
City of Morganton
Catawba River
$14,650
2.66
Town of Granite Falls
Lake Rhodhiss
$2,254
0.41
City of Lenoir
Lake Rhodhiss
$11,684
2.12
Town of Valdese
Lake Rhodhiss
$7,513
1.37
City of Hickory
Lake Hickory
$25,430
4.62
Town of Longview
Lake Hickory
$2,817
0.51
City of Statesville
Lookout Shoals
$8,769
1.59
Lake
Charlotte-
Lake Norman
Mecklenburg Utilities
Mountain Island
$201,529
36.64
Lake
Lincoln County
Lake Norman
$4,571
0.83
Town of Mooresville
Lake Norman
$8,452
1.54
City of Gastonia
Mountain Island
$25,355
4.61
Lake
City of Mount Holly
Mountain Island
$5,635
1.02
Lake
City of Belmont
Lake Wylie
$3,775
0.69
City of Rock Hill
Lake Wylie
$27,609
5.02
Union (NC) and
Lancaster (SC)
Catawba River
$32,661
5.94
Counties
City of Chester Metro
Fishing Creek
$7,963
1.45
Reservoir
City of Camden
Lake Wateree
$5,022
0.91
Lugoff Elgin Water
Lake Wateree
$3,681
0.67
Authority
Lake Norman
Licensee
Mountain Island
$150,630
27.39
Lake
Lake Wylie
TOTALS
$550,000
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APPENDIX O: CONCEPTUAL CONSERVATION EASEMENT
OUTLINE
Width — 100 ft measured horizontally from the top of the stream bank
Term — Perpetual
Holder /Manager of Easement — State or local governmental agency or land trust
Public Access — In North Carolina, to be determined by the joint team process
identified in Paragraph 4.5.2. In South Carolina, public access is
at the sole discretion of the fee - simple owner of the underlying
property.
Prohibited Uses
• Construction of any buildings or structures other than those specifically
identified as an allowable use.
• Any alteration of the surface of the land including dumping, excavation, and
removal of sand, gravel, rock or sod other than activities specifically identified
as an allowable use.
• The alteration of vegetation other than those activities identified as an
allowable use.
• Exploration for, or development or extraction of, minerals and hydrocarbons
by any method.
• Housing, watering, or grazing of livestock.
• Private boat ramps.
Allowable Uses
Access Trails — Pedestrian access trails leading to or following along the surface
water. Pedestrian access trails are restricted to the minimum width practicable and
do not exceed four feet in width of disturbance within the easement area, and
provided that installation and use does not result in removal of trees and no
impervious surfaces are added to the easement area. (Note: Trees are defined as
woody plants with a diameter at breast height (dbh) equal to or exceeding five
inches.)
Drainage Ditches, Roadside Ditches and Stormwater Outfalls — Existing drainage
ditches, roadside ditches and stormwater outfalls provided that they are managed to
minimize the sediment, nutrients, and other pollution that convey to water bodies.
Fences — Fences provided that disturbance is minimized, the movement of wildlife is
not prevented, and installation does not result in removal of trees.
Greenway Trails — Trails that are part of a larger system of publicly accessible
greenways are allowed as long as they do not exceed 10 feet in width of disturbance
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within the easement area, do not include impervious surfaces, and are designed to
ensure diffuse flow of water through the easement area.
Motorized Vehicles — Motorized vehicles are allowed only for management of the
easement area.
Pumps — Pumps for agricultural irrigation or conveying water to holding tanks outside
of the easement area provided that installation and use does not result in the
removal of trees. The pump itself shall not be located within 25 feet of the shoreline.
Stream Bank Stabilization — Stream bank stabilization is allowed only if necessary to
prevent or reduce erosion of the stream bank and subject to the following
requirements.
• Bioengineering techniques are preferred. Where bioengineering is not
feasible, the least hardening techniques feasible for site conditions must be
selected.
• Tree removal must be minimized and generally limited to only those trees that
have already been undercut to some degree or those trees that must be
removed to allow adequate stream bank stabilization.
• Any vegetation disturbed during the stabilization project must be restored to
the extent practicable within six months of initial disturbance.
• Written approval must be obtained from the applicable state agency that
issues water quality certifications under the Clean Water Act and the
easement holder before the stabilization work is initiated. Also, all other
permits and approvals must be obtained.
Roads — Temporary roads that cross tributaries to the Catawba River, Johns River
and Lake Wateree. All temporary roads must meet the forestry Best Management
Practices (BMPs) for the respective state. For purposes of this easement, temporary
roads are roads that are in use for six months or less following their initial
development. The roads must be returned to natural slope to the extent practical and
revegetated within 30 days following the end of their useful life.
Utility Lines — Utility lines may be allowed provided that written approval is obtained
from the applicable state agency that issues water quality certifications under the
Clean Water Act and the easement holder before the construction work is initiated.
Additional mitigation will be required.
Vegetation Management — Planting native vegetation to improve the water quality
protection function of the easement area; pruning forest vegetation provided that the
health and function of the forest vegetation is not compromised; removal of poison
ivy and poison oak; removal of understory nuisance vegetation listed in Appendix III
of: Smith, Cherri L. 1998. Exotic Plant Guidelines. Department of Environment and
Natural Resources. Division of Parks and Recreation. Raleigh, NC Guideline #30.
View Corridors — View corridors up to 25 percent of the length of waterfront property
to a maximum of 150 feet per ownership tract are allowed subject to the following
restrictions. Thinning of underbrush, shrubs, and limbs up to 50 percent of individual
tree height to enhance a view provided soils are undisturbed, diffuse surface water
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flow is maintained across the easement area and no stems of woody vegetation
larger than three inches dbh are removed.
Water Dependent Structures — Water dependent structures (i.e., docks and piers)
that do not result in the removal of trees are allowed at Lake Wateree subject to the
conditions of the Shoreline Management Plan for the Catawba - Wateree
Hydroelectric Project.
Water Wells — Single family residential water wells that do not result in the removal
of trees. Any vegetation disturbed must be restored within six weeks of initial
disturbance.
Wildlife and Fisheries Habitat Management — In conjunction with a management plan
developed by the appropriate wildlife management agencies in the respective states,
activities to enhance wildlife habitat are allowed. Such activities include, but are not
necessarily limited to, the introduction of non - native species for the purpose of
controlling exotic or invasive species, the introduction of native and desired non-
native wildlife species, and the management of vegetation, including the removal of
trees, to enhance wildlife diversity.
Any other uses not identified here must be approved by the applicable state agency
that issues water quality certifications under the Clean Water Act and the easement
holder.
C -W CRA Sig Copy (Rev 1 ) 10 -20 -06 O - 3

Catawba - Wateree Project (FERC No. 2232)
Comprehensive Relicensing Agreement
FIGURE
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C -W CRA Sig Copy (Rev 1) 10 -20 -06
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