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Home My WebLink About20150424-3010(30524778)20150424 -3010 FERC PDF (Unofficial) 04/24/2015 FEDERAL ENERGY REGULATORY COMMISSION WASHINGTON, D.C. 20426 April 24, 2015 OFFICE OF ENERGY PROJECTS Project No. 2503 -154 - North Carolina and South Carolina Keowee - Toxaway Hydroelectric Project Duke Energy Carolinas, LLC SUBJECT: Final Programmatic Agreement for the Keowee - Toxaway Hydroelectric Project No. 2503 -154; ER 07- 0850 -NC TO THE PARTIES ADDRESSED: Enclosed for your signature is the final Programmatic Agreement (PA) for Duke Energy Carolinas, LLC's (Duke Energy) existing Keowee - Toxaway Hydroelectric Project No. 2503. The project consists of two developments -the upstream 710.1 - megawatt (MW) Jocassee development and the downstream 157.5 -MW Keowee development. The project is located on the Keowee River in Transylvania County, North Carolina and in Pickens and Oconee Counties, South Carolina. The project does not occupy federal land. We issued a draft PA for review and comment on January 22, 2015, and asked whether the Advisory Council on Historic Preservation (Advisory Council) wanted to consult on this PA. By letter filed March 13, 2015, the Advisory Council requested additional information in order to determine whether its participation in the consultation to resolve adverse effects is warranted. Subsequently, Commission staff provided the additional information to the Advisory Council, and, as a result, the Advisory Council, in its filing of March 17, 2015, determined that its participation in the consultation to resolve adverse effects is not needed. The North Carolina Department of Cultural Resources states that adoption of the draft PA for the Keowee - Toxaway Project will fulfill the Commission's responsibilities for compliance under section 106 of the National Historic Preservation Act. Wenonah G. Haire, DMD, Catawba Indian Nation Tribal Historic Preservation Officer, requests that we add a signatory line underneath Chief Bill Harris' signature, for her. We have added a signature line for Wenonah G. Haire, DMD. Mr. Jeffrey G. Lineberger, P.E., Duke Energy, states that the company is agreeable to modifying the HPMP to include the sites described as Isolate 1, 38OC222, 38OC258, 380C259, and 38OC260 as listed in the table entitled "Cultural Resources within Keowee - Toxaway APE (excluding inundated sites)" at Appendix 2. Duke Energy states that Site 38OC217 should be excluded from the table because the site is located on 20150424 -3010 FERC PDF (Unofficial) 04/24/2015 Project No. 2503 -154 2 private property outside of the project boundary and the area of potential effects. Based on this clarification we have removed this site from Stipulation I.B. of the PA. Mr. Vince Yearick, Director, Division of Hydropower Licensing, has signed the PA. Please sign the appropriate page, make a copy for yourself, and return only the page bearing your original signature to Patti Leppert via overnight delivery at the following address: Patti Leppert, Federal Energy Regulatory Commission, 888 First Street, N.E., Room 61 -13, Washington, D.C. 20426. Upon receipt of all signatures, Ms. Leppert will forward a copy of the executed PA with signature pages to all signatories and to the Advisory Council for their records. In order to incorporate the PA into any license issued for the Keowee - Toxaway Hydroelectric Project, I would like to have the PA signed by May 29, 2015. If you have any questions, please contact Ms. Leppert at (202) 502 -6034, or at patricia.lePpertkferc.gov. Your assistance in completing this process expeditiously is appreciated. Sincerely, Stephen Bowler, Chief South Branch Division of Hydropower Licensing Enclosure: Final Programmatic Agreement 20150424 -3010 FERC PDF (Unofficial) 04/24/2015 Project No. 2503 -154 Addresses: Dr. John Eddins Advisory Council on Historic Preservation 401 F Street, N.W., Suite 308 Washington, D.C. 20001 -2637 Dr. Kevin Cherry, SHPO North Carolina Department of Cultural Resources 4617 Mail Service Center Raleigh, NC 27699 -4617 Elizabeth M. Johnson, Deputy SHPO South Carolina Department of Archives and History 8301 Parklane Road Columbia, SC 29223 Renee Gledhill - Earley North Carolina Department of Cultural Resources 4617 Mail Service Center Raleigh, NC 27699 -4617 Delores Hall, Deputy State Archaeologist Office of State Archaeology 4619 Mail Service Center Raleigh, NC 27699 -4619 Tyler B. Howe, THPO Eastern Band of Cherokee Indians P.O. Box 455 Cherokee, NC 28719 Public Files 3 Lisa C. Baker, Acting THPO United Keetoowah Band of Cherokee Indians in Oklahoma P.O. Box 746 Tahlequah, OK 74465 Jennifer Huff Duke Energy Carolinas, LLC 526 South Church Street Charlotte, NC 28202 Brett Garrison Duke Energy Lake Services /South Lake 8133 Rochester Highway Salem, SC 29676 Chief Bill John Baker Cherokee Nation P.O. Box 948 Tahlequah, OK 74465 Wenonah G. Haire, DMD Catawba Indian Nation Tribal Historic Preservation Officer 1536 Tom Stevens Road Rock Hill, SC 29730 20150424 -3010 FERC PDF (Unofficial) 04/24/2015 FINAL PROGRAMMATIC AGREEMENT AMONG THE FEDERAL ENERGY REGULATORY COMMISSION, THE NORTH CAROLINA STATE HISTORIC PRESERVATION OFFICER, AND THE SOUTH CAROLINA STATE HISTORIC PRESERVATION OFFICER FOR MANAGING HISTORIC PROPERTIES THAT MAY BE AFFECTED BY ISSUING A NEW LICENSE TO DUKE ENERGY CAROLINAS, LLC FOR THE CONTINUED OPERATION OF THE KEOWEE - TOXAWAY HYDROELECTRIC PROJECT IN TRANSYLVANIA COUNTY, NORTH CAROLINA AND IN PICKENS AND OCONEE COUNTIES, SOUTH CAROLINA (FERC No. 2503 -154; ER 07- 0850 -NC) WHEREAS, the Federal Energy Regulatory Commission or its staff (hereinafter, "Commission ") proposes to issue a new license to Duke Energy Carolinas, LLC (hereinafter, "Licensee ") for the continued operation of the Keowee- Toxaway Hydroelectric Project (hereinafter, "Project ") as authorized by Part I of the Federal Power Act, 16 U.S.C. sections 791(a) through 825(r) as amended; and WHEREAS, the Commission has determined that issuing such a license may affect properties included in or eligible for inclusion in the National Register of Historic Places (hereinafter, "National Register" or "historic properties "); and WHEREAS, the associated Historic Properties Management Plan for the Keowee - Toxaway Hydroelectric Project (FERC No. 2503 -147), filed November 5, 2014, provides a description of the Project, the Project's area of potential effects (hereinafter, "APE "), historic properties, and anticipated effects identified as of the date of this Programmatic Agreement; and WHEREAS, the associated National Register of Historic Places Evaluation of the Keowee - Toxaway Hydroelectric Development (FERC No. 2503 -147), filed April 15, 2013, provides a description of the Project, a summary of the archival research, an historic context of hydropower development, an evaluation of the Project facilities, and anticipated effects identified as of the date of the Programmatic Agreement; and 20150424 -3010 FERC PDF (Unofficial) 04/24/2015 Project No. 2503 -154 2 WHEREAS, the APE for the Project is defined as lands within the Project boundary and lands affected by Project operations, which includes lands within the full pond elevation of each reservoir, Project recreation access areas, the islands within the reservoirs, and additional lands associated with each powerhouse and dam complex; and WHEREAS, the Commission has consulted with the Advisory Council on Historic Preservation (hereinafter, "Advisory Council "), the North Carolina State Historic Preservation Officer (hereinafter, "North Carolina SHPO "), and the South Carolina State Historic Preservation Officer (hereinafter, "South Carolina SHPO "), pursuant to 36 C.F.R. section 800.14(b) of the Advisory Council's regulations (36 C.F.R. Part 800) implementing section 106 of the National Historic Preservation Act (54 U.S.C. § 306108; hereinafter, "section 106 "); and WHEREAS, the Licensee has participated in the consultation and has been invited to concur in this Programmatic Agreement; and WHEREAS, the Project may affect lands important to the Eastern Band of Cherokee Indians, the United Keetoowah Band of Cherokee Indians in Oklahoma, the Catawba Indian Nation, and the Cherokee Nation (hereinafter, "Tribes "), and the Tribes have participated in the consultation and have been invited to concur in this Programmatic Agreement; and WHEREAS, the Commission will require the Licensee to implement the provisions of this Programmatic Agreement as a condition of issuing a new license for the Project; and NOW THEREFORE, the Commission, the North Carolina SHPO, and the South Carolina SHPO agree that the Project will be administered in accordance with the following stipulations in order to satisfy the Commission's section 106 responsibilities during the term of the Project's license. STIPULATIONS The Commission will ensure that, upon issuing a new license for this Project, the Licensee implements the following stipulations. All stipulations that apply to the Licensee will similarly apply to any and all of the Licensee's successors. Compliance with any of the following stipulations does not relieve the Licensee of any other obligations it has under the Federal Power Act, the Commission's regulations, or its license. 20150424 -3010 FERC PDF (Unofficial) 04/24/2015 Project No. 2503 -154 3 I. HISTORIC PROPERTIES MANAGEMENT PLAN A. Upon issuing a new license for this Project, the Licensee will implement the Historic Properties Management Plan for the Keowee - Toxaway Hydroelectric Project (hereinafter, "HPMP "), filed November 5, 2014. B. The Licensee will incorporate the following modification into the HPMP at the time of review of, and update to, the HPMP as specified in Chapter 5, Implementation of the HPMP: in the table entitled, "Cultural Resources Within Keowee - Toxaway APE (excluding inundated sites)" at pages 35 to 37, include the five archaeological sites described as Isolate 1, 38OC222, 38OC258, 38OC259, 380C260 that are shown on the map at page 44. II. DISPUTE RESOLUTION A. If at any time during implementation of this Programmatic Agreement and the HPMP, the Licensee, the North Carolina SHPO, the South Carolina SHPO, the Tribes, or the Advisory Council objects to any action or any failure to act pursuant to this Programmatic Agreement or the HPMP, they may file written objections with the Commission. In the event a written objection is filed with the Commission, the Commission will follow the steps listed below. The Commission will consult with the objecting party, and with other parties as appropriate, to resolve the objection. 2. The Commission may initiate on its own such consultation to remove any of its objections. B. If the Commission determines that the objection cannot be resolved, the Commission will forward all documentation relevant to the dispute to the Advisory Council and request that the Advisory Council comment. Within 30 days after receiving all pertinent documentation, the Advisory Council will either: provide the Commission with recommendations, which the Commission will take into account in reaching a final decision regarding the dispute; or 20150424 -3010 FERC PDF (Unofficial) 04/24/2015 Project No. 2503 -154 4 2. notify the Commission that it will comment pursuant to 36 C.F.R. sections 800.7(c)(1) through (c)(3) of the National Historic Preservation Act, and proceed to comment. C. The Commission will take into account any Advisory Council comment provided in response to such a request, with reference to the subject of the dispute, and will issue a decision on the matter. The Commission's responsibility to carry out all actions under this Programmatic Agreement that are not the subject of dispute will remain unchanged. III. AMENDMENT AND TERMINATION OF THIS PROGRAMMATIC AGREEMENT A. The Commission, the Licensee, North Carolina SHPO, South Carolina SHPO, or the Tribes may request that this Programmatic Agreement be amended, whereupon these parties will consult in accordance with 36 C.F.R. section 800.14(b) to consider such amendment. B. The Commission, the North Carolina SHPO, or the South Carolina SHPO may terminate this Programmatic Agreement by providing 30 days written notice to the other parties, provided that the Commission, the Licensee, the North Carolina SHPO, the South Carolina SHPO, and the Tribes consult during the 30 -day notice period in order to seek agreement on amendments or other actions that would avoid termination. In the event of termination, the Commission will comply with 36 C.F.R. sections 800.3 through 800.7(c)(3), with regard to individual actions covered by this Programmatic Agreement. Execution of this Programmatic Agreement, and its subsequent implementation, is evidence that the Commission has satisfied its responsibilities pursuant to section 106 of the National Historic Preservation Act, as amended, for all individual actions carried out under the license. Provided, however, that unless and until the Commission issues a license for the Project and this Programmatic Agreement is incorporated by reference therein, this Programmatic Agreement has no independent legal effect for any specific license applicant or Project. 20150424 -3010 FERC PDF (Unofficial) 04/24/2015 Project No. 2503 -154 FEDERAL ENERGY REGULATORY COMMISSION L'I'm Vince Yearick, Director Division of Hydropower Licensing Date: 20150424 -3010 FERC PDF (Unofficial) 04/24/2015 Project No. 2503 -154 NORTH CAROLINA STATE HISTORIC PRESERVATION OFFICER I' Dr. Kevin Cherry, SHPO Date: 20150424 -3010 FERC PDF (Unofficial) 04/24/2015 Project No. 2503 -154 SOUTH CAROLINA STATE HISTORIC PRESERVATION OFFICER By: Date: Elizabeth M. Johnson, Deputy SHPO 20150424 -3010 FERC PDF (Unofficial) 04/24/2015 Project No. 2503 -154 CONCUR: DUKE ENERGY CAROLINAS, LLC I' Steven D. Jester Vice President Date: 20150424 -3010 FERC PDF (Unofficial) 04/24/2015 Project No. 2503 -154 CONCUR: EASTERN BAND OF CHEROKEE INDIANS L'I'm Principal Chief Michell Hicks Date: 20150424 -3010 FERC PDF (Unofficial) 04/24/2015 Project No. 2503 -154 10 CONCUR: UNITED KEETOOWAH BAND OF CHEROKEE INDIANS IN OKLAHOMA By: Date: George Wickliffe, Chief 20150424 -3010 FERC PDF (Unofficial) 04/24/2015 Project No. 2503 -154 11 CONCUR: CATAWBA INDIAN NATION By: Date: Chief Bill Harris By: Date Wenonah G. Haire, DMD Catawba Indian Nation Tribal Historic Preservation Officer 20150424 -3010 FERC PDF (Unofficial) 04/24/2015 Project No. 2503 -154 12 CONCUR: CHEROKEE NATION By: Date: Chief Bill John Baker 20150424 -3010 FERC PDF (Unofficial) 04/24/2015 Document Content(s) P- 2503- 154Letter2. DOC ...................... ...........................1 -15