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HomeMy WebLinkAbout20120900 Ver 1_Approval Letter_20151023North Carolina Department of Environrnental Quality Pat McCrory [)onaki R van der Vaart Governor Secretary 311#0=10# I M TTWX M* M, FIT", TM- Rowan and Stanly Counties Mr. E. Ray Barham Alcoa Power Generating, Inc. (APGI) 293 Highway 740 Badin, NC 28009 IADDITIOiIAL CONDITIONS Attached hereto is a copy of Certification No. 4035 issued to Alcoa Power Generating, Inc., dated October 23, 2015. Please note that you should get any other required federal, state or local permits before proceeding with your project. This Certification can be contested as provided in Articles 3 and 4 of General Statute 150E by filing a written petition for an administrative hearing to the office of Administrative Hearings (hereby known as OAH) within sixty (60) calendar days. A petition form maybe obtained from the OAH at h p� wwwmcoah.conl/ or by calling the OAH Clerk's Office at (919) 431-3000 for information. A petition is considered filed when the ,triginal and one (1) copy along with any applicable OAH filing fee is received in the OAH during normal office hours (Monday through Friday between 8:00am and 5:00pm, excluding official ctate holidays). The petition may be faxed to the OAH at (919) 431-3100, provided the original and one copy of the petition along with any applicable OAH filing fee is received • the OAH within five (5) business days following the faxed transmission. DMs�an oat Wate ReSOUrCeS . 401 & Buffer Perrniffing Unit 1617 MaH Service Centeu, RaOeVgh, North Cawfina 27699 1617 Locatbm 512 N Sahsbmy St, Ralle gh, North Carohna 276x04 Phone: 919 807 6300 \ F`AX� 9-19 8()-T64q2 lnlerneV� www,n(,waterquafty.wg An Equa I op p or hmqy \A •cOcrir Employer M a di, irr pw by ne(,yf I ed papei M IT e-dTff 6714 Mail Service Center Raleigh, NC 27699-6714 1 DWR# 12-090t, ln*ividual Certificatiot #4035 If sending via delivery service (UPS, FedEx, etc): Office of Administrative Hearings 1711 New Hope Church Road Raleigh, NC 27609-6285 01110M Sam M. Hayes, General Counsel Department of Environmental Quality 1601 Mail Service Center Raleigh, NC 27699-1601 Unless such a petition is filed, this Certification shall be final and binding. This completes the review of the Division of Water Resources under section 401 of the Clean Water Act and 15A NCAC 02H .0500. Contact Karen Higgins at 919-807-6360 or if you have any questions or concerns. Sincerely, S. Jay Zimmerman, I.G. Director, Division of Water Resources SJZ1kah cc: Secretary Kimberly D. Bose, Federal Energy Regulatory Commission, 888 First Street NE, Washington, D.C. 20426 Todd Bowers, EPA, Sam Nunn Federal Center, 61 Forsyth Street SW, Atlanta, GA 30303 Mike Parker, DWR Mooresville Regional Office Supervisor Corey Basinger, DWR Winston-Salem Regional Office Supervisor Belinda Henson, DWR Fayetteville Regional Office Supervisor Fred Tarver, Basin Planning Branch (via email) Chris Goudreau, North Carolina Wildlife Resources Commission (via email) Rob McDaniel, Division of Waste Management (via email) Sandy Mort, DHHS (via email) James D. Behmer, Salisbury-Rowan Utilities, PO Box 479, Salisbury, NC 28145 File Copy File name: 12090OYad kin ProjectP E RC2 197(Dav id sonDav ie Montgo rneryRowa nSta nly)_401_1 C Yadkin Hydro0ectric Project FERC P-2197 Illl Page 3 of 33 CERTIFICATION #4035 is issued in conformity with the requirements of Section 401, Public Laws 92-500 and 95-217 of the United States and subject to North Carolina's Regulations in 15A NCAC 02H .0500, to Alcoa Power Generating, Inc. (APGI) to continue the operation of hydropower dams at High Rock, Tuckertown, Narrows and Falls Reservoirs in the Yadkin Project on the Yadkin River in Davidson, Davie, Montgomery, Rowan and Stanly Counties in North Carolina, as described within the application received by the N.C. Division of Water Resources (Division) on September 28, 2012, the Relicensing Settlement Agreement (RSA) dated February 2007, subsequent information received on October 17, 2012, January 7, 2013, January 22, 2013, February 1, 2013, February 7, 2013, March 18, 2013, April 1, 2013, June 11, 2013, June 20, 2013, July 2, 2013 and July 3, 2013, and by Public Notice issued by the Division on November 28, 2012 and April 4, 2013. On August 2, 2013, the Division denied the application citing 15A NCAC 02H .0502(f), The Division's decision was reversed by Administrative Law Judge Selina Brooks in a Final Decision entered on May 29, 2015. On September 25, 2015, Superior Court Judge G. Bryan Collins, Jr. entered an Order and Judgment Affirming AU Brooks' Final Decision Granting Summary Judgment to APGI, and directed DEQ to proceed to review the substance of APGI's application and issue a decision on its merits within thirty days of the date of his Order. The application and supporting documentation provides adequate assurance that the proposed work will not result in a violation of Water Quality Standards. Therefore, the State of North Carolina certifies that this activity will not violate the applicable portions of Sections 301, 302, 303, 306, 307 of the Public Laws 92-500 and PL 95-217 if conducted in accordance with the application, the supporting documentation, and conditions hereinafter set forth. In issuing this 401 Certification, the Division makes no determination as to title or ownership of submerged lands or any property associated with the Yadkin Project, and does not attempt to resolve any of the claims or issues raised in the case State of North Carolina, by and through its agency, the North Carolina Department of Administration v. Alcoa Power Generating, Inc., E.D.N.C., Case No. 5:13-CV-633-BO. The following definitions are used in this Certification: A. "Daily Average Dissolved Oxygen Water Quality Standard" or "Daily Average Standard" or "Daily Average DO" means the standard set forth in 15A NCAC 02B .0211(6). The continuous dissolved oxygen (DO) monitoring data collected for this Certification at 15 minute intervals shall be averaged every 24 hours in order to calculate the daily average. The Daily Average Standard must be met as measured at the DO monitors placed in the tailraces below the dams regardless of whether or not the generators are operating and whether or not the DO enhancement equipment is operating. B. "Dams" mean and include the four dams at the Yadkin Project, specifically High Rock dam, Yadkin Hydroelectric Project FERC P-2197 DWR# 12-0900 Individual Certification #4035 C. "Date that APGI receives the Final FERC License" is the date on which the New License I ^ It .6 ^ E. "DO" or "Dissolved Oxygen" means the concentration of oxygen that has been dissolved or otherwise introduced into water. "Final and non-appealable" means either (1) the thirty-first day after the date FERC issues an order setting forth the New License for the Yadkin Project if no Party seeks rehearing of such order; or (2) if any Party seeks rehearing of such an order, the earliest date upon which no further court appeal of a FERC order issuing a New License for the Yadkin Project, including a Petition for Writ of Certiorari to the Supreme Court of the United States, or action by a court or by FERC with respect to such appeal, is possible. G. "Final FERC License" or "New License" means a new long-term license granted by FERC for the Yadkin Project that is final and non-appealable. H. "Full DO Season" means May 1 of each year through November 30 of each year. I. "Minimum Instantaneous Dissolved Oxygen Water Quality Standard" or "Instantaneous Standard" or "Instantaneous DO" means the standard set forth in 15A NCAC 0213.0211 (6). The Instantaneous Standard must be met 24 hours a day, seven days a week, as measured at the DO monitors placed in the tailraces below the dams regardless of whether or not the generators are operating and whether or not the DO enhancement equipment is operating. J. "Project" or "Yadkin Project" or "APGI Project" means the hydroelectric project on the Yadkin River in North Carolina operated by APGI pursuant to FERC license 2197. K. "Tailrace" means the free-flowing section of the Yadkin River downstream from each dam. The length of this section of the river is no less than the length of the river from the dam to the dissolved oxygen monitor located below each dam. This approval requires APGI to follow the conditions listed in the Certification below. Conditions of Certification: 1. Sediment and Erosion Control for any project- related construction During any project-related construction, erosion and sediment control practices must be in full compliance with all specifications governing the proper design, installation and operation and maintenance of such Best Management Practices and if applicable, comply with the specific conditions and requirements of the NPDES Construction Stormwater Permit issued to the site: A. Design, installation, operation, and maintenance of the sediment and erosion control measures must be such that they equal or exceed the requirements specified in the Yadkin Hydroelectric Project FERC P-2197 DWR# 12-0900 individual Certification #4035 Page 5 of 33 most recent version of the North Carolina Sediment and Erosion Control Manual. The devices shall be maintained on all con projects, including contra cto r-owned or leased borrow pits associated with the project. B. For borrow pit sites, the erosion and sediment control measures must be designed, installed, operated, and maintained in accordance with the most recent version of the North Carolina Surface Mining Manual. C. Reclamation measures and implementation must comply with the reclamation in accordance with the requirements of the Sedimentation Pollution Control Act and the Mining Act of 1971. D. Sufficient materials required for stabilization and/or repair of erosion control measures and stormwater routing and treatment shall be on site at all times. 2. No waste, spoil, solids, or fill of any kind shall occur in wetlands, waters, or riparian areas. All construction activities, including the design, installation, operation, and maintenance of sediment and erosion control Best Management Practices shall be performed so that no violations of state water quality standards, statutes, or rules occur, 3. Sediment and erosion control measures shall not be placed in wetlands or waters, Exceptions to this condition require application submittal to and written approval by the Division. If placement of sediment and erosion control devices in wetlands and waters is unavoidable, then design and placement of temporary erosion control measures shall not be conducted in a manner that may result in dis-equilibrium of wetlands, stream beds, or banks, adjacent to or upstream and downstream of the above structures, All sediment and erosion control devices shall be removed and the natural grade restored within two (2) months of the date that the Division of Energy, Mineral and Land Resources (DEMLR) or locally delegated program has released the specific area within the project, 4. This approval is for the purpose and design described in your application and as described in the Public Notice. The plans and specifications for this project are incorporated by reference and are an enforceable part of the Certification. If you change your project, you must notify the Division and you may be required to submit a new application package with the appropriate fee, If the property, project or license is sold, the new owner must be given a copy of this Certification and is responsible for complying with all conditions. Any new owner must notify the Division and request the Certification be issued in their name. 5. This Certification grants permission to the Director, an authorized representative of the Director, or Department of Environmental Quality (DEQ) staff, upon the presentation of proper credentials, to enter the property during normal business hours, 6. This Certification does not grant or affirm any property right, license, or privilege in any waters or any right of use in any waters. This Certification does not authorize any person to Yadkin Hydro0ectric Project FERC P-2197 DWR# 12-0900 lndividuaV Certification #4035 Page 6 of 33 interfere with the riparian rights, littoral rights, or water use rights of any other person and this Certification does not create any prescriptive right or any right of priority regarding any usage of water. No person shall interpose this Certification as a defense in any action respecting the determination of riparian or littoral rights or other water use rights. No consumptive user is deemed by virtue of this Certification to possess any prescriptive or other right of priority with respect to any other consumptive user regardless of the quantity of the withdrawal or the date on which the withdrawal was initiated or expanded. This Certification is issued with the express understanding of DEQ that pursuant to the Federal Power Act Section 27, 16 U.S.C. § 821, the License does not establish or determine a proprietary right to any use of water. It establishes the nature of the use to which a proprietary right may be put under the Federal Power Act. This Certification shall not be construed as addressing or making a determination with respect to title or ownership of submerged lands or any property associated with the Yadkin Project. 7. Continuing Compliance Alcoa Power Generating, Inc. (APGI) shall conduct project operations and any construction activities in a manner consistent with State water quality standards (including any requirements resulting from compliance with Section 303(d) of the Clean Water Act) and any other appropriate requirements of State and Federal law. If the Division determines that such standards or laws are not being met (including the failure to sustain a designated or achieved use) or that State or federal law is being violated, or that further conditions are necessary to assure compliance, the Division may reevaluate and modify this Certification in accordance with 15A NCAC 02H .0507(d). Before modifying the Certification, the Division shall notify Alcoa Power Generating, Inc. (APGI) and the Federal Energy Regulatory Commission (FERC), provide public notice in accordance with 15A NCAC 02H .0503 and provide the opportunity for a public hearing in accordance with 15A NCAC 02H .0504. Any new or revised conditions shall be provided to Alcoa Power Generating, Inc. (APGI) in writing, shall be provided to the FERC for reference in any permit or license issued by that agency, and shall also become conditions of the FERC License for the project. In addition, if the DO enhancement upgrades as outlined in Condition #12 of this Certification do not result in compliance with the water quality standards for DO or temperature, then this condition shall be triggered to result in requirements for additional measures to meet these standards. 8, Sediment Removal at Citv of Salisbury Water Supply Intake APGI shall allow access to and provide for dredging operations to remove sand and other debris that may accumulate at the City of Salisbury's water supply intake in order to manage the accumulation of sand and other debris to maintain the intake in operable condition. If this condition conflicts with any existing arrangements between APGI and other parties, then additional written approval is required from the Division to resolve the conflict, DWR# 12-09 Individual Certification #4035 Page 7 of 33 9. Sedimentation and Flood Plan APGI shall develop a sedimentation and flood protection plan that includes: A. Specific measures to ensure dredging of sufficient volume and frequency such that the City of Salisbury's water intake remains clear of sediments, B. Physical modifications to the facilities such as a protective dike for the pump station, improved access to the pump station with the road consistent with the City of Salisbury's design or other feasible option(s) for achieving the same benefits, C. Planning level capital and operation and maintenance cost estimates for each alternative, D. A recommendation as to which alternative to implement, and E. An implementation schedule. This plan shall be developed in consultation with the City of Salisbury, Rowan County, NC Division of Water Resources — 401 & Buffer Permitting Unit and the NC Division of Water Resources — Public Water Supply Section — Mooresville Regional Office. 10, Additional Monitoring A. The Fish Sampling Work Plan for Narrows Reservoir dated December 14, 2007 as prepared by URS Corporation shall be conducted by APGI. The Division shall approve the timing of this sampling. B. APGI shall provide yearly monitoring of the discharges from the four lakes for pollutants to include heavy metals and organic pollutants, including volatile organic compounds, acid-extractable compounds, base-neutral compounds, and PCBs using a priority pollutant scan analyzed in accordance with 40 CFR Part 136. Test results shall be reported to Division within 90 calendar days of sampling using a form approved by the Division. This monitoring shall be done annually for a minimum of five years. At the end of five years, APGI may submit a request to the Division for approval to modify the monitoring requirements. If monitoring shows levels of contaminants that violate water quality standards, then APGI shall develop a plan that proposes measures for ensuring compliance with water quality standards. APGI shall submit a plan for the Division's approval within six (6) months of notification by the Division that monitoring showed levels of contaminants that violate water quality standards. Sensitivity levels for these analyses must be at least those used by the Division's Central Laboratory. C. APGI shall provide yearly monitoring for lake sediment in a series of transacts from the Alcoa Badin Works Plant site to the Narrows dam for those heavy metals and compounds including PCBs and PAHs that are present in the sediment in the swimming area as reported in the Badin Lake Swim/Picnic Area and Badin Boat Access Sediment Assessment, Stanly County. The Division must provide written approval for this study plan. This monitoring shall be done annually for at least five years. At the end of the five years, APGI may submit a request to the Division for approval to modify the Yadkin Hydroelectric Project FERC P-2197 DWR# 12-0900 Individual Certification #4035 monitoring requirements. If movement of contaminated sediment is detected, then APGI shall develop a plan that proposes measures for stopping contaminated sediment transport. APGI shall submit a plan for the Division's approval within six (6) months of notification by the Division that movement of contaminated sediment was detected. Sensitivity levels for these analyses must be at least those used by the Division's Central Laboratory. 11. Financial Assurance A. Within thirty (30) calendar days of the issuance of this Certification, APGI shall provide draft language for two surety bonds; one to cover the construction of the planned improvements and upgrades that are required by this Certification (Surety Bond) and one to cover the ongoing monitoring of the Project as required by this Certification N��� B. The "Surety Bond" and "Monitoring Bond" shall be from a surety company that is rated no less than "A-" as rated by A.M. Best and shall be issued in favor of the state of North Carolina. The financial assurance provided must be continuous in nature and must bind APGI as well as its successors -in- interest. C. The amount of initial coverage provided by a "Surety Bond" shall be at least 100% of the estimated cost of completing the planned Project upgrades required by this Certification, but not less than $44,570,000.00. D. The amount of initial coverage provided by a "Monitoring Bond" shall be at least 100% of the estimated cost to provide monitoring of the Project as required by this Certification, but not less than $3,000,000.00. E. Within sixty (60) calendar days of the final non-appealable FERC License, APGI shall secure the "Surety Bond" and "Monitoring Bond" and shall provide documentation to the Division. F. A "Surety Bond" shall be maintained until all of the improvements and upgrades required by this Certification have been completed. The amount of the "Surety Bond" may be decreased upon written approval from the Division as upgrades required by this Certification are completed. The amount of the "Surety Bond" may be increased if additional work is required in order to bring the Project into compliance with North Carolina water quality standards. G. A "Monitoring Bond" shall be issued in the form of an annual bond renewable each year for a minimum of ten (10) years. The "Monitoring Bond" shall be extended annually by the surety via a Continuation Certificate. The amount of the "Monitoring Bond" may be decreased upon written approval from the Division as each year of monitoring as required by this Certification is completed. If the Project is not in compliance with the water quality standards at the end of the initial 10-year period, then the Division may require APGI to continue to provide a "Monitoring Bond." If the Division determines that the "Monitoring Bond" is no longer required, then the Division will provide written Yadkin Hydroelectric Project FERC P-2197 DWR# 12-0900 Individual Certification #4035 Page 9 of 33 notification to APGI. H. The financial assurance must contain a provision requiring the surety company to notify the Division and APGI at least ninety (90) calendar days before canceling the "Surety Bond" or "Monitoring Bond." APGI must provide a substitute or replacement bond that meets the requirements of this Condition (111) within ninety (90) calendar days of the surety company's notice of intent to cancel the bond. The substitute or replacement bond must be in place before the original "Surety Bond" or "Monitoring Bond" is cancelled. If APGI does not provide a substitute or replacement bond before the original "Surety Bond" or "Monitoring Bond" is cancelled, then the Division shall take appropriate action to require APGI to substitute or replace the bond, including filing a civil action for injunctive relief, assessing civil penalties, or both, for the failure to comply with this condition of this Certification. 12. Dissolved OxvRen Enhancements and Monitoring A. FERC Approval. FERC approval is required before APGI may begin installation or construction of any of the DO enhancements at the Project requiring capital expenditures, and FERC also retains authority regarding operational changes that may affect DO. APGI will file appropriate documentation with FERC requesting FERC's approval of such capital enhancements, when appropriate, including a request for FERC approval for the upgrades to the three generating units at High Rock, Unless and until all necessary FERC and other governmental approvals are received, work on capital DO enhancement technologies cannot proceed. All deadline dates are contingent upon receipt of FERC approval, which APGI will seek on a timely basis. B. Installation of Upgrades to Generators at High Rock and Narrows i. High Rock. Install the through- the-turbine DO enhancement technology for all three generating units at the High Rock powerhouse on the following expedited basis, a. Within thirty (30) calendar days after APGI receives the Final FERC License for the Project, APGI will commence the design engineering process for the upgrade and request FERC approval of the design engineering and casting for the upgrade. b. Within sixty (60) calendar days after APGI receives the Final FERC License, APGI will request FERC approval for the High Rock Unit upgrades, provided such request is determined to be necessary. c. Within one hundred eighty (180) calendar days after APGI receives the Final FERC License, APGI will sign all necessary contracts for engineering work. d. Within eighteen (18) months after APGI receives an order from FERC approving this work, APGI will begin the upgrade process on the first of the three units at High Rock. Yadkin Hydroelectric Project FERC P-2197 DWR# 12-0900 Individual Certification #4035 Page 10 of 33 e. Within twenty-four (24) months after APGI receives an order from FERC approving this work, APGI will complete the upgrade for DO enhancement to the first of the three units at High Rock. f. Within twenty-four (24) months after APGI receives an order from FERC approving this work, APGI will begin the upgrade process on the second unit at High Rock. g. Within thirty (30) months after APGI receives an order from FERC approving this work, APGI will complete the upgrade for DO enhancement to the second of the three units at High Rock. h. Within thirty (30) months after APGI receives an order from FERC approving this work, APGI will begin the upgrade process on the third unit at High Rock. i. Within thirty-six (36) months after APGI receives an order from FERC approving this work, APGl will complete the upgrade for DO enhancement to the third of the three units at High Rock. Narrows Unit 3. Install the draft tube DO enhancement technology specified in this Certification for Narrows Unit 3 on the following expedited basis. a. Within thirty (30) calendar days after APGI receives the Final FERC License, APGI will commence the engineering process for the upgrade. b. Within sixty (60) calendar days after APGI receives the Final FERC License, APGI will request FERC approval for the Narrows Unit 3 upgrades, provided such request is determined to be necessary. c. Within ninety (90) calendar days after APGI receives the Final FERC License, APGI will sign all necessary contracts for engineering work. d. Within sixty (60) calendar days of receiving an order from FERC approving this work, APGI will begin installation of the DO enhancement equipment. e. Within one (1) year of receiving an order from FERC approving this work, APGI will complete the installation of the Unit 3 DO enhancement upgrade. iii. Operation of High Rock and Narrows Generator DO Enhancement Technologies. As DO enhancement equipment or measures are installed or implemented on the schedule described in this Certification, APGI shall operate the generating units with DO enhancement equipment added on a "first-on-last-off' basis, subject to unit availability, from May I of each year through November 30 of each year. If DO enhancement equipment or measures are not associated with generating equipment, once completed, that equipment or those measures shall be operated or implemented as designed from May 1 of each year through November 30 of each year. Yadkin Hydroelectric Project FERC P-2197 DWR# 12-0900 Individual Certification #4035 Page 11 of 33 C. Installation of Fixed Cone Valves at High Rock, Tuckertown, and Narrows Dams i. High Rock. Fixed cone (Howell-Bunger) valve DO enhancement technology will be used to improve DO in the tail waters at High Rock. a. Install two (2) fixed cone valves. APGI will install two (2) fixed cone valves on two (2) of the three (3) drain valves at High Rock dam on the following expedited schedule. 1. Within thirty (30) calendar days after APGI receives the Final FERC License, APGI will initiate the additional engineering process for the installation of the fixed cone valves. 2. Within sixty (60) calendar days after APGI receives the Final FERC License, APGI will sign all necessary contracts for additional engineering work. 3. Within one hundred fifty (150) calendar days after APGI receives the Final FERC License, APGI will provide proposed engineering plans and specifications for the fixed cone valves to the Division. At the same time, APGI will submit plans and any other required documents to FERC for approval of the installation of the fixed cone valves. 4. Within ninety (90) calendar days of receiving FERC approval of the installation of the fixed cone valves, APGI will commence installation of the cone valves at High Rock. 5. Within one hundred eighty (180) calendar days of receiving FERC approval of the installation of the fixed cone valves, APGI will complete installation of the fixed cone valves. b. Operation. As soon as practicable after the "real-time" DO data monitoring system (see "12-G" below) for the High Rock tailwaters is fully operational, APGI will use those data to adjust operation of the fixed cone valve(s) to improve DO in the High Rock tailwaters in advance of completion of the High Rock turbine upgrades. c. Evaluation. APGI will provide DO data to the Division on a quarterly basis. The data will be screened and reviewed in accordance with APGl's QA/QC procedures approved by the Division. Each quarter's DO data will be submitted within thirty (30) calendar days after the last day of the quarter in which it was collected. cl. Potential installation of a third fixed cone valve. if after one full DO season of operation with the first two fixed cone valves and the other DO Technology at High Rock, integrated and coordinated through the use of "real-time" monitoring data (see "12-G" below), the instantaneous and/or daily average levels of DO fail to meet water quality standards, then the Division may require installation of a third fixed cone valve at High Rock. M Fr7o 77M DWR# 12-0900 Individual Certification #4035 Page 12 of 33 Prior to any determination by the Division to require installation of a third fixed cone valve at High Rock, APGI will consult with the Division to determine if adding a fixed cone valve is required to improve DO in the tailwaters. 2. if after consultation as described above, the Division requires installation of an additional fixed cone valve, APGI shall submit a request for approval for this work to FERC within thirty (30) calendar days of receiving a formal notice from the Division and will complete installation of the additional cone valve ninety (90) calendar days after receiving FERC approval. Tuckertown. Fixed cone (Howell-Bunger) valve DO enhancement technology will be used to improve DO in the tail waters at Tuckertown. a. install one (1) fixed cone valve. APGI will install one (1) fixed cone (Howell- Bunger) valve at Tuckertown within eighteen (18) months of receipt of the final FERC license. b, Operation. As soon as practicable after the "real-time" DO data monitoring system (see "12-G" below) for the Tuckertown tailwaters is fully operational, APGI will use those data to adjust operation of the fixed cone valve to improve DO in the Tuckertown tailwaters in advance of completion of the High Rock turbine upgrades. c. Evaluation and Action. Quarterly data. A• Gl will provide DO data to the Division • a quarterly basis. The data will be screened and reviewed in accordance with APGI's quality assurance and quality control procedures (QA/QC) approved by the Division. Each quarter's DO data will be submitted within thirty (30) calendar days after the last day of the quarter in which it was collected. 2. Report after upgrade to third unit at High Rock. Within ninety (90) calendar days after the end of the first full DO season after the third unit at High Rock is upgraded, APGI will provide a report (90-day Report) to the Division assessing the performance of (1) the fixed cone valve at Tuckertown and (2) the upgrades and fixed cone valves at High Rock on the DO levels below the Tuckertown dam. APGI will also provide an assessment of the need for additional DO enhancement technologies at Tuckertown in this report. Upon receipt of the report, the Division may request additional information. 3. Submit Tuckertown Action Plan. If the Tuckertown 90-day report shows that the DO instantaneous and/or daily average levels at Tuckertown do not meet the applicable water quality standards, then at the same time APGI submits the Tuckertown 90-day report, APGI will provide an Action Plan for additional DO enhancement at Tuckertown including its recommendation for additional measures or technology and a proposed schedule for installation on an DWR# 12-0901 Individual Certification #4035 Page 13 of 33 expedited basis (Tuckertown Action Plan). 4. Installation of Additional Tuckertown DO Enhancements. If required, the Tuckertown Action Plan shall propose the installation of oxygen diffuser technology, aeration valves, or other appropriate aeration technology at Tuckertown, on an expedited basis. Installation of the additional appropriate technology after approval of the Tuckertown Action Plan by both the Division and FERC shall begin within ninety (90) calendar days of the later of those approvals and any required FERC order, and shall be completed according to the schedule in the approved Tuckertown Action Plan. Narrows. The Division may require that APGI install a fixed cone valve at Narrows under the following conditions: a. Evaluation. After installation of the draft tube air valve at Narrows Unit 3, APGI will provide DO data to the Division on a quarterly basis. The data will be screened and reviewed in accordance with APGI's quality assurance and quality control procedures (QA/QC) approved by the Division. Each quarter's DO data will be submitted within thirty (30) calendar days after the last day of the quarter in which it was collected. 2. if after one full DO season after the upgrade of Unit 3 at Narrows dam, integrated and coordinated through the use of "real-time" monitoring data (see "12-G" below), the instantaneous and/or daily average DO fail to meet water quality standards, then the Division may require installation of a fixed cone valve at Narrows, 1 If the Division requires the installation of a fixed cone valve at Narrows in accordance with the previous paragraph, APGI shall continue to provide DO data after the beginning of operation of the fixed cone valve for the Division's evaluation. The Division may require that APGI install a second fixed cone valve at Narrows. 4. If APGI and the Division agree, another appropriate aeration technology may be substituted for the fixed cone valve(s), irrespective of whether the upgrade to the DO data monitor has been completed. b. Installation. If the Division determines that a fixed cone valve or valves should be installed at Narrows, installation will be performed on the following expedited schedule. 1. Within thirty (30) calendar days of receiving formal notification from the Division that a fixed cone valve or valves should be installed, APGI will initiate the additional engineering process for the installation of fixed cone valve(s), 2. Within sixty (60) calendar days of receiving formal notification from the DWR# 12-09 It4ivii0tial Certificatiot, #40J Page 14 of 33 M. Mi- 3. Within one hundred fifty (150) calendar days of receiving notification from the Division that a fixed cone valve or valves should be installed, APGI will provide proposed engineering plans and specifications for the fixed cone valve(s) to the Division. At the same time, APGI will submit plans and any other required documents to FERC for approval of the installation of the fixed cone valve(s). 4. Within ninety (90) calendar days of receiving FERC approval of the installation of the fixed cone valve(s), APGI will commence installation of the cone valve(s) at Narrows, 5. Within one hundred eighty (180) calendar days of receiving FERC approval of the installation of the fixed cone valve(s), APGI will complete installation of the fixed cone valve(s). D. Assess Need for Installation of DO Enhancement Technology at Falls 7,77,77 • a. Quarterly data. Within ninety (90) calendar days after APGI receives the Final FERC License, APGI will provide the Division with DO Data from the Falls DO monitor (following QA/QC review) on a quarterly basis. b. Report after upgrade to Unit 3 at Narrows. Within ninety (90) calendar days after the end of the first full DO season after the upgrade of Unit 3 at Narrows, APGI will provide a report (Falls 90-day report) to the Division assessing the performance of the upgrades at Narrows on the DO levels below Falls Dam. APGI will also provide an assessment of the need for DO enhancement technologies at Falls in this report. Upon receipt of the report, the Division may request additional information. ii. Evaluation and Action. a. Submit Falls Action Plan. If the Falls 90-day report shows that the instantaneous and/or daily average DO levels at Falls do not meet the applicable water quality standards, then at the same time APGI submits the Falls 90-day report, APGI will provide an Action Plan for DO enhancement at Falls including its recommendation for additional measures or technology and a proposed schedule for installation on an expedited basis (Falls Action Plan). b. Installation of Falls DO Enhancements. If required, the Falls Action Plan shall propose the installation of aeration valves, or other appropriate aeration technology at Falls Units 1, 2 and/or 3 on an expedited basis. Installation of the appropriate technology after approval of the Falls Action Plan by both the Division and FERC shall begin within ninety (90) calendar days of the later of Yadkin Hydroelectric Project FERC P-2197 DWR# 12-0900 Individual Certification #4035 those approvals and any required FERC order, and shall be completed according to the schedule in the approved Falls Action Plan. E. Upgrade DO Monitoring Equipment in Tailwaters Below Dams in Yadkin Project APGI will upgrade the DO monitoring equipment below each of the dams in the Yadkin Project to allow for the transmittal of data in 15-minute increments from the DO monitors to the Dispatch Center ("real time" DO data - see "12-G" below). i. Schedule for Upgrades. APGI will complete the implementation of real time data transmission from the upgraded DO monitor below Narrows within 6 months after APGI receives the Final FERC License. The DO monitoring stations below High Rock, Tuckertown, and Falls dams will be modified in the order listed. 1. APGI will request the necessary approvals, if any, to relocate the DO monitoring stations below High Rock, Tuckertown, and/or Falls within thirty (30) calendar days after APGI receives the Final FERC License, 2. APGI will complete installation of the upgraded DO monitor below High Rock by the date the installation of the first fixed cone valve at High Rock is completed, provided all required approvals, orders and permits have been obtained. 3. The remaining upgraded DO monitors at Tuckertown and Falls will be completed within twenty-four (24) months after APGI receives the Final FERC License, provided all required approvals, orders and permits have been obtained. ii. Design and Engineering. FERC and the North American Electrical Reliability Corporation ("NERC ") may impose certain requirements regarding location, connection, or operation of the DO monitors, b. Prior to relocating any of the DO monitors, APGI will provide the Division with a summary report and data on which the report is based establishing that the new location for the DO monitor will be representative of the water quality in the tailwaters below the dam. Within one (1) year of this Certification, APGI will submit to the Division for written approval an updated draft of the DO Monitoring Plan and Quality Assurance Project Plan ("QAPP"), as updates and revisions to the document "Draft Dissolved Oxygen Monitoring Plan (May 2007)." This updated document will include, at a individual Certification #4035 minimum: updated contact information, background information, a description of proposed technologies, a discussion of monitoring and reporting procedures for the proposed upgraded "real-time" DO monitoring equipment, and a discussion of how DO meters will be repaired • replaced quickly in the event of malfunction. The DO Monitoring Plan and QAPP will be updated in consultation with the Division and other appropriate state and federal resource agencies. The primary component of the DO Monitoring Plan will be the operation of four (4) continuous DO/temperature monitors, one in each tailwater below High Rock, Tuckertown, Narrows and Falls, for the period of May 1 through November 30 of each year. The DO Monitoring Plan shall include a schedule for preparing an annual DO and temperature data report. The annual report shall be filed by March 1 of the following year with the Division and with the downstream Licensee of the Yadkin- Pee Dee River Project (FERC No. 2206). iii. APGI shall file the DO Monitoring Plan with FERC within thirty (30) calendar days of receiving the Division's written approval of the draft Plan. APGI shall include with the DO Monitoring Plan an implementation schedule, documentation of consultation, copies of the Division's comments and recommendations on the plan, and specific descriptions of the manner in which the Division's comments have Go =# G. Optimization of Electrical Generation for DO Enhancement Using Information from the 0 • . 0 - • of Approval. APGI will request FERC approval (if needed) within thirty (30) calendar days after APGI receives the Final FERC License, to use "real-time" DO data to optimize operation of the DO enhancement equipment. "Real-Time" Monitoring Data. For the purposes of this Certification, "real-time" monitoring data mean data collected and recorded every fifteen (15) minutes, for instantaneous reading, with the instantaneous readings being averaged over a 24- hour period to obtain the daily average reading. iii. Use of "Real-Time" Monitoring Data. APGI will use the "real-time" DO monitoring data to coordinate and optimize the operation of the Project's DO enhancement technology, including turbines, fixed cone valves and any other controllable DO enhancement technology, to meet water quality standards. Such optimization may also include "pulsing" one or more hydroelectric generating units, and/or opening spill (flood) gates to maintain DO levels in the tailwaters at or above the water quality standards. H. Additional Reporting Requirements In addition to other requirements for reporting set forth in this Certification, APGI will provide the following: Yadkin Hydroelectric Project FERC P-2197 DWR# 12-0900 Individual Certification #4035 Page 17 of 33 Annual Report, The annual report filed by March I of the following year to the Division will summarize the DO data and assess the compliance with North Carolina water quality standards. In addition, the annual report will include a narrative description of the operation of DO enhancement technologies and APGI's use of the "real-time" DO data in operating those DO enhancement technologies. APGI shall include information regarding the QA/QC procedure in its annual report. However, once the QA/QC procedures are approved and provided that APGI does not change its QA/QC procedures, the annual report may simply refer to and incorporate the QA/QC procedures previously approved by the Division. ii. Data provided on a quarterly basis. In addition to the annual report, APGI will provide the Division with the "real-time" DO data for each dam on a quarterly basis. Each quarter's data will be submitted to the Division, after being screened and reviewed in accordance with QA/QC procedures, within thirty (30) calendar days after the last day of the quarter in which it was collected. This quarterly reporting requirement will become effective ninety (90) calendar days after APGI receives the Final FERC License. iii. QA/QC. Within one (1) year of this Certification, APGI shall submit to the Division for approval a written copy of the QA/QC procedures it uses on raw DO data. Within ninety (90) calendar days, the Division will provide a written response to APGI approving or requesting changes to the QA/QC procedures. APGI shall include information regarding the QA/QC procedure in its Annual Report. iv. Placement of DO monitors. Every five years, beginning at the end of the calendar year following the year in which APGI receives the Final FERC License, APGI will include in the Annual Report an assessment of the placement of the DO monitors verifying that the chosen location below each of the dams is a representative site at which to measure DO levels in the water under the following conditions: when generators are operating at optimal levels, during periods of low flow, and when the generators are not operating. Notice Provided to the Division APGI agrees to provide Notices of Initiation and Notices of Completion to the Division for each of the events that APGI agrees to undertake, pursuant to the terms set forth in this Certification. This information will include at minimum the following information: 1) a description of the work being initiated or completed, 2) a reference to the condition in this Certification requiring the work, 3) the effective date of the notice, and 4) the name and contact information for the person providing notice. This information shall be sent, until further notice, to either of the following addresses: Mailing Address (by US Postal Service) NC DWR, 401 & Buffer Permitting Unit 1617 Mail Service Center Raleigh, NC 27699-1617 J. Assurance of Compliance Yadkin Hydroelectric Project FERC P-2197 DWR# 12-0900 Individual Certification #4035 Page 18 of 33 Physical Address (by delivery service, UPS, FedEx, etc.) NC DWR, 401 & Buffer Permitting Unit 512 N Salisbury Street, Suite 942-E Raleigh, NC 27604 RSA Consistency. This Certification shall not require APGI to violate or operate inconsistently with any provisions of the New License or any provisions of the RSA (including the Low Flow Inflow Protocol). To the extent the terms of this Certification provide an expedited schedule and additional conditions appropriate to meet state and/or federal requirements, they are not inconsistent with the RSA. ii. Additional Improvements to Ensure Standards are Met: if at any time during the term of the New License, after all the DO Enhancement equipment and measures outlined in the RSA and this Certification have been installed and implemented, all of the upgraded units are operational, and at least two full DO seasons of monitoring have been completed, APGI is notified by the Division that based on the monitoring data collected under the DO Monitoring Plan, water quality standards are not being met as a result of APGI's hydroelectric operations, APGI shall develop a plan to implement corrective actions. APGI shall file a Dissolved Oxygen Corrective Action Plan (DOCAP) for the Division's approval within six (6) months of notification by the Division that water quality standards are not being met as a result of APGI's hydroelectric operations. APGI shall include with the DOCAP an implementation schedule, documentation of consultation, copies of the Division's comments and recommendations and specific descriptions of the manner in which such comments and recommendations have been accommodated by the DOCAP. Within thirty (30) calendar days of receipt of the Division's written approval of the DOCAP, APGI shall file the DOCAP with FERC. b. If, after implementation of the DOCAP in accordance with "a" above, DO levels do not meet water quality standards after completion of all the improvements required by the RSA (including the Low Inflow Protocol) and this Certification, APGI shall propose to the Division additional measures including an implementation schedule to meet water quality standards for DO. Following its review of APGI's proposal, the Division may, in writing, require that APGI implement those additional measures to meet water quality standards for DO. iii. Tailwater Dissolved Oxygen Enhancement Operations. If at any time during the term of the New License, after all the DO Enhancement equipment and measures outlined in the RSA and this Certification have been installed and implemented, all of the upgraded units are operational, and at least Yadkin Hydroelectric Project FERC P-2197 DWR# 12-0900 Individual Certification #4035 Page 19 of 33 two full DO seasons of monitoring have been completed, APG1 can demonstrate through studies and/or monitoring that water quality standards are met twenty-four hours a day, seven days a week, then APG1 may consult with the Division regarding the possibility of reducing the period of DO Enhancement operations (May 1-- November 30). Should any such consultation result in an agreement between APG1 and the Division to modify the operation of the Project for purposes of DO enhancement, APGI shall consult with the Division to develop a plan to revise DO enhancement operations. APG1 shall include with the plan an implementation schedule, documentation of consultation, copies of the Division comments and recommendations and specific descriptions of the manner in which such comments and recommendations have been accommodated by the plan, Within thirty (30) calendar days of receipt of the Division written approval of the plan, APG1 shall file the plan with FERC for any necessary regulatory approval. M The following conditions, which were included in the February 2007 Relicensing Settlement Agreement (RSA), are set forth separately and independently as requirements of this Certification. A. Project Operations Unless in accordance with the Hydro Project Maintenance and Emergency Protocol and Low Inflow Protocol, Project minimum flows take priority over reservoir water elevations, as specifically described in Articles PO-1 and PO-2 below. This space left blank intentionally Yadkin Hydroelectric Project FERC P-2197 DWR# 12-0900 Individual Certification #4035 a. High Rock Reservoir Operations APG1 shall operate High Rock Reservoir at or above the normal minimum elevation (NME) as depicted on the High Rock Operating Curve (Figure PO-1), except as needed in order to maintain minimum flows or as provided under the Low Inflow Protocol (LIP) or the Hydro Project Maintenance and Emergency Protocol (HPMEP). High Rock Reservoir may be drawn down below its NME in order to meet the Required Minimum Instrearn Flow at Falls, as specified in Article PO-2, only after Narrows Reservoir has reached its NME. If High Rock Reservoir water elevation is below the NME at 12:01 AM on any operating day, where the operating day is defined as 12:01 AM through 12:00 midnight, APGl shall reduce releases from High Rock Reservoir for that operating day up to a maximum of the daily average flow equivalent of the minimum flow requirement at Falls, as specified in Article PO-2. Under this condition, releases from Falls will be limited to those defined in Article PO-2. Figure 130-1. Jan Feb Mar Apr 624 ,9 Ft 11 Pond Eh ivation (62: .9 ft) 6239 622.9 621,9 0 0) 620.9 oa 0 9 617,9 t LU 6169 0 t 6159 614.9 6139 612,9 611,9 610,9 High Rock Reservoir Operating Curve May Jun Jui Aug Sep Oct Nov Dec Note: During periods for fill and drawdown during March and November High Rock Reservoir would transition between the 4 foot and 10 Operating Curve, with water elevations oncreasing or decreasing, as apptocable, genera0y along a straight line. L_ Normal Minimum Elevation...... — —Full Pond Yacllkin Hydroelectric Project FERC P-2197 DWR# 12-0900 Individual Certification #4035 Page 21 of 33 b. Tuckertown Reservoir Operations APGl shall operate Tuckertown Reservoir at or above the NME as depicted on the Tuckertown Operating Curve (Figure `+M as provided in the HP MEP. I. —Normal Minimum Elevation — —Full Pond � This space left blank intentionally Yadkin Hydroelectric Project FERC P-2197 DWR# 12-0900 Individual Certification #4035 Page 22 of 33 c. Narrows Reservoir Operations APG1 shall operate Narrows Reservoir at or above the NME as depicted on th Narrows Operating Curve (Figure PO-3), except as needed in order to mainta minimum flows, or as provided under the LIP or HPMEP. I —Normal Minimum Elevafion ^^^ ^Full Pond d. Falls Reservoir Operations APGI shall operate Falls Reservoir at or above the NIVIE as depicted on the Falls Operating Curve (Figure PO-4), except as provided in the HPMEP. _Normal Minknum Elevafion —FuR Pond Yadkin Hydroelectric Project FERC P-2197 DWR# 12-0900 individual Certification #4035 Page 23 of 33 e. Reservoir Stabilization to Enhance Fish Spawning From April 15 through May 15 of each year, APGI will endeavor to maintain reservoir water elevations at all four Project reservoirs no lower than -1.0 feet below the elevation of each reservoir on April 15 to enhance conditions for fish spawning in the reservoirs. No later than August 31 of each year, APGI will report the resulting reservoir water elevations at each reservoir during the April 15 through May 15 period in a letter report to the North Carolina Wildlife Resources Commission (NCWRC). The letter report will provide an explanation of any circumstances that prevented APGI from maintaining the target water elevations. Within 60 days of filing the letter report with the NCWRC, a copy of the letter report will be filed with the Division and FERC. Satisfaction of these reporting commitments shall constitute compliance with this Article, ii. Article PO-2— Project Instream Flows (RSA Section 3.1.2) a. Required Minimum Instrearn Flows Commencing no later than six months from the effective date of the New License and except when operating under the Low Inflow Protocol (LIP) or Hydro Project Maintenance and Emergency Protocol (HPMEP), APGI shall operate the Project to provide a daily average minimum flow from the Falls Development according to the following schedule: June 1— January 31 1,000 cfs February 1— May 15 2,000 cfs May 16 — May 31 1,500 cfs iii. Flow Adjustment for Enhancement of Downstream Spawning (RSA Section 2.1.1) APGI will work with the licensee of the Yadkin-Pee Dee River Project, FERC No. 2206, (Downstream Licensee), the North Carolina Division of Water Resources (NCDWR), the North Carolina Wildlife Resources Commission (NCWRC), the South Carolina Department of Natural Resources (SCDNR), the U.S. Fish and Wildlife Service (USFWS), the National Marine Fisheries Service (NMFS), The Nature Conservancy (TNQ and American Rivers (collectively, Group) to develop a process to allow the Downstream Licensee to provide adjusted flow between February 1 and May 15 to enhance spawning conditions in the lower river downstream of the Blewett Falls development, part of the Yadkin-Pee Dee River Project. APGI's role in enhancing downstream spawning below Blewett Falls will be limited to: a. Attending an annual meeting with the Group, if held, to consider expected flow and hydrologic conditions and to schedule adjusted flow period(s) for the upcoming spawning season, and Yadkin Hydroelectric Project FERC P-2197 DWR# 12-0900 Individual Certification #4035 Page 24 of 33 b. Once the schedule for adjusted spawning flow period(s) has/have been established by the Group, APGI will communicate its daily generation/flow release schedule during the adjusted spawning flow period(s) to the Downstream Licensee at least one week in advance of the start of the adjusted spawning flow period(s). If unexpected hydrologic conditions, or other conditions, such as those covered in the Low Inflow Protocol (LIP, Appendix A) or the Hydro Project Maintenance and Emergency Protocol (HPMEP, Appendix B), occur during any adjusted spawning flow period, APGI shall communicate to the Downstream Licensee any resulting changes in its daily generation/flow release schedule for the remainder of that adjusted spawning flow period. APGI will not be required to attempt to match Yadkin Project outflow to inflow during any adjusted spawning flow period(s), nor will APGI be required to provide an instantaneous minimum flow release from the Yadkin Project during any adjusted spawning flow period(s). APGI's participation in enhancement of downstream spawning will take place within the confines of the other requirements of the New License and this Certification relating to management of flows and reservoir water elevations, and would not result in any modification of those flow and reservoir management requirements. Specifically, nothing in this section will require or cause APGI to fall below the Project Minimum Flows as described in Article PO-2 or to have to modify its reservoir operations as prescribed in Article PO-1. If state and federal agencies and the Downstream Licensee are unable to come to an agreement on what measures are to be undertaken by the Downstream Licensee to achieve Flow Adjustment for Enhancement of Downstream Spawning, APGI will be under no obligation to meet the commitments outlined in this Condition [13(A)(iii)]. iv. Article PO-3 - Flow and Reservoir Elevation Monitoring (RSA Section 3.1.3) Within six months of the effective date of the New License, APGI shall file with the Division a final Flow and Reservoir Elevation Monitoring and Compliance Plan for the Yadkin Project. The Flow and Reservoir Elevation Monitoring and Compliance Plan shall be developed in consultation with the North Carolina Division of Water Resources (NCDWR), the South Carolina Department of Natural Resources (SCDNR), the U.S. Geological Survey (USES) and the Downstream Licensee (the Licensee of the Yadkin-Pee Dee River Project, FERC No. 2206), and shall include detailed provisions for monitoring reservoir water elevations and for monitoring flows from both the Narrows and High Rock developments. APGI shall include with the final plan documentation of consultation, copies of comments and recommendations on the draft plan after it has been prepared and provided to the agencies and Downstream Licensee, and specific descriptions of how comments are accommodated by the final plan. APGI shall allow a minimum of 30 days for the agencies and Downstream Licensee to comment prior to filing the plan Yadkin Hydroelectric Project FERC P-2197 DWR# 12-0900 individual Certification #4035 Page 25 of 33 with the Division, If APGI does not adopt a recommendation, the filing shall include APGI's reasons, based on Project-specific information. The Division reserves the right to require changes to the plan. Upon Division approval, APGI shall submit the plan to FERC for approval. Upon receiving FERC approval, APGI shall implement the plan, including any changes required by the Division and/or FERC. APGI shall file the final plan with Division within 30 days of receiving FERC approval. a. Releases from High Rock Development Flow monitoring from the High Rock Development will serve as the measure for the flow releases from the High Rock Development required under Article PO-1 or under the Low Inflow Protocol (LIP). Daily average flows within +25% of the applicable maximum flow, measured from 12:01 AM to 12:00 midnight, shall be considered compliant for each operating day. b. Releases from Falls Development Flow monitoring from the Narrows Development will serve as the compliance measure for the flow release from the Falls Development required under Articles PO-1, PO-2 or under the LIP. Daily average flows within -5% of the applicable minimum flow, measured from 12:01 AM to 12:00 midnight, shall be considered compliant for any operating day so long as: 1. Whenever High Rock Reservoir is at or above its normal minimum elevation (NME), the applicable daily average minimum flow is achieved on a weekly average basis, measured from 12:01 AM Saturday to 12:00 midnight Friday. Whenever High Rock Reservoir is drawn down below its NME (when a maximum release from Falls is also applicable), releases from Falls shall be limited to +/- 5% of the cfs equivalent of the Required Instream Minimum Flow at Falls, as measured on a weekly average basis from 12:01 AM Saturday to 12:00 midnight Friday. APGI shall endeavor to meet the Required Minimum Instream Flows required in Article PO-2, and shall not routinely use the flow variances provided above. APGI shall prepare an annual flow monitoring report documenting its compliance with minimum flow releases, including a record of any days during the year when the daily average required minimum instream flow fell within the -5% and was made up as part of the weekly average, a record of flows during any period when High Rock was below its NME, and a record of any LIP events. By no later than March 31 of the following year, APGI shall file the report with the Division summarizing its evaluation. If, based on the results of the report, the state of North Carolina has a concern about the frequency or pattern of use of the variance by APGI, the state may request consultation with APGI to discuss APGI's reasons for that use and any practicable alternatives to that use, Yadkin Hydroelectric Project FERC P-2197 11r WW"-12-89W 23 R «� v. Article PO4 — Low Inflow Protocol (LIP) (RSA Section 3.1.4) This condition highlights the responsibilities of APGI from Appendix A, "Low Inflow Protocol for the Yadkin and Yadkin-Pee Dee River Hydroelectric Projects." The complete text of the LIP is included by reference in this Certification (see "D" below). a. Definitions. The following definitions shall be applicable to this condition: 1. Stream Gage Three-Month Rolling Average Flow —The three-month rolling average of strearnflow at the following U.S. Geological Survey (USGS) stream gages: - Yadkin River at Yadkin College (02116500) - South Yadkin River near Mocksville (02118000) - Abbotts Creek at Lexington (0 2121500) - Rocky River near Norwood (02126000) On the last day of each month, APGI shall calculate the arithmetic mean of (a) the daily flows of the current month and (b) the arithmetic mean of the daily flows of each of the two preceding months. The sum of the three- month rolling average for these four gage stations shall be compared by APGI to the Historic Stream Gage Three-Month Rolling Average Flow for the corresponding period and a percentage of Historic Three-Month Rolling Average shall be calculated. This space left blank intentionally Yadkin Hydroelectric Project FERC P-2197 DWR# 12-0900 Individual Certification #4035 Page 27 of 33 2. Historic Stream Gage Three-Month Rolling Average Flow —The historical three-month rolling average flow for each of the four designated USGS stream gages for the period 1974 through 2003 (except for the Abbotts Creek gage, for which the period is 1988 through 2003) are set forth in Table LIP-1 below: Narrows 509.8 Table LIP-1. Historic Stream Gage Three-Month Rolling Average 332.8 Flow For Evaluation of Average of daily Historic Three-Month Flow Trigger on: flows during: Rolling Average Flow, cfs January 1 Oct-Nov-Dec 4,000 February 1 Nov-Dec-Jan 5,200 March 1 Dec-Jan-Feb 6,250 April I Jan-Feb-Mar 7,700 May I Feb-Mar-Apr 7,550 June 1 Mar-Apr-May 6,850 July 1 Apr-May-Jun 5,350 August 1 May-Jun-Jul 4,200 September 1 Jun-Jul-Aug 3,600 October 1 Jul-Aug-Sep 3,200 November 1 Aug-Sep-Oct 3,300 December 1 Sep-Oct-Nov 3,550 3. Full Pond Elevation —The Full Pond Elevation for each development's reservoir is listed in Table LIP-2. Full Pond Elevation Reservoir (feet, USGS datum - NGVD 1929)' High Rock 623.9 Tuckertown 564.7 Narrows 509.8 Falls 332.8 Yadkin Hydroelectric Project FERC P-2197 DWR# 12-0900 Individual Certification #4035 Page 28 of 33 4. Normal Minimum Elevation (NME) - DIME for each Project reservoir is listed in Table LIP-3. Table LIP-3. Normal Minimum Elevations (feet, USES datum - NGVD 1929) Month High Rock Tucker-town Narrows Falls Full Pond 623.9 564.7 509.8 332.8 January 1 613.9 561.7 504.8 328.8 February 1 613.9 561.7 504.8 328.8 March 1 transition 561.7 504.8 328.8 April 1 619.9 561.7 504.8 328.8 May 1 619.9 561.7 504.8 328.8 June 1 619.9 561.7 504x8 328.8 July 1 619.9 561.7 504.8 328.8 August 1 619.9 561.7 504.8 328.8 September 1 619.9 561.7 504.8 328.8 October 1 619.9 561.7 504,8 328.8 November 1 transition 561.7 504.8 328.8 December 1-15 613.9 561.7 504.8 328,8 December16- 504.8 31 613.9 561.7 328.8 5. U.S. Drought Monitor Three-Month Numeric Average -APGI shall calculate a three-month rolling average of U.S, Drought Monitor (http://www.drought.uni.edu/dm/monitor.htmi.) values by (a) assigning a numeric value equal to the highest U.S. Drought Monitor designation (e.g. DO=O, D1=1, D2=2, D3=3 and D4=4) for any part of the Yadkin-Pee Dee River Basin draining to Blewett Falls development as of the last day of that month; and (b) calculating an arithmetic mean of that numeric value and numeric values correspondingly assigned for the previous two months. A normal condition in the basin, defined as the absence of a drought designation, shall be assigned a numeric value of negative one (4). 6. Yadkin-Pee Dee River Basin Drought Management Advisory Group (YPD- DMAG) - The YPD-DMAG shall consist of one representative from each of the following organizations (to the extent that they are willing to participate): Alcoa Power Generating Inc. (APGI), Progress Energy (PE), North Carolina Department of Environmental Quality (NCDEQ), North Carolina Division of Water Resources (Division) Basin Planning Branch, North Carolina Division of Water Resources (Division) 401 & Buffer Permitting Unit, North Carolina Wildlife Resources Commission (NCWRC), South Carolina Department of Natural Resources (SCDNR), South Carolina Department of Health and Environmental Control (SCDHEC), the United States Fish and Wildlife Service Yadkin Hydroelectric Project FERC P-2197 DWR# 12-0900 lncliviclua6 Certification #4035 Page 29 of 33 & TrIers Tv"Tr a than one million gallons • water per day from the impoundments of either the Yadkin Project (FERC Project 2197) or the Yadkin-Pee Dee Project (FERC Project 2206). b. Implementation Procedure 1. Table LIP-4 sets forth the combinations of conditions under which the LIP shall be implemented. The determination of the applicable LIP Stage shall be made using the High Rock Reservoir water elevation as of midnight between the last day of the previous month and the first day of the current month in combination with the U,S. Drought Monitor Three-Month Numeric Average and the Stream Gage Three-Month Rolling Average Flow to determine the need to declare or change a Stage of the LIP. The LIP shall be implemented beginning at Stage 0 and, if the combination of conditions becomes more severe, the Stages shall increase in one Stage increments. Table LIP-4. Summary of LIP Triggers US Drought Stream Gage High Rock Monitor Three-Month Stage Reservoir Three-Month Rolling Average as Elevation Numeric a percent of the Average Historical Average < NME minus and either Any or Any 0.5 ft 0 or < NME and either > 0 or < 48 % < NME minus 1 and either 1 or < 41 % I ft < NME minus 2 and either > 2 or <35 % 2 ft < NME minus 3 and either 3 or <30 % 3 ft <% of ( NME and either 4 or <30 % minus Critical 4 Reservoir Water Elevation) Yadkin Hydroelectric Project FERC P-2197 DWR# 12-0900 Individual Certification #4035 Page 30 of 33 2. The average daily flows set forth in Table LIP-5 shall be initiated no later than seven days after the determination of the applicable LIP Stage and shall be in effect for the balance of the month except as provided in the section titled "Recovery from LIP Stages." Table LIP-S. LIP Flows('), ds High Rock Falls() (daily average (daily average flow target) Stage maximum flow target) Feb I - May 16 - Jun 1- Jan Feb 1- May 16 - Jun 1- Jan May 15 31 31 May 15 31 31 0 2000 1500 1000 2000 1500 1000 1 1450 1170 900 1450 1170 900 2 1080 950 830 1080 950 830 3 770 770 770 770 770 770 4 Additional measures may be determined by consensus of APGI and State Agencies, subject to Division approval. Developments shall be operated to achieve the target flows to the extent practicable as a first priority and to supplement inflows equitably from the storage reservoirs as a second priority. For LIP Stages 1, 2, 3 and 4, APGI shall achieve the indicated average daily flows set forth in this table by supplementing Project inflows by drawing proportionally from High Rock and Narrows reservoirs such that the difference between the respective drawdowns below NIVIE of High Rock and Narrows reservoirs shall be approximately one foot. c2 l For LIP Stages 0-3, the values shown in this table reflect flow targets. These values cannot be met exactly as shown and shall likely vary slightly on a real time basis from the values shown here, but it is expected that the variances from the target flows shall be minimal. 3. APGI shall notify via email the NCDWR of LIP implementation or a change in Stage as soon as practicable but no later than (i) three business days after a Stage 0 determination; (ii) two business days after a Stage 1 or a Stage 2 determination; or (iii) 48 hours after a Stage 3 or Stage 4 determination. 4. APGI shall consult with the YPD-DMAG with respect to issues relating to or arising out of implementation of the LIP, including, but not limited to, (i) notification to the public of the possible effects of and/or continuance of drought; (ii) issues relating to the effects of drought conditions on life, health, property, wildlife, aquatic life; (iii) possible public health concerns; and (iv) short and long term prospects for recovery from drought. 5. APGI shall develop and provide information on its website to inform the public on reservoir water elevations, Project releases, usability of public access areas, reservoir inflows, meteorological forecasts, Historic and Actual Stream Gage Three-Month Rolling Average Flow calculations, U.S. Drought Yadkin Hydroelectric Project FERC P-2197 DWR# 12-0900 Individual Certification #4035 Page 31 of 33 Monitor Three-Month Numeric Average calculations, LIP status, YPD-DMAG meeting summaries, and implementation of maintenance or emergency operation plans. c. Recovery from LIP Stage-, 1. Recovery from the LIP shall be triggered by the occurrence of any of the three following conditions either separately or in combination: Condition 1: All three triggering conditions associated with a lower numbered LIP Stage, as described in Table LIP-4, are met. OR Condition 2: High Rock Reservoir water elevations return to at or above the NME plus 2.5 ft. OR - Condition 3: High Rock Reservoir water elevations return to at or above the NME for 2 consecutive weeks. When any of these three conditions occurs, the APGI shall take the following actions as indicated by the particular condition: - Condition 1: The LIP recovery shall be a stage-by-stage reversal of the staged approach described in Table LIP-4 above, beginning at the first day of each month. - Condition 2: Implementation of the LIP shall be immediately discontinued, - Condition 3: Implementation of the LIP shall be immediately discontinued. 3. APGI shall notify the NCDWR via email within 3 business days following attainment of any of the conditions necessary to return to a lower stage of the LIP. d. Updating the LIP During the term of the New License, APGI shall consult with the YPD-DMAG at least once every five (5) years to review and consider updating the LIP. The use of the period of record 1974 through 2003 to calculate the Historic Stream Gage Three-Month Rolling Average flows set forth in Table LIP-1 of this Article shall be evaluated every five years during such review. On the basis of such consultation, review and consideration, APGI may propose modifications to this Article for the Division's review and approval, vi. Low Inflow Protocol (RSA Section 2.1.2) Assuming the U.S. Geological Survey (USGS) has necessary rights for the License term, APGI shall continue to provide 100% funding support during the License term for the maintenance of the following USGS standard flow gages that are used in the LIP to determine the Three-Month Rolling Average Flow: Yadkin Hydroelectric Project FERC P-2197 DWR# 12-0900 Individual Certification #4035 Abbotts Creek at Lexington (02121500) Any substantial increase in funding support due to changes in these flow gages are subject to review by APGI with DEQ. APGI may review and propose changes in the contractor, location, or equipment associated with these gages. Any changes proposed by APGI will require agreement of the Division. vii. Article PO -5 — Hydro Project Maintenance and Emergency Protocol (RSA Section 3.1.5) If conditions so warrant, APGI shall operate the Project in accordance with the Hydro Project Maintenance and Emergency Protocol (HPMEP) included as Appendix B, "Yadkin Project Hydro Project Maintenance and Emergency Protocol." The complete text of the HPMEP is included by reference in this Certification (see T" below). B. Water Quality Total Maximum Daily Load Process (RSA Section 2.2.5) APGI agrees to participate in the High Rock Total Maximum Daily Load (TMDL) process for High Rock Reservoir initiated by the State of North Carolina in 2005. APGI will contribute up to $50,000 in in-kind services for planned water quality sampling efforts, upon notification that the Yadkin-Pee Dee River Basin Association has received federal or state grants of at least $50,000, for which APGI's contribution will be used as the required "matching funds". If, during the term of the New License, other TMDL processes are required for the Yadkin River or its tributaries, within the Project Boundary of the Yadkin Project, APGI will participate in these processes. C. Shoreline Management i. Article SMP-1 - Shoreline Management Plan (RSA Section 3.4.1) APGI shall file a revised Shoreline Management Plan (SMP) for the Project with FERC within two years of the effective date of the New License, APGI shall revise the SMP in consultation with state and federal resource agencies and other interested parties. APGI shall provide the consulted parties with a 30-day period to review and comment on a draft revised SMP. APGI shall include with its filing copies of all comments received on the draft revised SMP and a discussion of those comments, including whether APGI adopted the comments or the APG1's rationale for not incorporating the comments in the final revised SMP. Upon FERC approval, APGI shall implement the approved SMP, including any changes required by FERC. Yadkin Hydroelectric Project FERC P-2197 DWR# 12-0900 Inclividuail Certification #4035 Page 33 of 33 M • • . 11 1111111 1 11 IlIpIIIIIII I" �111 21iiii 111111 1 111 li 1111 � 11��IIIII Il I • 1 11 111� • 1 �21_ 40 1,. Incorporation of Appendix A and B by reference The following Appendices are hereby incorporated • reference as conditions to this Certification and are drawn verbatim from the Relicensing Settlement Agreement. In few instances, "the Division" should be substituted for "FERC" • "Commission" in the appendices — specifically in the sections that describe approval of LIP or HPMEP updat or revisions, and approval of additional stages (level 4 and beyond) to the LIP, I Hydroelectric Projects This approval to proceed with your proposed impacts or to conduct impacts to waters as depicted in your application shall expire upon expiration of the new FERC license and any Annual Licenses issued after the expiration of the new License. Non-compliance with or violation of the conditions herein set forth may result in revocation of this Certification and may also result in criminal and/or civil penalties. This the 23rd day of October 2015 DIVISION OF WATER RESOURCES S. Jay Zimmerman, P.G. Director, Division of Water Resources ro . rti .,, .w. ... R f & 19 Cecil P o,d F'e ED . $ i...._ 0 "r"a kuv'uuruo'k IRr;uu ni �'�d��c6 Fes (Euroa,6Nrr„wemwd IReq umrod) V G O & Bmk ade R4;Sasuicted DeNv ally Fee EV dor eNgtl7nt Re Stl' uP d) Cl $ $ 10/23/2015 i"...... aye NO Complete items 1, 2, and 3. Also coninlete or on the front if space permits. ---------- 1,, Article Addressed to; 1.1 Agent ........ . ... .. 0 Addrpssee Rfjqq�il�vwd by (FIfint, Z.me) D. e'livery px Li D. Is del ery addr ss different from ftern V 1:1 Yee, if yr ES, enter defiveiy addiress below0 No ch, V4,"I a vy,-1 j 3. OrvicaType i -Certified MalP L3 Priority Mail Express'" El "Registered 0 Return Receipt for Merchandise 11 Msured Mail 0 Collect on Delivery f. Restricted Delivery? (Extra Fec) 0 Yes 2. Article Number (Tkansfer frena service labe 7008 1300 0000 1124 1787 PS Form 3811, July 2013 Domestic Return Racelpt