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Home My WebLink About20080915 Ver 3_Notice of REVISION 2 of the CRA_20160526DUKE ENERGK May 25, 2016 WATER STI?A71EGY, HYDRO LWENSING AND LAIKESERVICES Dohe Ener(.W Corpoiati,)r� 526 South Chur(vStqapf blail Code EC,'12V Charloffi?, NC 2820,'� Sub ect: Notice of REVISION 2 of` Comprehensive Relicensing Agreement for the Catawba - J Relicensing Wateree Hydro Project, FERC Project No, 2232 Dear Comprehensive Relicensing Agreement ("CRA") Party Designated Representatives: On behalf of the Catawba -Waterer:. Firial Agreement Committee ("FAC") Duke Ener( - ry provides this notice in accordance with CRA Sections 24.0 ("Modification of z� this A( ' reement") arid Section 29.0 ("Notice") to all CRA Parties of the availability of the enclosed document entitled "REVISION 2 of the Comprehensive Relicensing Agreement for the Catawba-Wateree Hydro Project, FERC Project No, 2232" ("Revision 2") and requests each CRA Party, review Revision 2 and indicate which CRA modifications the Party approves, mmm= The CTA was originally signed on August 29, 2006. As described in CRA Section 24, the CRA was revised on December 22, 2006 for the Junited purpose of accurately reflecting only the signatory Parties' benefits and obligations by deleting specific benefits and obligations of entities that weresignatories to the Agreement in Principle but that declined to becoine Parties to the CRA. L-1 y 1 *110 dr ft On February 29, 2016, CRA Parties reviewed five proposed CRA modifications, includi, a kanguaac tl L� for each. On March 31, 2016, these Draft CRA Modifications, incorporating background information, were distributed for CRA Party Designated Representatives and Alternates to review. Comments on the Draft CRA Modifications were returned to Duke F"nergy, The FAC met on May 24, 2016, to review comments and to finalize Revision 2 to be distributed to CRA Parties, Actions Requested of CRA Parties Section 24 of the CRA provides 60 days from the date this notice is posted or delivered for CRA Parties to review, sign, and return to Duke Energy its response to each proposed CRA modification included in Revision 2. Any Party who fails to respond within 60 days of the data:, this notice is posted or delivered shall be deerned to have consented to all the Final CRA Modifications contained in Revision 2 in accordance with CRA Section 24.(7 just as if that Party had signed in support of all modifications. A Party's authorized signature on page 12 of Revision 2 indicates whether the Party approves or does not approve that particular CRA modification, Flach modification must be signed by the Party. To constitute an authorized signature, each Party's response to Revision 2 must be accompanied by documentation in writing from the CRA Party affirming the signing individual has been authorized by the C� REVISION 2 of the Comprehensive Reficensing Agreement for the Catawha-Wateree flydro Project. May 25, 2016 Page 2 C, CRA Part), to sign Revision 2 on behalf of the Party. Failure to include such docurrientation of authorization shall result In a failure to respond within the 60 -day period set in CRA Section 24.0. In addition, DUke Energy requests each CRA Party identify, any changes it wishes to niake to its Designated Representative, Recall that modifications to the CRA require the consent of all CRA Parties. Duke Energy will therefore reissue Revision 2 to all Parties, incluclim, ZI all signatures received and identifying the rriodifications that have been approved, within 30 days fOlfOWirg the CIOSLIN of the 60 -day approval pertod. For additional information, please contact Mark Oakley (704 -382 -5778, - Jeffrey G. Lineberger, P.E. Director, Water Strategy and Hydro Licensing Duke Fnei-gy Carolinas, LLC Enclosure. REVISION 2 of the Comprehensive Relicensing Agreement for the Catawba- Wateree Hydro Project, FERC Project No. 2232 REVISION 2 ("Revision 2") OF THE Comprehensive Relicensing Agreenient for the Catawba-Wateree Hydro Project, FERC Project No. 2232, December 22, 2006, Signature Copy, Revision I ("CRA") is made and entered into as of' the date of the last signature of all signatory Parties to the CRA referred to herein individually as a "Party" and collectively as "Parties" as the context requires. WHEREAS, All CRA Parties and Designated Representatives are listed on Duke Energy's web site at 111t -equired by CRA ... . ..... . as i Section 29.0; WHEREAS, It is beneficial to modify the CRA to incorporate safety, drought resiliency, technology flexibility and other improvements as well as to adapt the CRA to changed conditions identified by Parties since the CRA was signed in 2006; WHEREAS, Duke Energy introduced and described proposed CRA modifications at a meeting of CRA Parties on February 29, 2016; WHEREAS, Duke Energy distributed draft CRA modification language and other supporting and background information to all CRA Parties on March 31, 2016; WHEREAS, Parties had the opportunity to review the proposed CRA modifications and return comments to Duke Energy by May 2, 2016; WHEREAS, On May 25, 2016, Duke Energy provided notice in accordance with CRA Sections 24.0 (Modification of this Agreement) and Section 29.0 (Notice) to all Parties of all the CRA modifications included in this Revision 2; WHEREAS, The CRA provides 60 days from the date the notice is posted or delivered for Parties to review, sign, and return to Duke Energy its response to each proposed CRA modification herein-, REVISION 2 of the Comprehensive Relicensing Agreement for the Catawba- Wateree Hydro Project, FERC Project No. 2232 WHEREAS, Any Party who fails to respond within 60 days of the date of the notice shall be deemed to have consented to all the modifications contained herein in accordance with CRA Section 24.0 just as if that Party had signed in support of all modifications J cl WHEREAS, Section 39.18 of the CRA provides for execution in counterparts. NOW THEREFORE: L CRA modifications are described as follows, including the implementation date for each modification. I A Party's authorized signature on page 12 of this Revision 2 indicates whether the Party approves or does not approve that particular CRA modification, To approve all modifications, each must be signed by the Party. 3. To constitute an authorized signature, each Party's signatures must be accompanied by dOCUmentation in writing from the Party affirming the signing Individual has been authorized by the CRA Party to sign this Revision 2 on behalf of the Party. Failure to include such documentation of authorization shall result in a failure to respond within the 60 -day period set in CRA Section 24.0. 4. Signed Party modification approvals and Party signature authorization documentation should be returned to: U.aik,,oaU or Mark Oakley, Catawba-Wateree Project Manager Duke Energy Carolinas, LLC 526 South Church Street Mail Code EC I 2Y Charlotte, NC 28202 5. Modifications to the CRA require the consent of all CRA Parties. Duke Energy will therefore reissue Revision 2 to all Parties, including all signatures received and identifying the modifications that have been approved, within 30 clays following the 60 - day approval period, 2 REVISION 2 of the Comprehensive Relicensing Agreement for the Catawba- Wateree Hydro Project, FERC Project No. 2232 Summary of CRA Revision 2 Modifications Kershaw COL111ty, Department of' Natural Resources circumstances) Belmont, NC, Mecklenburg County, NC and Duke Energy (Improve drought Duke Energy (Thorough consideration of Duke Energy and other CRA Parties (Improve drought resiliency) After state water quality certification amendment and FERC license amendment approvals are received. Immediately upon reissuance of this Revision incorporating Party approvals. Immediately upon reissuance of this Revision incorporating Party approvals. After FERC license amendment approval is received (Note: This is not a requirement of state water quality certifications). State water quality certification amendment and FERC license amendment approvals are required. If approvals are received, this modification would be implemented after Wateree Dam is modified to improve flood management or 12/31/2025 whichever is later. REVISION 2 of the Comprehensive Reficensing Agreement for the Catawba- Wateree Hydro Project, FERC Project No. 2232 CRA Revision 2 Modified Text The individual CRA modifications in their final form are presented as follows. For ease of identification, text modified from the December 22, 2006, Signature Copy of the CRA, Revision I is shown in bold italics. CRA Appendix A, page A-6: (C) Wylie Development — Within 60 days following issuance of this license, the Licensee shall provide recreational flow releases at the Wylie Development in accordance with the following schedule in the table below. In addition, the Licensee shall, from May 1 to July 15 inclusive, release at least 1,300 cfs for six hours prior to the recreational flow release scheduled start times shown in the table below to ensure suitable water levels at Landsford Canal State Park. ___ . . . . ......... . . . ........ . Wylie Development Recreational Flow Schedule Dates Flow (at or (inclusive) Days / Description above) Hour Start Hour End (cf S) Apr 1 -Apr 30 Last full weekend — Saturday and 3,000 10:00 am 4:00 pm . . ......... Sunday . . ........... . . . . ..... May 1 -Jun 15 Each Friday, Saturday and Sunday . . 3,000 ........ 10:00 am . . ...... 4:00 pm plus Memorial Day Jun 16 -Jul 15 Each Friday, Saturday and Sunday 3,000 10:00 am 4:00 pm . . ... ........ . . .... plus independence Day Jul 16- .... . . . . . . ............ . ........... Aug 31 Each Saturday and Sunday . ........ . 3,000 10:00 am 4:00 pm Sep 1 -Sep 30 Each Friday, Saturday and Sunday .... . ...... ______ . . 3,000 . ....... .... 10:00 am 4:00 pm plus Labor Day . ... . ..... Oct 1 -Oct 31 Each Saturday and Sunday . . . ....... . . 3,000 10:00 am 4:00 pm 11 REVISION 2 of the Comprehensive Relicensing Agreement for the Catawba- Wateree Hydro Project, FERC Project No. 2232 CRA Section 10.27.35.4: 10.27.35.4 East Wateree Access Improvements - Provided that Kershaw County, SC is a Party to this Agreement and that Kershaw County, SC acquires in fee -simple ownership suitable property that adjoins the Licensee's property on the east side of Lake Wateree, the Licensee shall provide funding to Kershaw County, SC (up to $900,000 total), within five years following the FERC's issuance of the New License and the closure of all rehearing and administrative challenge periods related to recreation, for the County to construct two motorized boat ramps with a courtesy dock, paved and lighted parking, and a swimming area with bathhouse and paved parking on the County -acquired property to improve public access to the east side of Lake Wateree. Kershaw County, SC shall manage the access area and shall maintain all facilities. This new access area shall not be included in the FERC Project Boundaries. If Kershaw County, SC is not a Party to this Agreement, or if the County does not acquire suitable property or chooses not to develop the described amenities, then the Licensee shall make its funding, up to $900,000 total, available, within one year, to the SCDNR to support enhancement and protection of fish and wildlife populations, including rare, threatened or endangered species in the Catawba-Wateree River Basin; biodiversity protection and enhancement, environmental outreach programs; and/or the purchase of land in the Catawba-Wateree River Basin for conservation, wildlife management and/or compatible public recreation. If the SCDNR does not agree to use this funding in this manner, the Licensee shall be under no obligation to provide these funds described in this Paragraph 10.27.35.4. 5 REVISION 2 of the Comprehensive Relicensing Agreement for the Catawba- Wateree Hydro Project, FERC Project No. 2232 CRA Section 10.27.21.3: 10.27.21.3 Upper Wylie Access Area - Provided that Mecklenburg County, NC is a Party to this Agreement and that Mecklenburg County, NC owns and provides suitable land at the Highway 74 Bridge, the Licensee shall provide to the County up to $435,000 for the County to construct a double -lane concrete boat ramp with courtesy dock and paved and lighted parking for up to 100 vehicles and trailers within five years following FERC issuance of the New License and the closure of all rehearing and administrative challenge periods related to recreation. The County shall maintain the boating access facility. If Mecklenburg County, NC is not a Party to this Agreement, chooses not to receive the funding or not to build the subject access area, or does not build the subject access area in the first five years following the FERC's issuance of the New License and the closure of all rehearing and administrative challenge periods related to recreation, then the Licensee shall make its funding (up to $435,000) available within five years following the FERC's issuance of the New License and the closure of all rehearing and administrative challenge periods related to recreation to be divided equally between Mecklenburg County, NC and the City of Belmont, NC (provided each is a Party to this Agreement). The City of Belmont shall use its funding g to develop public motorboat access facilities at the Kevin Loftin Park adjoining the Highway 74 Bridge provided it agrees to maintain the enhancements for the term of the New License. Mecklenburg County, NC shall use its funding to make or arrange for enhancements (e.g., new boat ramp and/or extension of existing boat ramp(s) with other supporting amenities) at the existing Copperhead Access Area to facilitate launching and retrieval of motorboats with Lake Wylie at levels well below its Normal Minimum Elevation (target boat ramp use down to at least 91.0 ft local datum), provided Mecklenburg County, NC (the current Copperhead Access Area lessee) agrees to maintain the enhancements for the term of the New License. The Licensee will perform or arrange for the design of the ramp extension. If either Mecklenburg County, NC or the City of Belmont, NC does not use its share of this funding as described, the funding will revert to the other Party to use to develop the amenities described in this Paragraph 10.27.21.3. If neither Mecklenburg County, NC nor the City of Belmont, NC use its funding as described herein, then the Licensee shall be under no obligation to provide the funding or make the enhancements in this Paragraph 102721.3. I REVISION 2 of the Comprehensive Relicensing Agreement for the Catawba- Wateree Hydro Project, FERC Project No. 2232 CRA Section 14.6.3: 14.6.3.1 The Parties agree that installing a bladder dam (similar in concept to the Bridgestone Rubber Dam Option evaluated in the Wateree High Water Level Management Study (Operations 08) conducted during the relicensing process) or another flow release technology on the dam's spillway sufficient to provide approximately 10,000 cfs flow release capacity with the reservoir at full pond elevation will improve the Licensee's flood management capabilities at Lake Wateree, but that it will not prevent flooding on Lake Wateree above any specific elevation, 14.6.3.2 The Parties agree that the existing flood easements held by the Licensee on Lake Wateree shall remain in place. 14.63.3 The Parties understand that even with the improved flow release technology, water elevations in the upstream areas of Lake Wateree may be substantially higher during flood events than the water elevations at Wateree Dam. 14.6.3.4 The Parties agree that, except for government entities with specific statutory responsibilities at the Project related to flood management, Parties to this Agreement shall not advocate for or request the installation of other or additional flood management structural improvements at or adjoining any Project dam or reservoir prior to issuance of the New License and the closure of all rehearing and administrative challenge periods. 14.6.3.5 The Parties agree that, except for government entities with specific statutory responsibilities at the Project related to flood management, Parties to this Agreement shall not advocate for or request the installation of other or additional flood management structural improvements at or adjoining Wateree Dam or Lake Wateree for at least the first 10 years following completion of the modifications to Wateree Dam. 14.6,3.6 Provided that all of the following conditions are met, the Licensee shall modify Wateree Dam to improve its ability to manage flooding events by removing a portion of the existing concrete from the dam's crest and installing an improved flow technology, such as a bladder dam (similar in concept to the Bridgestone Rubber Dam Option evaluated in the Wateree High Water Level Management Study (Operations 08) conducted during the relicensing process) or another flow release technology on the dam's spillway sufficient to provide approximately 10,000 cfs flow release capacity with the reservoir at full pond elevation. 1) Modification Feasibility — (i) Detailed engineering analysis of the dam modification to be conducted by the Licensee demonstrates that the modification is feasible; and, (ii) the Licensee is able to obtain the necessary approvals and permits, including FERC approval, to make the modification, 2) Reservoir Level Management during Construction — The approved construction technique allows construction costs to be reduced by maintaining the water level in Lake Wateree to the extent possible between the elevations REVISION 2 of the Comprehensive Relicensing Agreement for the Catawba- Wateree Hydro Project, FERC Project No. 2232 of approximately 93.0 ft and 94.0 ft for the duration of the dam construction (expected to take 6 to 10 months depending primarily on weather). 3) Both the Lake Wateree Association (LWA) and the Lake Wateree Homeowners' Association (WHOA) — Fairfield County are Parties to this Agreement, 4) Community Partnerships — Both the LWA and WHOA shall actively assist the Licensee during the period beginning approximately 18 months prior to the start of construction and continuing until approximately one year following construction completion to gain support from the lake community and to help minimize the impact of the construction project on the people and resources that depend on Lake Wateree. This assistance includes in-kind services to be provided by the LWA and WHOA to support activities such as: a) Cultural resource studies, monitoring and looting prevention in support of the lowered reservoir levels; b) Fish and wildlife studies and monitoring in support of the lowered reservoir levels; c) Soliciting project support from members of the LWA and WHOA organizations as well as from other lake -area property owners; d) Soliciting project support from owners of property in the vicinity of the Wateree River downstream of Wateree Dam; e) Soliciting project support from the operators of businesses (public marinas, real estate companies, etc.); f) Soliciting project support from resource agencies (e.g., SCDPRT, SCDNR, South Carolina Department of Health and Environmental Control, South Carolina Department of Archives and History, US Army Corps of Engineers, United States Fish and Wildlife Service, National Marine Fisheries Service, etc.); g) Soliciting project support from owners of water intakes (e.g., City of Camden, Lugoff Elgin Water Authority, any fire protection hydrants); h) Soliciting project support from the Catawba Indian Nation and local i) Coordinating activities that require lake -use permits from the Licensee. 14.6.3.7 Dam Modification Schedule — The dam modification, either a bladder dam or another flow release technology to provide approximately 10,000 cfs flow, shall occur on a schedule to be developed by the Licensee as part of the detailed engineering analysis and approved by the FERC. The Licensee shall file a license amendment request with the FERC including the detailed engineering analysis and schedule for approval within 18 months following the date of completion of the dam modifications at REVISION 2 of the Comprehensive Relicensing Agreement for the Catawba- Wateree Hydro Project, FERC Project No. 2232 the Great Falls -Dearborn Development that are needed to provide prescribed flow releases. Completion of the construction at Wateree Dam, either a bladder dam or another flow release technology, is targeted for eight years following the date of issuance of the New License and the closure of alb rehearing and administrative challenge periods. REVISION 2 of the Comprehensive Relicensing Agreement for the Catawba- Wateree Hydro Project, FERC Project No. 2232 CRA Appendix A, pages A-] and A-2: ARTICLE — Reservoir Elevations (A) Reservoir Elevations — Within 60 days following the issuance of this license, to protect and enhance the Project's values that may be affected by reservoir level fluctuations, the Licensee shall maintain the elevations of the Project reservoirs between the Normal Minimum and Normal Maximum Elevations indicated in the tables below and shall endeavor in good faith to achieve the Normal Target Elevations in the tables. All elevations in the tables below are relative to the top of the dam (including floodgates and flashboards where applicable) with 100.0 ft. = Full Pond Elevation. The elevations included in the tables are for the first day of the given month; elevations for other days of the month are determined by linear interpolation, .......... .v........-.._-- . . ......... . . --- ................ Lake James (Full Pond is 1200.0 ft. above Mean Sea Level (MSL)) . ......... Month Normal Minimum Normal Target (ft.) Normal Maximum .............. . ......... . . ..... . .... . . ............. .. . .... (ft) - _...._....r...... ----........ January 93 96 100 —11 - . .. . . .......... . ............. ---- . . ... . ........ . . . .. . ... ..... . . ......... . . ............. . . . .......... . . . . .......... February 92 94 100 .. . . ..... . . .......... . . . ...... ..... . . . . ...... March 92 95 100 ..... ........ . . ....... . .. . ....... . . ........... -1-1---.. . . ......... . ...........w. . . . . .......... April 92 96 100 .. ........ . . .......... . ................ . ......... 98 (98.5 after Wateree Dam is modified to May - October 95 improve flood 100 management or 1213112025 whichever is later) . . . ......... . . . .......................... . . . ....... November - December 93 96 100 . . . ........ .. Lake Rhodhiss (Full Pond is 995.1 ft. MSL) ..... .......... Month Normal Minimum Normal Target (ft.) Normal Maximum (ft.) —— (ft.) January - December 94 97 100 Lake Hickory (Full Pond is 935.0 ft. MSL) Month Normal Minimum . . . . . ........ Jft.) Normal Target (ft.) Normal Maximum . ....... __-, (ft.) January - February 94 96 100 March - December 94 97 100 Lookout Shoals Lake (Full Pond is 838.1 ft. MSL) T W�irmal Minimum Normal Target (ft.) Normal Maximum Month )T REVISION 2 of the Comprehensive Relicensing Agreement for the Catawba- Wateree Hydro Project, FERC Project No. 2232 __. _._............ ......_.- . - - — - - - -- January December 94 97 100 Lake Norman (Full Pond is 760.0 ft. MSI.) Month Normal Minimum Normal Target (ft.) Normal Maximum (ft.) (ft.) .._....__..-------- ----------- -- -- - ... ___..-...-.._._.._......... _...... ._..._....... ._...................... ._....... ...._.._....._.. _. January 93 96 100 ....................................................._.................. ..._............_..-........_.....w _..........._. _.. w_..__w....__......._.............__-.._...._ ._..._.. - --- February 91 94 100 .._.._ ............. ..... ...... ..........._.._....... _..... ._.__ _ _ _._._............ _.................................................... __.______.._........._ March 92.26 95.26 100 ........_ _._ _................................................. _.... ..... _ April 93.65 96.65 100 __._.....__._.......__................_,w,_.._....,,,,w.._..._.._,.........-._....._.-..._.._.. _.._..._..._.....------- - 98 (98.5 after --_-.__._._.._...... Wateree Dam is modified to May - October 95 improve flood 100 management or 12/31/2025 whichever is later) November 93.98 97 100 ..._.................._......................................................._..........................._.............®__---------------------------- ... December 93 96 100 ._ ..... _........................ ...-.... .... .......... ......... ... .......... ........................ .............................. -__._..........._ _ - ..._........ _.......... _._..... Mountain Island Lake (Full Pond is 647.5 ft. MSL) ----------------- - �.__.._....__...._...._.................................._................ _ _ Month NormalMinimumNormal Target (ft.) Normal Maximum ( ) ( ) _._. .__.........._........................................................._......_,_..,..._............................. _ _.. --- January - December 94.3 96 100 .............................. ._._._.............. _................. .... _.... _.._................................. --- .... ................ _.... Lake Wylie (Full Pond is 569.4 ft. MSL) .................................................................,.,. __.-.,.. _....._.._..._...___----------- _.......... - . _....m........._._....._._...................... ....... . .......... _........ Month Normal Minimum Normal Target (ft.) Normal Maximum ( —_ ...._.._ ............................ _.._._._.__r( ) January - April 94 - 97 100 -- - --.................. ................... _.................................... .. ....... -_........... ........... .....,........_ ...._....__...........-____---- --- 97 (97.5 after Wateree Dam is modified to May - October 94 improve flood 100 management or 12/31/2025 whichever is later) November - December 94 97 100 ..._..............._.................. .__......_.._w._...................w__ Fishing Creek Reservoir (Full Pond is 417.2 ft. MSL) ._......�_ Month Normal Minimum Normal Target (ft.) Normal Maximum (ft.) (ft.) January - December 95 98 100 Great Falls Reservoir (Full Pond is 355.8 ft. MSL) Normal Minimum Normal Maximum Month (ft.) Normal Target (ft.) (ft.) January - December 95 97.5 100 REVISION 2 of the Comprehensive Relicensing Agreement for the Catawba- Wateree Hydro Project, FERC Project No. 2232 IN WITNESS WHEREOF, having had opportunity to review the previously described CRA modifications, the Party named below indicates which CRA modifications the Party approves and does not, approve. Each modification row must be signed and dated, CRA Party: . . . ....... . ....... ............. . . ......... - ..... . ... . . . ...... - ------ .......... Modification Approved pprot Authorized Signature Print Name and Title Date No Aved .... ..... .... . . . ............ . .... ........ . ....... . . . . ...... ... . ... .... . . ............ —1 ........... Change 6,000 cfs recreation flow release at Wylie Hydro Station to 3,000 efs . ................ . . . . ...... . . ......... . . ..... .. . . . ....... . .. . . . . .... . ........ . ......... . . ......... Repurpose East Wateree Access Area funding ..... .. .. . . . ........... . . . ....... . ... . .......... . . . . . ....... .. . . . ............... . ........... . ..... .... . . ...... Additional option for funding for 1Jpper Wylie Motorboat Launch Improvements ............. . . .. . .. ...... . . . . . . ....... .... . . Technology flexibility for flood management at Lake Wateree w....._. ....... ..... Add six inches to James, (Norman, and Wylie summer Normal Target Elevations (Catawba-Wateree Water Management Group's (CWWNIG) Water Supply Master Plan) . . . ........... . ....... . .. . . . ...... 12