20150957 Ver 2_Other Agency Correspondence_20160824

Burdette, Jennifer a
From: Goudreau, Chris J.
Sent: Wednesday, August 24, 2016 1:40 PM
To: Burdette, Jennifer a; Tarver, Fred; '[e-mail]'
Subject: RE: Ward Mill
Attachments: 150759v2WardMill HydroelectricProject(Watauga)_401_IC_.docx
Importance: High
I've included a number of comments/edits in the document.
Let me know what you think.
____________________________________________________________________
Chris Goudreau
Hydropower & Speciai Projects Coordinator
Habitat Conservation Division
NC Wiidiife Resources Commission
645 Fish Hatchery Road
Marion, AJC 28752
office: 323-652-4360 ext. 223
mobile: [phone]
chris.goudreau(a)ncwildlife.org
ncwildlife.org
From: Burdette, Jennifer a
Sent: Tuesday, August 23, 2016 10:57 AM
To: Goudreau, Chris J.<[e-mail]>; Tarver, Fred <[e-mail]>;
'[e-mail]' <[e-mail]>
Subject: Ward Mill
Attached is a draft of the 401 certification for the subject project that we discussed. Please feel free to improve
wording for clarity and correct any omissions. Thanks in advance for your review and assistance.
Jennifer
Jennifer Burdette
401/Buffer Coordinator
Division of Water Resources - 401 & Buffer Permitting Branch
Department of Environmental Quality
919 807 6364 office
iennifer.burdetteQncdenr.gov
1617 Mail Service Center
Raleigh, NC 27699-1617
(Physical Address: 512 N. Salisbury St, Raleigh, NC 27604 - 9t" Flr Archdale Bldg — Room 942F)
1

KI -r".
Water Resources
ENVIRONMENTAL QUALITY
August XX, 2016
Mr. Ray F. Ward
443 Old Watauga River Road
Sugar Grove, NC 28679
Subject: Approval of Individual 401 Water Qual
Ward Mill Hydroelectric Project—P-9!
Dear Mr. Ward:
PAT MCCRORY
Gova no
DONALD R. VAN DER VAART
Secretm7,
S. JAY ZIMMERMAN
Director
with
DW R # 15-0759 v2
Watauga County
s
Attached hereto is a copy of Certification No. 4067 issued to Mr. Ray F. Ward, dated August XX,
2016. Please note that you should get any other federal, state or local permits before proceeding
with the subject project, including those required by (but not limited to) Sediment and Erosion
Control, Non -Discharge, and Water Supply Watershed regulations.
This approval and its conditions are final and binding unless contested. This Certification can be
contested as provided in Articles 3 and 4 of General Statute 150B 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 may be obtained from the OAH at.http://www.ncoah.com/ or by calling the OAH
Clerk's Office at [phone] for information. A petition is considered filed when the original
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 state
holidays).
The petition may be faxed to the OAH at [phone], provided the original and one copy of
the petition along with any applicable OAH filing fee is received by the OAH within five (5) business
days following the faxed transmission.
State of North Carolina I Environmental Quality I Water Resources
1617 Mail Service Center I Raleigh, North Carolina 27699-1617
919 8076300

Mr. Ray F. Ward
DWR# 15-0759
Individual Certification 44067
Page 2 of 6
Mailing address for the OAH:
If sending via US Postal Service: If sending via delivery service (UPS, FedEx, etc):
Office of Administrative Hearings Office of Administrative Hearings
6714 Mail Service Center 1711 New Hope Church Road
Raleigh, NC 27699-6714 Raleigh, NC 27609-6285
One (1) copy of the petition must also be served to Department of Environmental Quality:
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
This certification completes the review of the Division of
the Clean Water Act and 15A NCAC 02H .0500. PIE
[e-mail] or Jennifer Burd
[e-mail] if you have any questions o
Sincerely,
ing.
Resources under section 401 of
intact me at 919-8076360 or
at 919-807-6364 or
Karen Higgins, Supervisor
401 & Buffer Permitting Branch
cc: Andrew C. Givens, Cardinal Energy Services, Inc., 620 N West St., Raleigh, NC 27603
Kimberly D. Bose, FERC, 888 First Street NE, Washington, D.C. 20426
Todd Bowers, EPA, Sam Nunn Federal Center, 61 Forsyth Street SW, Atlanta, GA 30303
Fred Tarver, DWR Basin Planning Branch (via [e-mail])
Chris Goudreau, NC Wildlife Resources Commission (via [e-mail])
Bryan Tompkins, US Fish and Wildlife Service (via [e-mail])
DWR WSRO 401 file
DWR 401 & Buffer Permitting Branch file
Filename: 150759v2WardMillHydroelectricProject(Watauga)_401_IC.docx

Mr. Ray F. Ward
DWR# 15-0759
Individual Certification 44067
Page 3 of 6
NORTH CAROLINA 401 WATER QUALITY CERTIFICATION
CERTIFICATION #4067 is issued inconformity 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 Mr. Ray F. Ward, who have authorization for the impacts listed below, as described
within your application received by the N.C. Division of Water Resources (DWR) on July 29, 2015
and subsequent information on August 20, 2015, July 15, 2016 and July 19, 2016, and by Public
Notice issued by the Division on September 18, 2015.
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.
This approval requires you to follow the conditions listed in the certification below.
Commented [CG4e could be problematic.
"released"
Conditions of Certification:
sed" i someuse
Sediment will be in some amount everytime he
operates the turbines. Also, during natural highflowevents.
1. The project must be operated in run -of -river mode, such that outflow equals inflow �at all
times, except during emergency or scheduled maintenance drawdowns or refills. This will be ,
- Commented [CGl]: if you don't add the=thepond
accomplished b maintaining the reservoir level Iat the crest of the dam and continuingto
P Y _I --- ---- -----
hewon't technically beallowed todrain or
operate a float gage that will automatically stop the turbine(s) if the reservoir level drops
- Commented [CG2]: If "at the crest ofthe dam" is too
below the crest of the dam so that water can immediately spill over the dam.
stringent, we could give a little leeway (e.g., within 1 inch).
Fred and Bryan —what do you think?
2. Records of inflow, impoundment stage and generation must be maintained to ensure run -of -
river operation and to document maintenance and emergency drawdowns. These records
shall be filed annually in a report to the DWR 401 and Buffer Permitting Branch, DWR — Basin
Planning Branch and the NC Wildlife Resource Commission (NCWRC) and other agencies upon
request. Inflow to the project is available on a 15 -minute interval from the U.S. Geological
Survey (USGS) gage (#03479000), located just upstream of the reservoir. If the USGS gage is no
longer maintained, the licensee shall install a stream gage after consulting with the FERC and
appropriate resource agencies.—Keep this in or leave out because is unlikely to be
discontinued? Installation of a water level data logger or pressure transducer within the ,-
Commented [CG3]: Ithink itcan be removed. We can still
project impoundment set to collect data at 15 -minute intervals would provide the
see how flow is maintained downstream if he provides lake
impoundment stage data required above. Project generation data shall also be provided in 15-
level logger data and generation data.
minute intervals. All data should be provided electronically in spreadsheet format.
A sediment management plan must be developed with the NCWRC and other resource
agencies prior to any actions to open the sand gates, dredge sediment from the reservoir for
Commented [CG4e could be problematic.
"released"
otherwise release sediment from the project. The plan shall include provisions for the
sed" i someuse
Sediment will be in some amount everytime he
operates the turbines. Also, during natural highflowevents.
following: (1) monitoring; (2) developing a schedule; (3) removal of sediment from the
impoundment; and (4) requiring approval of the DWR-401 and Buffer Permitting Branch prior
I think the clause can be deleted. We just want this
condition to kick in if he opens the sand gates or dredges.
to dredging sediment from the reservoir or opening sand gates.
So, if he operates like the past 30 years, there won't bea
need to develop a sediment plan.

Mr. Ray F. Ward
DWR# 15-0759
Individual Certification 44067
Page 4 of 6
4. �he following drawdown and refill procedures for emergency and maintenance drawdowns
shall be implementedl_ (1) conduct eMeFgeRGY and maintenance drawdowns when inflow is , -
greater than 60 cfs; (2) limit the drawdown rate to 6 feet per day' Tom^^ ",e-uf; (3) release
inflow to the tailrace #while the impoundment is drawn down; (4) refill onlywhen inflow is
greater than 60 cfs; (5) when refilling, release a minimum of 60 cfs in the tailrace; 1(6) establish
a low -flow rating curve of minimum flow releases in the tailwater during drawdowns
^r eFt4i--.+,^.R ,,,^ ^; and (7) notify the resource agencies as soon as possible, but
no later than 10 days after each drawdown event.
5. Operation and maintenance of existing recreation facilities shall be continued. These facilities
shall also be monitored for erosion to provide abatement if found.
6. 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. If applicable, the project must comply
with the specific conditions and requirements of the NPDES Construction Stormwater Permit
issued to the site and the following requirements [15A NCAC 02H .0506(b)(3) and (c)(3)]:
a. Design, installation, operation, and mai
measures must be such that thev'eaual
most recent version of the North
devices shall be maintained on all
(spoil) projects, including contras
project.
of the sediment and erosion control
jthe requirements specified in the
,nt and Erosion Control Manual. The
uction sites, borrow sites, and waste pile
ied or leased borrow pits associated with the
b. For borrow pit sites, the erosion and sediment control measures must be designed,
installed. ooerated. and maintained in accordance with the most recent version of
e North Carolina Surface Mining Manual.
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 materialsrequired for stabilization and/or repair of erosion control
measures and stormwater routing and treatment shall be on site at all times.
e. The sediment and erosion control designs must comply with the requirements set
forth in 15A NCAC 04B .0124 Design Standards in Sensitive Watersheds.
Commented [CGS]: See the applicant's comments for his
perspective on how some of this is too restrictive. I think he
makes some good points and I tend to agree with him.
1. Don't include emergencies in the inflow requirement.
2. Reduce the 60 cfs limit to 50 cfs in items 1, 4 and 5. He
says 45 cfs.
3. Increase the drawdown rate. We said 6 ft/day on the
phone, but I'm ok with 10 ft/day (which essentially means no
limit).
Commented [CG6]: Item 6 of this list is part of general
compliance. You might consider combining the following
text (DWR language from 20+ years ago for another FERC
run -of -river project) with Condition #2 on the previous page.
A calibrated staff gage indicating the water elevation
corresponding to the minimum release should be installed
and maintained in an easily viewed location in the tailwater
reach. Installation should follow U.S. Geological Survey
procedures to assure an accurate measurement of stage vs.
discharge. This gage should be installed and calibrated within
6 months of license issuance. Its calibration should be
verified at least every two years thereafter. All initial
calibration and re -calibration measurements, including field
data, should be provided to the DWR within 30 days of data
collection.
The licensee, upon request, shall provide the DWR with
project operating records to document compliance with
terms and conditions ofthe license. These will include
reservoir level recorder data and unit power production
records from the purchasing utility. DWR will only request
these records if there is evidence that indicates that the
project may have been out of compliance.

Mr. Ray F. Ward
DWR# 15-0759
Individual Certification 44067
Page 5 of 6
7. 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. [15A NCAC 02H .0501 and
.0502]
8. 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 (DEM LR) or locally
delegated program has released the specific area within the project. [15A NCAC 02H .0501
and .0502]
9. 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, projector 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. [15A NCAC
02H .0501 and .05021
10. 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. [15A NCAC 02H
.0502_(e)]
11. 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
interfere with the riparianrights, 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

Mr. Ray F. Ward
DWR# 15-0759
Individual Certification 44067
Page 6 of 6
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.
12. Continuing Compliance
Mr. Ray F. Ward 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. [15A NCAC 02B .0200] 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 modifythis Certification in
accordance with 15A NCAC 02H .0507(d). Before modifying the Certification, the Division shall
notify Mr. Ray F. Ward and the Federal Energy Regulatory Commission (FERC), provide public
notice in accordance with 15A NCAC 02H .0503 and provide opportunity for public hearing in
accordance with 15A NCAC 02H .0504. Any new or revised conditions shall be provided to Mr.
Ray F. Ward in writing, shall be provided to the FERC for reference in any permit or license
issued by that agency, and shall become conditions of the FERC License for the project.
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 expirationof the new License.
Non-compliance with
this
ati
KAHAab
4067
f the conditions herein set forth may result in revocation of
It in criminal and/or civil penalties.
This the xxx day of August 2016
Karen Higgins, Supervisor
401 & Buffer Permitting Branch

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