20080915 Ver 1_Approval of Comprehensive Relicensing Agreement Revision 2_20160826

Strickland, Bev
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Subject: Approval of Catawba-Wateree Comprehensive Relicensing Agreement Revision 2
Attachments: Catawba-Wateree Comprehensive Relicensing Agreement Revision 2 Modifications in
effect as of August 6, 2016.docx
This is to advise all CRA Revision 2 modifications have been approved by CRA Parties. Thank you for supporting the
modification process.
Roughly half the Parties responded by returning their completed signature forms (Revision 2, page 12).
The remainder of approvals were via the "60 -day provision" in which Parties not responding within 60 days after
receiving CRA Revision 2 are deemed to have consented to all modifications.
CRA Revision 2 was delivered to all Parties but one on May 26, so the 60 -day deadline was July 25. Multiple delivery
attempts were made to one Party who ultimately refused to accept delivery of the package on June 7 (as documented
by UPS). Since June 7 is the closest thing to a delivery date we can document, we allowed 60 days until August 6 for this
Party to respond. No response was received.
It's now time to distribute CRA Revision 2 documenting its approved modifications. As you know, the CRA is a big
document — too big to e-mail. Duke Energy has consulted the Final Agreement Committee (FAC) and will be sending by
e-mail to all CRA Party Designated Representatives addendums to the December 22, 2006 CRA. The addendums will
consist of the Revision 2 modifications, identical to those all Parties voted on, specifying the effective date of the

modifications. Duke Energy will also revise the CRA and post Revision 2 with effective modifications incorporated on the
Duke Energy web page where other C -W Relicensing content is found.
Nice plan, but it has to be done in phases. The following two modifications are now effective:
• Repurpose East Wateree Access Area funding, CRA Section
10.27.35.4
• Additional option for funding for Upper Wylie Motorboat Launch Improvements CRA Section 10.27.21.3
The final approved modified version of these two CRA Sections are attached. Please place these with your CRA for future
reference. Soon I'll send a link where the updated CRA can be found.
The remaining three modifications have been approved by CRA Parties, but two (Change 6,000 cfs recreation flow
release at Wylie Hydro Station to 3,000 cfs and Add six inches to James, Norman, and Wylie summer Normal Target
Elevations) now must also be approved as amendments to the NC and SC water quality certifications. These two
modifications plus the third remaining modification (Technology flexibility for flood management at Lake Wateree) will
then have to be approved as license modifications by the Federal Energy Regulatory Commission. I expect to file the
water quality amendment application is approximately a week and pending the outcome of the water quality
amendment approval process, file for a license amendment by the end of the year. As soon as all license amendments
are approved, I will send addendums documenting they have become effective.
Whew. Not an easy process, but extremely rewarding to continue to implement and improve our agreement.

REVISION 2 of the Comprehensive Relicensing Agreement for the Catawba-
Wateree Hydro Project, FERC Project No. 2232
CRA Section 10.27.35.4, effective August 6, 2016:
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.

REVISION 2 of the Comprehensive Relicensing Agreement for the Catawba-
Wateree Hydro Project, FERC Project No. 2232
CRA Section 10.27.21.3, effective August 6, 2016:
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 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 10.27.21.3.