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HomeMy WebLinkAboutNC0004987_Issuance of Permit_20040109Michael F. Easley, Governor State of North Carolina William G. Ross, Jr., Secretary Department of Environment and Natural Resources Alan W. Klimek, P.E., Director Division of Water,Quality January 9, 2004 Mr. Michael A. Ruhe, Manager Environmental Support Duke Energy Corporation EC11E/526 South Church Street Charlotte, North Carolina 28202-1802 Subject: NPDES Permit Issuance Permit No. NC0004987 Marshall Steam Station Catawba County Dear Mr. Ruhe: Division personnel have reviewed and approved your application for modification of the subject permit. Accordingly, we are forwarding the attached modified NPDES discharge permit. This permit is issued pursuant to the requirements of North Carolina General Statute 143-215.1 and the Memorandum of Agreement between North Carolina and the U.S. Environmental Protection Agency dated May 9, 1994 (or as subsequently amended). below. Responses to your November 24, 2003 comments on the draft permit are summarized • Page numbers have been included. • The effluent limitations and monitoring requirements for outfall 004 have been moved to follow those for outfall 003. • The notes for outfall 004 have been modified to include a condition requiring submittal of DMRs for said outfall only after the FGD system begins operation. • The word "internal" has been deleted from Part I, condition 2 pertaining to outfall 002. • The spelling error in Part I, condition 7 has been corrected. • Part I, condition 11 has been modified to include language that waives the requirement to receive Division approval prior to use of a new biocide in an outfall containing whole effluent toxicity testing. • The reference to Buck Steam Station in Part I, condition 13 has been changed to Marshall Steam Station. • The word "minimum" in Part I, condition 16, number 7, has been changed to "maximum". As for comments regarding the boiler plate language, typographical errors will be corrected as they are identified. Boiler plate language, by definition, is standard language approved by US EPA and included in all NPDES discharge permits. The permittee should ignore those portions not applicable. Regarding monitoring frequencies and locations for internal outfall 004 from the FGD wastewater treatment system, thorough characterization of the wastewater entering the ash 1617 MAIL SERVICE CENTER, RALEIGH, NORTH CAROLINA 27699-1617 - TELEPHONE 919-733-5083/FAX 919-733-0719 VISIT US ON THE WEB AT http://h2o.enr.state.nc.us/NPDES Mr. Ruhe Marshall Steam Station - NC0004987 Page 2 settling basin is an absolute necessity to ensure protection of water quality. Furthermore, a characterization of the performance of the FGD wastewater treatment system is also imperative. However, recognizing the costs associated with the analytical monitoring prescribed in the draft permit, wetland influent monitoring has been eliminated in lieu of process monitoring to be conducted by Duke. Regarding the monitoring frequencies of those parameters of concern discharging from outfall 004 and perhaps 002, the Division strongly feels that weekly monitoring is appropriate given the potentially toxic nature of the discharge and the innovative nature of the treatment system. As such, weekly monitoring will be required for the remainder of the current permit (April 30, 2005). Monitoring frequencies will be re-evaluated upon permit renewal. Compliance with all terms and conditions of the attached permit is the responsibility of the Permittee. Please note that T15A 08G .0204 of the North Carolina Administrative Code has been interpreted to mean that the Operator in Responsible Charge is responsible for operation of water pollution control systems. If any parts, measurement frequencies or sampling requirements contained in this permit are unacceptable to you, you have the right to an adjudicatory hearing upon written request within thirty (30) days following receipt of this letter. This request must be in the form of a written petition, conforming to Chapter 150B of the North Carolina General Statutes, and filed with the Office of Administrative Hearings (6714 Mail Service Center, Raleigh, North Carolina 27699-6714). Unless such demand is made, this permit shall be final and binding. Please take notice that this permit is not transferable. This permit does not affect the legal requirements to obtain other permits which may be required by the Division of Water Quality or permits required by the Division of Land Resources, Coastal Area Management Act, or any other Federal or Local governmental permits which may be required. If you have any questions or need additional information, please do not hesitate to contact Mark McIntire of my staff at (919) 733-5083, extension 508. Sincerely, �a� 9 8%ned By Alan W. Klimek, P.E. cc: Central Files NPDES Unit Files Mooresville Regional Office Aquatic Toxicology Unit EPA Region 4 PERAUT NO. NC0004987 c STATE OF NORTH 'CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES DIVISION OF WATER QUALITY PERMIT TO DISCHARGE WASTEWATER UNDER THE NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM In compliance with the provisions of North Carolina General Statute 143-215.1, other lawful standards and regulations promulgated, and adopted by the North Carolina Environmental Management Commission, and the Federal Water Pollution Control Act, as amended, Duke Energy Corporation is hereby authorized to discharge wastewater from a facility located at Marshall Steam Station At the intersection of NC Highway 150 and NCSR 1841 Terrell Catawba County to receiving waters designated as the Catawba River (Lake Norman) in the Catawba River Basin in accordance with effluent, limitations, monitoring requirements, and other conditions set forth in Parts I, II, III and IV hereof. This permit shall become effective February 1, 2004. This permit and authorization to discharge shall expire at midnight on April 30, 2005. Signed this day January 9, 2004. ccdelfl, Red By Alan W. Klimek, P.E., Director Division of Water Quality By Authority of the Environmental Management Commission Page l of 13 5 ",* PERNUT NO. NC0004987 SUPPLEMENT TO PERMIT COVER SHEET All previous NPDES Permits issued to this facility, whether for operation or discharge are hereby revoked, and as of this issuance, any previously issued permit bearing this number is no longer effective. Therefore, the exclusive authority to operate and discharge from this facility arises under the permit conditions, requirements, terms, and provisions included herein. Duke Energy Corporation is hereby authorized to: Continue to discharge once -through cooling water and intake screen backwash through outfall 001; treated wastewater (consisting of metal cleaning wastes, coal pile runoff, ash transport water, domestic wastewater, low volume wastes, and FGD wet scrubber wastewater) from the ash settling basin through outfall 002; treated FGD wet scrubber wastewater through internal outfall 004 (upstream of the ash settling basin); yard sump overflows through outfalls 002A and 002B; and non -contact cooling water from the induced draft fan control house through outfall 003. All discharges result from activities at Duke Energy's Marshall Steam Station at the intersection of NC Highway 150 and NCSR 1841 in Terrell, Catawba County; 2. After receiving an Authorization to Construct from the Division of Water Quality, construct and operate a FGD wet scrubber wastewater treatment system discharging to the ash settling basin through internal outfall 004; and 3. Discharge from said treatment works at the locations specified on the attached map into the Catawba River (Lake Norman) which is classified WS -IV and B CA waters in the Catawba River Basin. Pale 2 of 13 RS uIeNs BP S I .Zz.9So98 r87�I -mr LIP N I9,9Eo987!3E I L86f,"DN P °7 —?a" Up-pb uogmdioD immo.1 mina 800 # ttesIno „LY,L9o08 •a�Y{� ys- L9,9Ep9E aphli I raArg a3 -'H ffm PM vwo TWO ,A1,,L9o0S BP S I .Zz.9So98 r87�I -mr zoo #!moo «6f,L9o08 P °7 .,zi,9Eo98 e,t t �9 o PART I SECTION A. FINAL LIMITATIONS AND CONTROLS 1. Effluent Limitations and Monitoring Requirements (Outfall 001) During the period beginning on the effective date of this permit and lasting until expiration, the Permittee is authorized to discharge from Outfall 001 (once -through cooling water). Such discharges shall be limited and monitored by the Permittee as specified below: NOTES: 1 Once -through cooling water shall not be chlorinated. Should the facility wish to chlorinate once - through cooling water, a permit modification must be issued prior to commencement of chlorination. The monitoring requirement and effluent limitations only apply if chlorination is commenced. There shall be no discharge of floating solids or visible foam in other than trace amounts. The Regional Administrator has determined pursuant to Section 316(a) of the Act that the thermal component of the discharge assures the protection and propagation of a balanced. indigenous population of shellfish and wildlife in and on the receiving body of water. Water quality temperature standards must be maintained outside the approved 316(a) mixing zone. Page 4 of 13 DISCHARGE LIMITATIONS MONITORING REQUIREMENTS EFFLUENT MonthlyDaily Measurement Sample Sample CHARACTERISTICS Average I Maximum Frequency Tye Location Pump logs or Flow (NIGD) Monitor & Report Daily similar Effluent readings Temperature 33.3 °C Daily Grab Effluent (November 1 - June 30 Temperature 34.4 °C Daily Grab Effluent ul 1 - October 31 Free Available Chlorinel 0.2 mg/L 0.5 mg/L Daily Grab Effluent NOTES: 1 Once -through cooling water shall not be chlorinated. Should the facility wish to chlorinate once - through cooling water, a permit modification must be issued prior to commencement of chlorination. The monitoring requirement and effluent limitations only apply if chlorination is commenced. There shall be no discharge of floating solids or visible foam in other than trace amounts. The Regional Administrator has determined pursuant to Section 316(a) of the Act that the thermal component of the discharge assures the protection and propagation of a balanced. indigenous population of shellfish and wildlife in and on the receiving body of water. Water quality temperature standards must be maintained outside the approved 316(a) mixing zone. Page 4 of 13 PART I 2. Effluent Limitations and Monitoring Requirements (Outfall 002) During the period beginning on the effective date of this permit and lasting until expiration, the Permittee is authorized to discharge from Outfall 002 (ash settling basin discharge). Such discharges shall be limited and monitored by the Permittee as specified below: EFFLUENT CHARACTERISTICS DISCHARGE LIMITATIONS MONITORING REQUIREMENTS Monthly Average Daily Maximum Measurement Frequency Sample Type Sample Location' Flow (NIGD) Monthly Pump logs or similar readings Effluent Oil and Grease 9.0 mg/L 12.0 mg/L Monthly Grab Effluent Total Suspended Solidsz 20.0 mg/L 65.0 mg/L Monthly Grab Effluent Total Arsenic3 Weekly Grab Effluent Total Cadmium; Weekly Grab Effluent Total Chromium+ Weekly Grab Effluent Chloride{ Weekly Grab Effluent Total Copper 1.0 mg/L 1.0 mg/L See note 5 Grab Effluent Total Iron 1.0 mg/L 1.0 mg/L See note 5 Grab Effluent Total Dlercuty{ Weekly Grab Effluent Total Nickel+ Weekly Grab Effluent Total Selenium3 Weekly Grab Effluent Total Silver+ Weekly Grab Effluent Total Zinc; Weekly Grab Effluent Total Nitrogen 'Monthly onthly Grab Effluent Total Phosphorus Monthly Grab Effluent Chronic Tonicity See Part I, Section A, #14 Quarterly Grab Effluent pH Between 6.0 and 9.0 Standard Units Monthly Grab Effluent Pollutant Analysis See Part I, Section A, #20 Grab Effluent NOTES: 1 Effluent sampling shall be conducted at the discharge from the ash settling basin prior to mixing with any other waste stream(s). 2 A total suspended solids monthly average of 40 mg/L is permitted provided the Permittee can demonstrate that the difference between the monthly average of 20 mg/L and 40 mg/L is the result of the concentration of total suspended solids in the intake water. 3 Monitoring for arsenic & selenium shall be conducted weekly when outfall 004 is discharging. When 004 is not discharging, monitoring shall revert to quarterly. 4 Monitoring is required only when outfall 004 is discharging. 5 Monitoring shall be per occurrence of chemical metal cleaning and samples shall be from a representative discharge. There shall be no discharge of floating solids or visible foam in other than trace amounts. Page 5 of 13 It PART I 3. Effluent Limitations and Monitoring Requirements (Outfall 002A) During the period beginning on the effective date of this permit and lasting until expiration, the Permittee is authorized to discharge from Outfall 002A (yard sump #1 overflows). Such discharges shall be limited and monitored by the Permittee as specified below: EFFLUENT CHARACTERISTICS DISCHARGE LIMITATIONS MONITORING REQUIREMENTS Monthly Average Daily Maximum Measurement Sample Frequency Type Sample Location' Flow (NIGD) Episodic Estimate Effluent PH Episodic Grab Effluent Total Suspended Solids Episodic Grab Effluent Total Iron _ See note 2 Grab Effluent NOTES: 1 Effluent samples shall be collected at a point upstream of the discharge to the Catawba River. 2 Sampling, for iron is required when TSS is reported as greater than 100 mg/L. There shall be no discharge of floating solids or visible foam in other than trace amounts. All flows shall be reported on monthly DMRs. Should no flow occur during a given month, the words "No Flow" shall be clearly written on the front of the DMR. Episodic sampling is required per sump overflow occurrence lasting longer than one hour. All samples shall be of a representative discharge. Pale 6 of 13 PART I 4. Effluent Limitations and Monitoring Requirements (Outfall 002B) N During the period beginning on the effective date of this permit and lasting until expiration, the Permittee is authorized to discharge from Outfall 002B (yard sump #2 overflows). Such discharges shall be limited and monitored by the Permittee as specified below: EFFLUENT CHARACTERISTICS DISCHARGE LIMITATIONS MONITORING REQUIREMENTS Monthly Average' Daily Maximum Measurement Frequency Sample Sample Type Location' Flow (MGD) Episodic Estimate Effluent pH Episodic Grab Effluent Total Suspended Solids Episodic Grab Effluent Total Iron See note 2 Grab Effluent NOTES' 1 Effluent samples shall be collected at a point upstream of the discharge to the Catawba River. 2 Sampling for iron is required when TSS is reported as greater than 100 mg/L. There shall be no discharge of floating solids or visible foam in other than trace amounts. All flows shall be reported on monthly DMRs. Should no flow occur during a given month, the words "No Flow" shall be clearly written on the front of the DMR Episodic sampling is required per sump overflow occurrence lasting longer than one hour. All samples shall be of a representative discharge. Page 7 of 13 PART I 5. Effluent Limitations and Monitoring Requirements (Outfall 003) During the period beginning on the effective date of this permit and lasting until expiration, the Permittee is authorized to discharge from Outfall 003 (non -contact cooling water from the induced draft fan control house). Such discharges shall be limited and monitored by the Permittee as specified below: EFFLUENT CHARACTERISTICS DISCHARGE LIMITATIONS MONITORING REQUIREMENTS Monthly Average' Daily Maximum Measurement Frequency Sample Type Sample Location Flow (i fGD) Temperature' Total Residual Chlorine' - Free Available Chlorine'- 0.2 mg/L 0.5 mg/L PH Between 6.0 and 9.0 Standard Units NOTES: 1 The temperature of the effluent shall be such as not to cause an increase in the temperature of the receiving stream of more than 2.8oC and in no case cause the ambient water temperature to exceed 29oC. 2 Monitoring requirements apply only if chlorine is added to the cooling water. Neither free available chlorine nor total residual chlorine may be discharged from any unit for more than two hours in any one day and not more than one unit in any plant may discharge free available chlorine or total residual chlorine at any one time. There shall be no discharge of floating solids or visible foam in other than trace amounts. Limitations shall be met at the discharge effluent. Monitoring frequencies are not specified as the discharge is to the intake canal for outfall 001. Page 8 of 13 PART I 6. Effluent Limitations and Monitoring Requirements (Outfall 004) During the period beginning on the effective date of this permit and lasting until expiration, the Permittee is authorized to discharge from- Internal Outfall 004 (treated FGD wet scrubber wastewater to ash settling basin). Such discharges shall be limited and monitored by the Permittee as specified below: EFFLUENT CHARACTERISTICS DISCHARGE LIMITATIONS MONITORING REQUIREMENTS Monthly Average 7 Daily Maximum Measurement Frequency Sample Type Sample Locations Flow (MGD) Monitor & Report Monthly Pump logs or similar readings E Total Suspended Solids Monitor & Report Meekly Grab E Total Arsenic Monitor & Report Weekly Grab E Total Cadmium Monitor & Report Weekly Grab E Total Chromium Monitor & Report Weekly Grab E Chloride monitor & Report Weekly Grab E Total Mercury Monitor & Report Weekly Grab E Total Nickel Monitor & Report Weekly Grab E Total Selenium Monitor & Report Weekly Grab E Total'Silver Monitor & Report Weekly Grab E Total Zinc Monitor & Report Weekly Grab E NOTES: 1 Sample Location: E - Effluent from the constructed wetland prior to discharge to the ash settling basin. All flows shall be reported on monthly DMRs. Should no flow occur during a given month, the words "No Flow" shall be clearly written on the front of the DMR. All samples shall be of a representative discharge. DMRs for this outfall shall be submitted only after discharge commences from the FGD system. Page 9 of 13 PART I 7. DEFINITIONS The term "low volume waste sources" means„ taken collectively as if from one source, wastewater from all sources except those for which specific limitations are otherwise established in this part. Low volume wastes sources include, but are not limited to: Wastewater from wet scrubber air pollution control systems, ion exchange water treatment system, water treatment evaporator blowdown, laboratory and sampling streams, boiler blowdown, floor drains, and recirculating house service water systems. Sanitary and air conditioning wastes are not considered low volume wastes. The term "metal cleaning waste" means any wastewater resulting from cleaning (with or without chemical cleaning compounds) any metal process equipment including, but not limited to, boiler tube cleaning, boiler fireside cleaning, and air preheater cleaning. The term, "chemical metal cleaning waste" means any wastewater resulting from the cleaning of any metal process equipment with chemical compounds, including, but not limited to, boiler tube cleaning. Chemical metal cleaning will be conducted according to approved Duke Power equivalency demonstration. The term "FGD wet scrubber wastewater" means wastewater resulting from the use of the flue -gas desulfurization wet scrubber. 8. TOXICITY RE -OPENER CONDITION This permit shall be modified, or revoked and reissued to incorporate toxicity limitations and monitoring requirements in the event toxicity testing or other studies conducted on the effluent or receiving stream indicate that detrimental effects may be expected in the receiving stream as a result of this discharge. 9. MONITORING FREQUENCIES If the Permittee, after monitoring for at least six months, determines that effluent linuts contained herein are consistently being met, it may be requested of the Director that the monitoring requirements be reduced to a lesser frequency. 10. POLYCHLORINATED BIPHENYL COMPOUNDS There shall be no discharge of polychlorinated biphenyl compounds such as. those commonly used for transformer fluid. 11. BIOCIDE CONDITION The permittee shall not use any biocides except those approved in conjunction with the permit application. The permittee shall notify the Director in writing not later than ninety (90) days prior to instituting use of any additional biocide used in cooling systems which may be toxic to aquatic life other than those previously reported to the Division of Water Quality. Such notification shall include completion of Biocide Worksheet Form 101 and a map locating the discharge point and receiving stream. Completion of Biocide Worksheet Form 101 is not necessary for those outfalls containing toxicity testing. Division approval is not necessary for the introduction of new biocides into outfalls currently tested for whole effluent toxicity. 12. INTAKE SCREEN BACKWASH Continued intake screen backwash discharge and overflow from the settling basin are permitted without limitations or monitoring requirements. 13. BEST MANAGEMENT PRACTICES It has been determined from information submitted that the plans and procedures in place at Marshall Steam Station are equivalent to that of a Best Management Practice (BMP). Pa -0e 10 of 13 PART I 14. CHRONIC TOXICITY PASS/FAIL PERAUT LIbUT (QUARTERLY) The effluent discharge shall at no time exhibit observable inhibition of reproduction or significant mortality to Ceriodaphnia dubia at an effluent concentration of 12%. The permit holder shall perform at a minimum, auarterlu monitoring using test procedures outlined in the "North Carolina Ceriodaphnfa Chronic Effluent Bioassay Procedure," Revised February 1998, or subsequent versions or "North Carolina Phase II Chronic Whole Effluent Toxicity Test Procedure" (Revised -February 1998) or subsequent versions. The tests will be performed during the months of February, May, August, and November. Effluent sampling for this testing shall be performed at the NPDES permitted final effluent discharge below all treatment processes. If the test procedure performed as the first test of any single quarter results in a failure or ChV below the permit limit, then multiple -concentration testing shall be performed at a minimum, in each of the two following months as described in "North Carolina Phase II Chronic Whole Effluent Toxicity Test Procedure' (Revised -February 1998) or subsequent versions. The chronic value for multiple concentration tests will be determined using the geometric mean of the highest concentration having no detectable impairment of reproduction or survival and the lowest concentration that does have a detectable impairment of reproduction or survival. The definition of "detectable impairment," collection methods, exposure regimes, and further statistical methods are specified in the "North Carolina Phase II Chronic Whole Effluent Toxicity Test Procedure' (Revised - February 1998) or subsequent versions. All toxicity testing results required as part of this permit condition will be entered on the Effluent Discharge Monitoring Form (MR -1) for the months in which tests were performed, using the parameter code TGP3B for the pass/fail results and THP3B for the Chronic Value. Additionally, DWQ Form AT -3 (original) is to be sent to the following address: Attention: Environmental Sciences Branch North Carolina Division of Water Quality 1621 Mail Service Center Raleigh, North Carolina 27699-1621 Completed Aquatic Toxicity Test Forms shall be filed with the Environmental Sciences Branch no later than 30 days after the end of the reporting period for which the report is made. Test data shall be complete, accurate, include all supporting chemical/physical measurements and all concentration/response data, and be certified by laboratory supervisor and ORC or approved designate signature. Total residual chlorine of the effluent toxicity sample must be measured and reported if chlorine is employed for disinfection of the waste stream. Should there be no discharge of flow from the facility during a month in which toxicity monitoring is required, the permittee will complete the information located at the top of the aquatic toxicity (AT) test form indicating the facility name, permit number, pipe number, county, and the month/year of the report with the notation of "No Flow" in the comment area of the form. The report shall be submitted to the Environmental Sciences Branch at the address cited above. Should the permittee fail to monitor during a month in which toxicity monitoring is required, monitoring will be required during the following month. Should any test data from this monitoring requirement or tests performed by the North Carolina Division of Water Quality indicate potential impacts to the receiving stream, this permit may be re -opened and modified to include alternate monitoring requirements or limits. NOTE: Failure to achieve test conditions as specified in the cited document, such as minimum control organism survival, minimum control organism reproduction, and appropriate environmental controls, shall constitute an invalid test and will require immediate follow-up testing to be completed no later than the last day of the month following the month of the initial monitoring. Page 11 of 13 PART I IL 5. ASH SETTLING BASIN Beginning on the effective date of this permit and lasting until expiration, there shall be no discharge of plant wastes to the ash pond unless the permittee provides and maintains at all times -a minimum free water volume equivalent to the sum of the maximum 24-hour plant discharges plus all direct rainfall and all runoff flows to the pond resulting from a 10 -year, 24-hour rainfall event, when using a runoff coefficient of 1.0. During the term of the permit, the permittee shall remove settled material from the ponds or otherwise enlarge the available storage capacities in order to maintain the required minimum volumes at all times. Annually the permittee shall determine and report to the permit issuing authority: (1) the actual free water volume of the ash pond, (2) physical measurements of the dimensions of the free water volume in sufficient detail to allow validation of the calculated volume, and (3) a certification that the required volume is available with adequate safety factor to include all solids expected to be deposited in the ponds for the following year. Any changes to plant operations affecting such certification shall be reported to the Director within five days. NOTE: In the event that adequate volume has been certified to exist for the term of the permit, periodic certification is not needed.- 16. eeded. 16. CHEMICAL METAL CLEANING WASTES It has been demonstrated that under certain conditions it is possible to reduce the concentration of metals in boiler cleaning wastes in the range of 92 to 99+ percent by treatment in ash ponds. Because of dilution problems, and the existence of boundary interface layers at the extremities of the plume, it is difficult to prove beyond doubt that the quantity of iron and copper discharged will always be less than one milligram per liter times the flow of metal cleaning when treated in this manner. The application of physical/chemical methods of treating wastes has also been demonstrated to be effective in the treatment of metal cleaning wastes. However, the effectiveness of ash pond treatment should be considered in relation to the small differences in effluent quality realized between the two methods. It has been demonstrated that the presence of ions of copper, iron, nickel, and zinc in the ash pond waters was not measurably increased during the ash pond equivalency demonstration at the Duke Power Company's Riverbend Steam Station. 'Therefore, when the following conditions are implemented during metal cleaning procedures, effective treatment for metals can be obtained at this facility: (1) Large ash basin providing potential reaction volumes. (2) Well-defined shallow ash delta near the ash basin influent. (3) Ash pond pH of no less than 6.5 prior to metal cleaning waste addition. (4) Four days retention time in ash pond with effluent virtually stopped. (5) Boiler volume less than 86,000 gallons. (6) Chemicals for cleaning to include only one or more of the following: (a) Copper removal step- sodium bromate, NaBr03; ammonium carbonate, (NH4)2CO3; and ammonium hydroxide, NH40H. (b) Iron removal step -hydrochloric acid, HCl; and ammonium bifluoride, (NH4)BF2 and proprietary inhibitors. ,(7) Maximum dilution of wastes before entering ash pond 6 to 1. (8) After treatment of metal cleaning wastes, if monitoring of basin effluents as required by the permit reveals discharges outside the limits of the permit, the permittee will re -close the basin discharge, conduct such in -basin sampling as necessary to determine the cause of nonconformance, will take appropriate corrective actions, and will file a report with EPA including all pertinent data. 17. FLOATING MATERIALS The Permittee shall report all visible discharges of floating materials, such as an oil sheen, to the Director when submitting DMRs. 18. DIKE INSPECTIONS The permittee shall check the diked areas for leaks by a visible inspection and shall report any leakage detected. Page 12 of 13 PART I 19. CHEMICAL DISCHARGES Discharge of any product registered under the Federal Insecticide, Fungicide, and Rodenticide Act to any waste stream which may ultimately be released to lakes, rivers, streams or other waters of the United States is prohibited unless specifically authorized elsewhere in this permit. Discharge of chlorine from the use of chlorine gas, sodium hypochlorite, or other similar chlorination compounds for disinfection in plant potable and service water systems and in sewage treatment is authorized. Use of restricted use pesticides for lake management purposes by applicators licensed by the N.C. Pesticide Board is allowed. 20. PRIORITY POLLUTANT ANALYSIS The Permittee shall conduct a priority pollutant analysis (in accordance with 40 CFR Part 136) once per permit cycle at outfall 002 and submit the results with the application for permit renewal. 21. WAIVERS Nothing contained in this permit shall be construed as a waiver by permittee or any right to a hearing it may have pursuant to State or Federal laws or regulations. Page 13 of 13 DENR/DWQ FACT SHEET ADDENDUM NPDES No. NC0004987 Mark McIntire, NPDES UNIT October 10, 2003 This is a fact sheet addendum for a major modification at Duke Energy's Marshall Steam Station currently permitted in North Carolina as NC0004987. In association with Clean Smokestacks legislation, Duke Energy will be installing a flu -gas desulfurization (FGD) wet scrubber. This scrubber will generate a wastewater needing treatment prior to discharge. This permit modification allows for the discharge of treated FGD wastewater to the ash pond. An internal outfall (004) has been established for the effluent from the FGD treatment system. Weekly influent and effluent monitoring has been established at outfall 004 for flow, arsenic, cadmium, chromium, chloride, mercury, nickel, selenium, silver, suspended solids, and zinc. This influent/ effluent monitoring should allow the facility to assess the effectiveness of its FGD treatment system. Internal outfall 004 will discharge to the ash settling basin which is currently permitted as outfall 002. Monitoring for the above mentioned parameters has been installed for outfall 002 and is required only when outfall 004 is discharging. Duke Energy has been working with faculty from Clemson University to identify FGD wastewater treatment options. Pilot scale constructed wetlands have provided positive results. Current plans are to construct a clarifier, equalization basin, and constructed wetland to treat the FGD wastewater. Mars11a11 Stearn Station FG1) 'Moc: i:,:cntloll pagie 1 SCHEMATIC OF AIR AND WATER FOR FGD PROJECT 1 AIR lNS Subject: PHONE CALL ;From: "Robert R Wylie" <rrwylie@duke-energy.com> Rate: Tue, 6 Jan 2004 20:16:39 -0500 ` To: mark.mcintire@ncmail.net Mark, Would you be available this week (30 min.) to discuss a few items with me? I am currently open all day on Thursday and could call you anytime it suits you. Besides Thursday, Wednesday after 2:00 p.m. and Friday after 2:00 p.m. are other days this week that we could talk. The items most pressing to me are: 1. The NPDES permit modification for Marshall's FGD system addition. 2. The ATC for Marshall's FGD wastewater treatment system. J 3. A need to use a product at Belews Creek to clean oil out of a system. 4. The recently submitted NPDES application for Buck Steam Station. Thanks, Robert s6 '"4�L 1 �� / -e, f �,,fS4 sa/f VS, 1 of 1 1/8/2004 9:53 AM NCO084581 Subject: NCO084581 From: Randy Jones <randy.jones@ncmail.net> Date: Mon, 08 Sep 2003 09:21:40 -0400 To: Mark Mcintire <Mark.Mcintire@ncmail.net> CC: Kirk Stafford <Kirk. Stafford@ ncmail.net> Mark, We noticed that the issued permit for Wilson Technical Community College (NC0084581) incorrectly listed Wake County on the cover letter. 1 of 1. 9/29/03 8:22 AM Subject: MARSHALL NPDES PERMIT From: '-'Robert R Wylie" <rrwylie@duke-energy.com> Date: Mon, 8 Dec 2003 14:09:01 -0500 To: mark.mcintire@ncmail.net Mark, The following are some very minor changes needed that I wanted to e-mail to you instead of putting into the formal letter: Part I item 16. (8) appears to have a period in mid sentence after the word "permit". Boiler plate......... page 4 of 16 item 4 "USG" should be "USC" Boiler plate......... page 8 of 16, item 5 b (3) .............the (B) reference with Part II E.6.(b) does not exist in the draft permit. Boiler plate......... page 8 of 16, item 5 .........the (d) should be a (c) Boiler plate......... page 10 of 16, item E 2 c. the word "alternation" should be "alteration". These items were noted to me. Since they are typos, etc. I thought an e-mail would be the best way to let you know. Thanks, Robert 1 of 1 1/6/2004 8:29 AM s, 1, DWQ EMPLOYEE PHONE LIST -- 12/2/02 Page 13 NAME SECTION/REGION LOCATION MSC/COURIER OFFICE PHONE FAX NUMBS E-MAIL ADDRESSES Wilcox, Betty GW Parker Lincoln MSC 1636 715-6167 (919) 715-0588 betty.wilcox@ncmail.net Williams, Ed ESB - WQ 4401 Reedy Creek Rd (WQ La MSC 1621 733-6510, Ext. 217 (919) 733-9959 ed.williams@ncmail.net Williams, Harold Chem Lab - Support 4405 Reedy Creek Rd MSC 1623 733-3908, Ext. 219 (919) 733-6241 harold.williams@ncmail.net Williams, Sonja WSRO-WQ WSRO Courier 13-15-01 (336) 771-4608. Ext. 215 (336) 771-4630 sonja.williams@ncmail.net Williford, Nancy CG & L Parker Lincoln MSC 1633 715-6226 (919) 715-6229 nancy.williford@ncmail.net Wilson, Stephanie NON - DISCHARGE WQ Archdale -12th floor MSC 1617 733-5083, Ext. 556 (919) 715-6048 stephanie.wilson@ncmail.net Wilson, Susan POINT SOURCE - WQ Archdale - 9th floor MSC 1617 733-5083, Ext. 510 (919) 733-0719 susan.a.wilson@ncmail.net Wolfe, Greg GW Parker Lincoln MSC 1636 715-6420 (919) 715-0588 greg.n.wolfe@ncmail.net Woolfolk, Michelle PLANNING - WQ Archdale - 7th floor MSC 1617 733-5083, Ext. 505 (919) 715-2941 michelle.woolfolk@ncmail.net Worst, Teresa NRRT - NEW BERN New Bern Courier 16-67-01 (252) 514-4748 (252) 514-4903 teresa.worst@ncmail.net Wrenn, Brian NON - DISCHARGE WQ Archdale - 13th floor MSC 1617 733-5083, Ext. 529 (919) 715-6048 brian.wrenn@ncmail.net Wynn, Jason PLANNING - WQ Archdale - 6th floor MSC 1617 733-5083, Ext. 351 (919) 715-5637 jason.wynn@ncmail.net Xu, Lin PLANNING - WQ Archdale - 6th floor MSC 1617 733-5083, Ext. 357 (919) 715-5637 lin.xu@ncmail.net Yarborough,Elizabeth ADMIN Archdale - 9th floor MSC 1617 733-7015, Ext. 240 (919) 733-2496 elizabeth.yarborough@ncmail.net Yocum, Tom WSRO-WQ WSRO Courier 13-15-01 (336) 771-4600, Ext. 382 (336) 771-4631 tom.yocum@ncmail.net York, Marion CG & L Parker Lincoln MSC 1633 715-6207 (919) 715-6229 marion.york@ncmail.net Young, Cheryl Chem Lab - Organics 4405 Reedy Creek Rd MSC 1623 733-3908, Ext. 238 (919) 733-6241 cheryl.young@ncmail.net Yount, Michael WARO-WQ WARO Courier 16-04-01 (919) 946-6481, Ext. 344 (252) 946-9215 mike.yount@ncmail.net Zarzecki, Bob WETLANDS/401 Parkview Building MSC 1650 • .. 733-9726. (919) 733-6893 bob.zarzeeki@ncmai1.net Zimmerman, Jay RRO-GW 3800 Barrett Drive - RRO Courier 52-01-00 571-4700, Ext. 252 (919) 571-4718 jay.zimmerman@ncmail.net Zoufaly, Steve PLANNING - WQ Archdale - 6th floor MSC 1617 733-5083, Ext. 566 (919) 715-5637 steve.zoufaly@ncmail.net V Duke `Power® A Duke Energy Company November 24, 2003 To: Mark McIntire North Carolina Department of Environment, and Natural Resources Division of Water Quality - 1617 Mail Service Center Raleigh, North Carolina 27699-1617 Subject: Marshall Steam Station Proposed Modification to NPDES Permit No. NC0004987 Dear Mr. McIntire: FOSSIL -HYDRO GENERATION Duke Power EC11E / 526 South Church Street Charlotte, NC 28202-1802 IT L DEC 10 2003 r(JENr7-t"VA i ESR'. OUALfTY With reference to the proposed subject NPDES permit modification, Duke Energy Corporation (Duke) offers the following comments. The modified NPDES permit includes weekly monitoring for the influent and effluent of the new internal waste water treatment system (WWTS) and also weekly monitoring at the current WWTS (outfall 002) for several new parameters. Duke requests that the monitoring frequency be revised from weekly to monthly for the new identified NPDES parameters and also that the monitoring requirements for the influent to the new WWTS be eliminated. Duke plans to install a constructed wetland waste water treatment system in order to treat the flue gas desulfurization (FGD) waste water. The pilot study being conducted at Clemson University indicates that this treatment system will sufficiently remove targeted pollutants. Additionally, once the new WWTS is installed and in operation, Duke plans to conduct in -process monitoring in order to ensure that the system is operating as designed. This monitoring will focus on several of the parameters that are identified in the proposed NPDES permit, in addition to other performance parameters as determined by the system designer. Additional comments on the subject permit are as follows: �It is requested that page numbers be included. t2. It is requested that the page for outfall 004 follow the page for outfall 003. 'Under the "NOTES" for outfall 004 it is requested that a statement be inserted that the submittal of monthly DMRs is only required once the FGD system begins operation. This will reduce the paper work until the operation begins. www. dukepower. com -u4 On the page entitled "3. Effluent Limitations and Monitoring Requirements Outfall 002", in the first paragraph it states that outfall 002 is an "internal" outfall. This outfall is actually a "final" outfall. Therefore, it is requested that "internal" be replaced with the word "final". 1'S. Under Part I. item 7.,, the word "flue" is misspelled. Under Part I. item 11., the wording used in other NPDES permits provides further clarification on when the Biocide Worksheet 101 is not required. The current wording in other NPDES permits states," Completion of Biocide Worksheet Form 101 is not necessary for those outfalls containing toxicity testing. Division approval is not necessary for the introduction of a new biocide into an outfall currently being tested for toxicity." It is requested that this wording be included in the NPDES permit for Marshall Steam Station. X/I.eiUnder Part I. item 13., "Buck Steam Station is referenced instead of "Marshall Steam Station". It is requested that the reference be changed to "Marshall Steam Station". -►moi. Under Part I. item 16. (7), the word "Minimum" should actually be changed to "Maximum". This restricts the chemical cleaning from being diluted and suspending the metals during a chemical metals cleaning. 9. In Parts II and IV references are made to municipalities. This new wording does not apply to Marshall Steam Station since it is not considered a municipality. In order to minimize some potential misinterpretations, it is Duke preference that the paragraphs that refer to municipalities be deleted. Duke appreciates the opportunity to review and provide comments on this proposed permit modification. We will be glad to meet and discuss any items that you would like to discuss further. If you need additional information or have any questions please contact Robert Wylie at (704) 382-4669. Sincerely, Vint"Al'X t, fit..4� Michael A. Ruhe, Manager Environmental Support cc: Ms. Karrie-Jo Robinson -Shell - USEPA Region IV Mr. Michael Parker — NCDENR Mooresville Regional Office imap://marls.mcintire"/o4Uclwq.aenr.ncmaii.netUcros.ncmaii.net: t4... Subject: Re: Marshall Steam Station Modification From: Shell.Karrie-Jo@epamail.epa.gov Date: Wed, 22 Oct 2003 11:15:27 -0400 To: Mark McIntire <mark.mcintire@ncmail.net> CC: Dominy.Madolyn@epamail.epa.gov, susan.a.wilson@ncmail.net Mark, I suggest you include in the permit a re -opener in -the event that monitoring from 004 or 002 shows that limits are need. This could be based on 12 -months worth of data. Karrie-Jo Robinson -Shell, P.E. 1 of 1 1/6/2004 8:29 AM DWQ EMPLOYEE PHONE LIST -- 12/2/02 ` Page 8 NAME SECTION/REGION LOCATION MSC/COURIER OFFICE PHONE FAX NUMBER E-MAIL ADDRESSES Lewis, Linda WIRO-WQ WIRO Courier 04-16-33 (910) 395-3900, Ext. 210 (910) 350-2004 linda.lewis@ncmail.net Lewis, Steve NON - DISCHARGE WQ Archdale - 13th floor MSC 1617 733-5083, Ext. 539 (919) 733-0059 steve.lewis@ncmail.net Lieber, Marcia PLANNING - WQ Archdale - 6th floor MSC 1617 733-5083, Ext. 530 (919) 715-5637 marcia.lieber@ncmail.net Livingston, David Chem Lab - Certification 4405 Reedy Creek Rd MSC 1623 733-3908, Ext. 272 (919) 733-6241 david.livingston@ncmail.net Lopez, Dale FRO-WQ FRO Courier 14-56-25 (910) 486-1541, Ext. 712 (910) 486-0707 dale.lopez@ncmail.net Love, Barry MRO-WQ MRO Courier 09-08-06 (704) 66371699, Ext. 230 (704) 663-6040 barry.love@ncmail.net Lutheran, Noelle WIRO-WQ WIRO Courier 04-16-33 (910) 395-3900, Ext. 211 (910) 350-2004 noelle.lutheran@ncmaiI.net MacPherson, Trish ESB - WQ 4401 Reedy Creek Rd (WQ La MSC 1621 733-6946, Ext. 238 (919) 733-9959 trish.macpherson@ncmail.net Madden, Cecil CG & L Parker Lincoln MSC 1633 715-6203 (919) 715-6229 cecil.madden@ncmail.net Mangum, Bob RRO-WQ 3800 Barrett Drive - RRO Courier 52-01-00 571-4700, Ext. 266 (919) 571-4718 bob.mangum@ncmail.net Manning, Jeff PLANNING - WQ Archdale - 6th floor MSC 1617 733-5083, Ext. 579 (919) 715-5637 jeffmanning@ncmail.net Manuel, Vanessa POINT SOURCE - WQ Archdale - 9th floor MSC 1617 733 -5083, -Ext. 532 (919) 733-9612 vanessa.manuel@ncmail.net Markham, Robin PLANNING - WQ Archdale - 6th floor MSC 1617 733-5083, Ext. 558 (919) 715-5637 robin.markham@ncmail.net Martin, Jesse GW-KINSTON 1766 HWY 258 South Kinston, NC 285 252) 523-3620 (252) 523-7484 gwdrillers@eastlink.net Massengale, Susan ADMIN-PIO Archdale - 9th floor MSC 1617 733-7015, Ext. 227 (919) 733-2496 susan.massengale@ncmail.net Mathis, Stonewall WQ-WIRO WIRO Courier 04-16-33 (910) 395-3900, Ext. 203 (910) 350-2004 stonewall.mathis@ncmail.net Matthews, Matt ESB - WQ 4401 Reedy Creek Rd (WQ La MSC 1621 733-2136, Ext. 256 (919) 733-9959 matt.matthews@ncmail.net Mauney, Steve WSRO-WQ WSRO Courier -13-15-01 (336) 771-4608, Ext. 262 (336) 771-4630 steve.mauney@ncmail.net May, David WARO-GW WARO Courier 16-04-01 (252) 946-6481, Ext. 357 (252) 975-3716 david.may@ncmail.net McCoy, Don Chem Lab - Micro & Inorg. 4405 Reedy Creek Rd MSC 1623 733-3908, Ext. 215 (919) 733-6241 don.mccoy@ncmail.net McDonald, Michael ARO-WQ (Haywood Park ium ARO Courier 12-78-05 (828) 232-4997 (828) 251-6242 mike.mcdonald@ncmail.net McGee, Keyes POINT SOURCE - WQ Archdale - 7th floor MSC 1617 733-5083, Ext. 580 (919) 715-2941 keyes.mcgee@ncmail.net McIntire, Mark POINT SOURCE - WQ Archdale - 9th floor MSC 1617 733-5083, Ext. 508 (919) 733-0719 markmcintire@ncmail.net McNutt, Cam PLANNING - WQ Archdale - 6th floor MSC 1617 733-5083, Ext. 575 (919) 715-5637 cam.mcnutt@ncmail.net McPherson, Fran ADMIN BUDGET Archdale - 9th floor MSC 1617 733-7015, Ext. 210 (919) 733-9919 fran.mcpherson@ncmail.net Merritt, Daryl NON - DISCHARGE WQ Archdale - 13th floor MSC 1617 733-5083, Ext. 581 (919) 715-6048 daryl.merritt@ncmail.net Messenger, Harold RRO-GW 3800 Barrett Drive - RRO Courier 52-01-00 571-4700, Ext. 250 (919) 571-4718 harold.messenger@ncmail.net Mew, Ted GW Parker Lincoln MSC 1636 715-6182 (919) 715-0588 ted.mew@ncmail.net Meyer, James (Jim) Chem Lab - Certification 4405 Reedy Creek Rd MSC 1623 733-3908, Ext. 207 (919) 733-6241 james.meyer@ncmail.net Mickens, Brenda Chem Lab -Organics 4405 Reedy Creek Rd MSC 1623 733,;3908, Ext. 229 (919) 733-6241 brenda.mickens@ncmail.net Mickey, Michael WSRO-WQ WSRO Courier 13-15-01 (336) 771-4600, Ext. 264 (336) 771-4630 mike.mickey@ncmail.net Miguez, Kristin NON - DISCHARGE WQ Archdale - 12th floor MSC 1617 733-5083, Ext. 524 (919) 715-6048 kristin.miguez@ncmail.net Mills, Bill POINT SOURCE - WQ Archdale - 9th floor MSC 1617 733-5083, Ext. 548 (919) 733-9919 bill.mills@ncmail.net Miller, Kevin Wetlands Restoration Program Home -Based XXXXXXX (919) 733-5243 (xxx) XXXXX kevin.miller@ncmail.net Milosh, Ray GW Parker Lincoln MSC 1636 71576185 (919) 715-0588 ray.milosh@ncmail.net Minnick, Ted ARO -GW ARO lCourier 12-59=01 (828) 251-6208, Ext. 268 (828) 251-6452 ted.minnick@ncmail.net Mitchell, Helena IADMIN BUDGET jArchdale - 9th floor IMSC 1617 733-7015, Ext. 218 (919) 733-2496 helena.lucas@ncmail.net Re: MARSHALL PERMIT MODIFICATION Subject: Re: MARSHALL PERMIT MODIFICATION From: "Robert R Wylie" <rrwylie @ duke-energy.com> Date: Thu, 16 Oct 2003 18:07:19 -0400 To: Mark McIntire <mark.mcintire@ncmail.net> Mark, Thanks for all of your efforts to issue a draft modified NPDES permit. Duke appreciates the opportunity to comment on this draft permit. It will be good to get the permit in place so we can follow with an ATC for the treatment system in the first quarter of 2004. With reference to our telephone conversation yesterday, I wanted to follow-up on some of the items that we discussed. If possible, it will be _ most appreciated if some of our requests could be incorporated prior to - public notice. If -not, I understand. Duke may submit comments in the form of a letter during the commenting period, after a little more time to review the permit. But I think the following addresses'the main items that are of interest to Duke. The biggest issues are with the frequency of monitoring and also having to monitor the.influent to an internal waste water treatment system. As mentioned yesterday, Duke will be conducting its own in -process monitoring routinely to ensure that the treatment system works as designed and also indicated by the pilot study. There may also be a few parameters that we may propose to be dropped, based on estimated concentrations, but that can - be addressed later. Once the FGD system is in operation for all four units, the constructed wetlands should receive FGD wastewater almost everyday._ Being a base load station it is very rare that at least one unit is not operating at all times. Most of the time all four units,are in operation. So overtime, a 1 of 4 10/22/03 9:14 AM Re: MARSHALL PERMIT MODIFICATION monthly sample program should be sufficient to determine the peaks and valleys of the parameters that are of concern. In addition a lot of time, cost and effort has been put into the pilot study to show that the proposed constructed wetland treatment system will successfully remove parameters of concern. This technology also may ultimately prove to aid other industries that may have difficulties in removing the same parameters. In summary, for monitoring Duke requests that the frequency of monitoring for the new parameters listed for outfalls 002 and 004 be set at once per month and that the requirement to monitor at the influent to the constructed wetland treatment system be removed under outfall 004. A few other comments are as follows: Until the FGD system becomes operational it is requested that a DMR need not be completed for outfall 004. This will relief the site from having to write "No Flow" across a DMR page for this outfall in the interim. Part I, 3. - Effluent Limitations and Monitoring Requirements - delete the word "Internal" for outfall 002. Part I, #7 - Definitions (last sentence) - Change "flu -gas" to "flue -gas". Part I, #11 - Biocide Condition - Some NPDES permits include wording that states "Division approval is not necessary for the introduction of a new biocide into an outfall currently being tested for toxicity." It is understood that this is the policy of NCDENR and would help to provide additional clarification for Marshall. Part I, #13 - Best Management Practices - Please change "Buck" to "Marshall". Part I, #16 - Chemical Metal Cleaning Wastes - Item (7) should state "maximum" instead of "minimum" dilution of wastes before entering ash pond 6 to 1. 2 of 4 10/22/03 9:14 AM Re: MARSHALL PERMIT MODIFICATION Please contact me if you have any questions. Thanks again for the opportunity to provide some comments. Sincerely, Robert 704 382-4669 Mark McIntire <mark.mcintire@nc To: Robert R Wylie <rrwylie@duke-energy.com> mail.net> cc: Subject: Re: MARSHALL PERMIT MODIFICATION 10/10/2003 11:22 i Robert, Attached is the draft permit for Marshall. I went ahead and updated the entire permit, but really the only changes are to the supplement page, the effluent limitations page for outfall 002, and a new effluent limitations page for the internal outfall from the FGD system (004). I forwarded the draft to EPA this morning, so hopefully they'll get any comments to me in the next few weeks. The draft should go to public notice next Wednesday. Call or e-mail with comments/questions. Have a good weekend. Mark 3 of 4 10/22/03 9:14 AM Re: MARSHALL PERMIT MODIFICATION Robert R Wylie wrote: Hi Mark, My apology for asking, since I know Isabel put you behind, but what is your latest best estimate for when a draft NPDES permit will be issued for the FGD project at Marshall Steam Station? In the project management tracking system the NPDES permit modification is linked to: the final system design, which is linked to the ATC, site excavation, wetland construction, etc. After we met in April I set the schedule with the FGD team for receiving the draft permit this September. Right now I am planning to tell the design engineering firm to go ahead begin the final design. However, I still need to let the FGD project manager know the permitting status. Anyway my apology for asking, but I need to know something so I can provide a status as accurately as possible. Thanks, Robert 704 382-4669 (See attached file: 4987 permit.pdf) 4 of 4 10/22/03 9:14 AM State of North Carolina Department of Environment and Natural Resources Division of Water Quality Michael F. Easley, Governor William G. Ross, Jr., Secretary Alan W. Klimek, P.E., Director October MEMORANDUM To: Britt Setzer NC DENR / DEH / Regional Engin Mooresville Regional Office From: Mark McIntire NPDES Unit 1 ?OWA • NCDENR NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES NOV 5 2003 DENR - vJo-i7Ef? Q fAU lL TY POINT LBRANCH T. OF E N1ROMMEN Tf_IP AI. RESOURCES .`'; VAL OFFICE OCT 2 8 2003 Subject: Review of Draft NPDES Permit NC0004987 Catawba County Please indicate below your agency's position or viewpoint on the draft permit and return this form by November 21, 2003. If you have any questions on the draft permit, please contact me at the telephone number or e-mail address listed at the bottom of this page. ❑❑❑❑❑❑❑❑❑❑❑❑❑❑❑❑❑❑❑❑❑❑❑❑❑❑❑❑❑❑❑❑❑❑❑❑❑❑❑❑❑ RESPONSE: (Check one) Concur with the issuance of this permit provided the facility is operated and maintained properly, the stated effluent limits are met prior to discharge, and the discharge does not contravene the designated water quality standards. F-1 Concurs with issuance of the above permit, provided the following conditions are met: F-1 Opposes the issuance of the above permit, based on reasons stated below, or attached: Sign 1617 Mail Service Center, Raleigh, North Carolina 27699-1617 919 733-5083, extension 508 (fax) 919 733-0719 VISIT US ON THE INTERNET @ http://h2o.enr.state.nc.us/NPDES Mark.Mclntire@ ncmail.net In Account With observer Ne Enterprise i North Carolina's First Web Offset Multi -Color News P. O. BOX 48 NEWTON, N. C. 28658 TELEPHONE (828) 484-0221 ONCDENR/.DWQ/NPDES •Attn:Valery Stephens 01617 Mail Service Center Raleigh,NC 27699-1617 DUE 10TH OF THE FOLLOWING MONTH "d10tICq_ ?fr r,. E',9Ke DATE DESCRIPTION CHARGE+j' �(tlf��lS PREVIOUS BALANCE �? f6` ,wtigita;,{n�= etiie�,Gai r Tfia'IVII 10/24/03 Duke Energy Wastewater $5E° 10/217/03 Second Affidavit $2�;�s�!f� ,NoP =wasters E;°tniaC@rrq' ;Tdi`sctlag ' ''alliioafio �zzl�eaac�e ;°=atteritie rce[ygd`p siiiisiii;t tertrtr tati �'Rfoposel l� LL, � i i^-.r�cfor'�t d�_Nlate7� t /� OCT 30 2003 L j �filioll�a p ��9�9se, � • DiviSian� '�deg'ree't ALITY f+-.°�?Gijpie and oU1� ENR-VIIATER O P DINT SOURCE BRANCH p amation FJ,mine�c6 `dtherora�1 file u0.or i merof+ 4d[ii tiorY.=71 'andlo'r:�rE :,Water o -�'addr"e`ss` rP(ease: ��en�%-c6rc ``=e�tei;pe ?tti'Q��Div_is PERMS: Observer News Enterprise 1'A% per month service charge (18% apr) will be added to all accounts not paid within NDuke Powere A Duke Energy Company April 30, 2003 To: Mark McIntire North Carolina Department of Environment and Natural Resources Division of Water Quality 1617 Mail Service Center Raleigh, North Carolina 27699-1617 Subject: Marshall Steam Station NPDES Permit No. NC0004987 NPDES Permit Modification Request Dear Mr. McIntire: FC(,t ► Uv i lc-= FOSSIL AND HYDRO GENERATION Duke Power P.O. Box 1006 Charlotte, NC 28201-1006. I DD 013 M AY 2 2003 1 � ! To comply with the North Carolina Clean Air Initiative (NCCAI), Duke Power Company plans to install a Flue Gas Desulfurization (FGD) system at Marshall Steam Station. Installation of the FGD system will create an additional wastewater stream that discharges to the current wastewater treatment system (WWTS) that discharges to NPDES outfall 002. As required by the North Carolina Administrative Code, Title 15A Subchapter 2H .0114 and the federal regulations 40 CFR 122.62 and 124.5 (a), Duke Power requests the subject NPDES permit be modified in order to account for this future wastewater stream. Based on a review of the projected parameter concentrations (attachment) of this additional FGD wastewater stream, Duke Power's review indicates the need for an additional WWTS. As discussed at our April 2, 2003 meeting in Raleigh, Duke Power has contracted with Clemson University to conduct a pilot scale treatment study using constructed wetlands. This study is currently underway using wastewater that has been synthesized to simulate the projected concentrations of the FGD wastestream. In addition, other treatment systems are also being reviewed. Enclosed is a check for $860 to process this permit modification request. In order to maintain the projected construction schedule for implementation of the NCCAI requirements, the approved permit modification is needed by December 31, 2003. Upon receipt of the permit modification, Duke Power plans to develop and submit the application for "Authorization to Construct" of the additional WWTS. www.duke-energy.com Your efforts to complete this permit modification in a timely manner are much appreciated. Additionally, you and other agency representatives are more than welcome to visit the pilot study at Clemson University. Please coordinate this trip with Robert Wylie. If you have questions or need additional information on the pilot study and/or this permit modification request, please contact Robert at (704) 382-4669. Sincerely, �rG Michael A. Ruhe, Manager Environmental Support cc: Ms. Caroline Ejimofor - USEPA Region IV Mr. Michael Parker — NCDENR Mooresville Regional Office Attachment MARSHALL STEAM STATION SUMMARY OF FLUE GAS DESULFURIZATION WASTEWATER CHARACTERISTICS AND INFORMATION Wastewater from the FGD system is projected to have concentrations as identified below. These projections are prior to any wastewater treatment occurring. Treatment for this wastewater is to be provided by an additional wastewater treatment system (WWTS). The effluent from this WWTS treatment system is to be discharged into the current WWTS where additional treatment will occur prior to the discharge at:NPDES outfall 002. The average flow rate for the FGD waste stream is calculated to be 0.675 mgd. The average flow rate from the current wastewater treatment system is 6.7 mgd. PROJECTED PARAMETERS IN FGD WASTEWATER Antimony -Arsenic Barium Beryllium Boron Cadmium Chemical Oxygen Demand 4 Chloride -,,Chromium Cobalt 'Copper -Fluoride Lead Manganese Mercury Molybdenum Nickel '-Selenium '-Silver Sulfate Thallium Notal Suspended Solids Vanadium Zinc PROJECTED 1999 NPDES FORM 2C CONCENTRATIONS IN APPLICATION FGD WASTEWATER (DDM) 1 RESULTS FOR OUTFALL 002 (pi) 0.01 <0.003 2 0.28 0.0082 4.20 0.093 0.01 <0.005 2 20 0.447 0.06 <0.0005..2 100 <20 2 5,857 NM 3 0.19 <0.001 2 0.23 <0.00006 2 0.28 0.031 37.29 0.29 0.21 <0.001 2 0.73 0.132 0.02 <0.0001 2 0.20 <0.00004 2 0.43 0.0056 7.40 0.0041 0.01 <0.0005 2 3,000 83.7 0.01 <0.002 2 1000 3.1 0.34 NM 3 0.48 0.034 1 The projected concentrations are based primarily on models and the analysis of coal., In some situations literature research was used along with analytical results from current FGD sites. 2 < values = Less than detection for the analysis conducted in 1999. 3 NM = Not measured. 4 COD may range up to approximately 1,000 mg/l in the FGD wastewater if dibasic acid (DBA) is used in the FGD system. Whether DBA will be used has not yet been decided. Duke ®Power. A Duke Ewv ComPa'7 George T. Everett, Ph.D. Vice President, Environmental Affairs June 10, 2003 Mr. James Giattina Director, Water Management Division US Environmental Protection Agency, Region 4 Sam Nunn Atlanta Federal Center 61 Forsyth Street, SW Atlanta, Georgia 30303 Subject: Duke Power Company NPDES Permit Modification Review Process Flue Gas Desulfurization Wastewater Dear Mr. Giattina: Duke Power 526 South Church Street P.O. Box 1006 Charlotte, NC 28201-1006 Q 3 2003 QUALM In order to comply with the North Carolina Clean Air Initiative (NCCAI), Duke Power plans to install Flue Gas Desulfurization (FGD) systems at several of our North Carolina coal-fired steam stations. Operation of the FGD systems will produce an additional wastewater stream. Based on projected pollutant characteristics in the FGD wastewater, NPDES permit modifications will be required. The FGD construction projects represent major capital expenditures with critical schedule requirements. Duke Power respectfully requests your assistance to ensure that permitting delays do not impact our FGD construction schedules. In preparation for installation of additional wastewater treatment systems, Duke Power is evaluating the potential for constructed wetland treatment as well as conventional treatment options. With regards to the constructed wetland treatment option, Duke Power has contracted with Dr. John Rodgers of the Clemson Institute of Environmental Toxicology to develop a constructed wetland pilot study for treating the FGD wastestream. This study is currently Lderway using wastewater that has been synthesized to simulate the projected concentrations of the FGD wastestream. The two main pollutants of concern are mercury and selenium. Preliminary results from this pilot study are very encouraging. Duke Power is very excited about the possibility of installing such an innovative method to treat FGD wastewater. Progress Energy, Inc. recently joined this study and will also be submitting NPDES permit modification requests. Representatives from Duke Power and Progress Energy met with representatives from the North Carolina Department of Environment and Natural Resources (NCDENR) on April 2, 2003, to discuss the FGD wastestream and the potential use of constructed wetlands as a treatment option. Overall, NCDENR provided favorable feedback on this treatment approach. Representatives from NCDENR have r Mr. James Giattina June 10, 2003 Page 2 tentatively planned to visit the wetland pilot study in late June 2003. If EPA representatives would also, like to visit the pilot study, Duke would be glad to make arrangements with Dr. Rodgers. Duke Power's initial FGD system is planned for Marshall Steam Station. An NPDES permit modification for Marshall Steam Station was submitted to NCDENR on April 30, 2003. In order to maintain the projected construction schedule for .the FGD system installation at Marshall Steam Station, the approved permit modification must be received by December 31, 2003. Thus, once NCDENR issues the draft modified NPDES permit for review (currently projected for September), a prompt review will be most appreciated. Please advise if the review process can be enhanced by meeting with Duke Power representatives. Duke Power is grateful for your cooperation in this matter. If you have questions or need additional information please contact me at (704) 373-4363. Sin4T.verett, 1 &,Zv' GeoPh.D. Vice President, Environmental Affairs cc: Ms. Coleen Sullins - NCDENR Raleigh Office j Mr -Mark M.__ cIntire - NCDENR Raleigh Office Mr. Ben White — Progress Energy, Inc. Mr. Jimmy Palmer, EPA Ms. Carolina Ej imofor, EPA Get d Document - by Citation - 20 F.P.C. 360 tA Ptis �� �� Page 1 of 13 F6oec_ 20 F. P.C. 360; 1958 FPC LEXIS 647, * jV GD/io 1-99" 7 DUKE POWER COMPANY, PROJECT NO. 2232 FEDERAL POWER COMMISSION 20 F.P.C. 360; 1958 FPC LEXIS 647 September 17, 1958 CORE TERMS: license, concrete, licensee, mile, constructed, dam, gravity, powerhouse, spillway, river, acre-feet, horsepower, reservoir, elevation, kilowatt, storage, generators, turbines, consisting, connected, acre, electrical, intake, foot, appurtenant, mechanical, drawdown, usable, water, earth [*1] ORDER ISSUING LICENSE (MAJOR) Before Commissioners: Jerome K. Kuykendall, Chairman; Frederick Stueck and John B. Hussey. OPINION: Application was filed May 15, 1957, and amended September 4, 1957, -by Duke Power Company of. Charlotte, North Carolina (Applicant) for a license under Section 4 (e) of the Federal Power Act (hereinafter referred to as the Act) for Project No. 2232, known as the Catawba-Wateree Project, on the Catawba River, North Carolina, and on the Catawba and Wateree Rivers, South Carolina, (navigable waterways of the United States) in the counties of Alexander, Burke, Caldwell, Catawba, Gaston, Iredell, Lincoln, McDowell and Mecklenburg, North Carolina, and in the counties of Chester, Fairfield, Kershaw, Lancaster and York, South Carolina. The Santee River, which flows into the Atlantic Ocean near Georgetown, South Carolina, is formed by the Congaree and Wateree Rivers -143 miles above its mouth. The Congaree is formed by the Saluda and Broad Rivers at Columbia, South Carolina, about 51 miles above the point of junction with the Santee and Wateree Rivers. From this point of junction, the Wateree extends northerly to the mouth of Big Wateree Creek where it [*2] is known as the Catawba River and then continues northerly into North Carolina thence westerly to its source in the Blue Ridge Mountains. Applicant requests a 50 year license, effective as of the date of its issuance, to include ten hydroelectric developments constructed between 1905 and 1928 by various predecessors of Applicant and one proposed development, known as the Cowan's Ford development. The ten constructed developments are spread over a reach of the river a distance of about 215 miles. These developments with location as to river mile, dates of completion, and installed horsepower capacities are as follows, beginning with the, uppermost development and proceeding downstream: Development River Date of Capacity mile completion (kw.) Bridgewater 275 1919 20,000 Rhodhiss 239 1925 25,500 Oxford 222 1928 36,000 Lookout Shoals 212.5 1915 18,720 Mountain Island 163.5 1923 60,000 Catawba 138.5 1905 and 1925 60,000 hffr -//%%m— Ia—;o—/ravaornh/ra+r,—.9 -1 ,AfR)'7I AW)Mnj<zonoirinnl.AflfA R. {­­s.naT<.r 7/)/)nn2 Get a Document - by Citation - 20 F.P.C. 360 t Fishing Creek 100.5 1916 and 1927 36,720 Great Falls n1 98 1907 24,000 Dearborn n1 98 1923 45,000 Rocky Creek n2 96 1909 24,000 Cedar Creek n2 96 1926 45,000 Wateree 73.5 1919 and 1925 56,000 n1 Share a common reservoir. n2 Share a common reservoir. [*3] Page 2 of 13 The Secretary of the Army and the Chief of Engineers have approved the plans of the project structures insofar as the interests of navigation are concerned. The Secretary of the Interior, in reporting on the application, recommended for inclusion in any license issued certain conditions in the interests of fish and wildlife resources and public enjoyment of such resources, and for archaeological salvage in the area to be inundated by the proposed Cowan's Ford development, all as hereinafter substantially provided. The North Carolina Wildlife Resources Commission, Stream Sanitation Committee, and Board of Conservation and Development, both of North Carolina, in reporting on the application, 'recommended for inclusion in any license issued substantially the same conditions recommended by the Secretary of the Interior. However, the State agencies mentioned herein and the Applicant concluded successful negotiations in the form of two agreements, with respect to minimum water releases and establishing public recreation areas as hereinafter provided. The South Carolina State Board of- Health (Water Pollution Control Authority), in reporting on the application, recommended for inclusion in [*4] any license issued a condition respecting minimum daily flow releases as hereinafter provided. Beginning in about 1826, the State of South Carolina undertook various projects to improve the Wateree (Catawba) River for navigation. At a point about 5 miles upstream from Camden, the State constructed a canal and locks about 5 miles long which paralleled the stretch of the Wateree River now occupied by the dam and lower part of the reservoir of Applicant's Wateree Development. The next group of navigation works consisted of dams, canals and locks extending around Great Falls from a short distance below the mouth of Rocky Creek to a point about a mile above the mouth of Fishing Creek. These navigation works paralleled the part of the Catawba River now occupied by Applicant's Rocky Creek, Cedar Creek, Great Falls, Dearborn and Fishing Creek Developments. The State also constructed navigation improvements consisting of a canal'2 miles long with locks and a dam near Landsford, South Carolina, in the vicinity of mile 113, between Applicant's Fishing Creek and Catawba Developments. In their aforementioned report on the application for license, the Secretary of the Army and the [*5] Chief of Engineers stated that the existing Federal navigation improvement project on the Wateree River extends from its mouth to mile 67 near Camden, South Carolina, which is 6.5 miles downstream from Applicant's lowest development (Wateree Development) at mile 73.5 on the River. According to Senate Document No. 189, 78th Congress, 2d Session, page 18, for the Santee River, North Carolina and South Carolina, the average width of the Wateree River below Camden is 350 feet, and its controlling depth for 5 days of each week when Applicant's 10 constructed developments above Camden, South Carolina, are operating is approximately 5 feet. These developments generally curtail operation over week ends, however, causing a reduction of about 4 feet in the stages of the Wateree River. According to the chart which is part of Exhibit I of Applicant's application for license, i_.�_. ii------ '-- :•- -----/-------I- i - o---,IA--AFm17I A1-11n17-41-[1-17A-AULF1 FA D. t...,....,, '7M i1)nn2 Get a Document - by Citation - 20 F.P.C. 360 Page 3 of 13 the flow available 50 percent of the time of the Wateree River at Camden is about 4500 cfs; at Rock Hill, South Carolina, about 3100 cfs; and at Catawba, South Carolina, about 1900 cfs. The Wateree Development with an effective storage of about 120,000 acre-feet could withhold the median flow at Camden of 4500 cfs for 13 [*6] days, and the Fishing Creek Development with an effective storage of about 28,000 acre-feet could withhold such a flow for about 3 days. The Catawba Development with about 108,000 acre-feet and Mountain Island with 26,000 acre-feet could withhold a flow equal to the median flow of 3100 cfs at the Rock Hill gaging station at mile 135 for 17 days and 4 days, respectively. The proposed Cowan's Ford Development with 588,000 acre-feet, the Oxford Development with 37,000 acre-feet, and the Rhodhiss Development with 28,000 acre-feet could withhold a flow equal to the median flow of 1900 cfs at the Catawba gaging station at mile 209 for 155 days, 10 days and 7 days, respectively. A reduction of 3100 cfs from 4500 cfs at Camden would cause a reduction in stage at Camden of 2.8 feet, and a reduction of 1900 cfs from 4500 cfs would cause a reduction in stage at Camden of 1.7 feet. When the proposed Cowan's Ford Development is completed the Catawba-Wateree Project will develop 890.5 feet of powerhead, which is 85 percent of the total head available in the 215 -mile reach of the river between the Wateree dam and the upper reaches of the Bridgewater Development. The present installation is 450,940 [*7] kilowatts and the ultimate installation of Cowan's Ford will be approximately 350,000 kilowatts, which is an increase of about 78 percent in the installed capacity of the Catawba-Wateree Project. The additional capacity is necessary for meeting in the peak loads in the Applicant's system, which has been changing from a hydro system with auxiliary steam, to a steam system with hydro used for peaking. The existing reservoirs have an operating storage capacity of 650,000 acre feet. The addition of Cowan's Ford with 588,300 acre-feet of storage will bring the total capacity available for power and flood control to 1,283,300 acre-feet. The subject application for license shows the estimated cost of the initial construction of Cowan's Ford as $46,088,000 and the ultimate cost as $50,868,000, and that Applicant proposes to finance its construction by funds from Applicant's treasury or by funds to be obtained by the issuance of notes, bonds, debentures, or common stock, or a combination of two or more of these types of financing. We recently had occasion to consider the license term problem in connection with the licensing of constructed project works in formal proceedings on [*8] applications for licenses filed by Carolina Aluminum Company in Project No. 2197 and Carolina Power & Light Company in Project No. 2206 on the Yadkin-Peedee River in North and South Carolina. In those proceedings we said in summary (19 FPC 704), that: There is no basis in the act for saying that the operation and maintenance of these existing hydroelectric developments, which were constructed prior to the 1935 amendments to the Act, have been operated and maintained unlawfully or in trespass against the United States. This would be true even if it should be subsequently determined that they are occupying navigable waters of the United States. An examination of the record does not, in our judgment, disclose a rational basis in the evidence which would justify shorter license terms than 50 years or the back dating of the licenses, and therefore, on the basis of the evidence of record and the legal principles set out above, we are without authority to back date the licenses or to issue them for a term of less than 50 years. We are not advised of any prior determination that the reaches of the Catawba and Wateree Rivers involved here are navigable waters of the United States making Applicant's [*9] prior operation and maintenance of its existing developments on those streams unlawful under Section 23 (b) of the Act. Official notice may not be taken of navigability of sections of rivers unless it is a matter of general r__ .,..._„1, --A 4cn71 nA-AULF1 FA P. i,_,...,..,.rr......_ moi) i11nn2 Get a Document - by Citation - 20 F.P.C. 360 Page 4 of 13 knowledge that such sections are navigable. That fact must be determined through evidence unless it is a matter of general knowledge. United States v. Utah, 283 U.S. 64, 77. We do not think there is general knowledge that the Wateree and Catawba Rivers are navigable above Camden, at about river mile 67. Furthermore, there has not been a prior Commission determination that these existing developments affect navigable capacity downstream from these developments or that they otherwise affect the interest of interstate or foreign commerce. We are unable to distinguish this proceeding from our decision with respect to Project Nos. 2197 and 2206 although some of the project works under consideration here are located on a stretch of a stream which is now found to be a navigable water of the United States. Moreover, if these existing developments were unlawful under the Federal Power Act they would also be unlawful under the River and Harbor Act of 1899 (33 [*10] U.S.C. 401, 403) from the date of their construction. Compare, United States v. Appalachian Power Co., 311 U.S. 377, 398. Accordingly, if these existing developments had been operated unlawfully it would appear that any license issued should be made effective as of the time of their construction. The Great Falls development has been in operation in excess of 50 years. The situation here is similar to that presented in the proceeding on application by The Montana Power Company for a license for Project No. 2188 involving existing and proposed project works on the navigable Missouri River and existing project works on the Madison River which affect the downstream navigable capacity of the Missouri. There (15 F.P.C. 15330, 1335) we said: The Applicant seeks a single license for its proposed new Cochrane development and its eight existing hydroelectric developments as a completely integrated project. We agree with the Applicant that a single license should be issued for these developments. The proposed development and the eight existing developments are integrated and are best adapted to a comprehensive plan for the development of this watershed. There is no constitutional [*11] necessity for viewing each project or development in isolation from a comprehensive plan for the entire basin. This is clearly pointed out by the Supreme Court in the Denison Dam case. Oklahoma v. Atkinson, 313 U.S. 508. This concept of considering a particular watershed as a whole, as expressed in Sections 4 (e) and 10 (a), is the backbone of the licensing provisions of the Federal Power Act. This question was considered at length by the Commission In the Matter of Pacific Gas and Electric Co., 2 F.P.C. 216 (1941). There the Pacific Gas and Electric Company contended that the proposed Pit No. 5 run -of - river hydroelectric development on the Pit River downstream from a licensed development was not subject to the licensing provisions of the Act (p. 521). The Commission found (pp. 525, 529) that the proposed Pit No. 5 development was an essential part of a comprehensive plan of development of the Pit River; that it was subject to the licensing provisions of the Act; and that the license previously issued for the Pit No. 3 and Pit No. 4 developments should be amended to include the proposed Pit No. 5 development. The Applicant also asks that the terms of the license be [*12] for a period of fifty years from the date of issuance. The application for the eight existing developments was filed pursuant to the Commission's findings and order issued December 7, 1948, wherein it was determined that they are subject to the licensing provisions of the Act (7 F.P.C. 163). Upon consideration of all of the circumstances involved, we conclude that the license to be issued herein for the eight existing developments and the proposed Cochrane development shall be for a period of fifty years from the first day of December 1948. This action is consistent with our previous orders upon application presenting similar proposals. The legislative history of the Act concerning the term of a license demonstrates the desirability of having the license expire at the same time with respect to all of the project works. Moreover, the legislative history shows that this was the principal reason for not making a 50 -year term mandatory under the Act. Although a 50 -year license period is not mandatory we must have a rational basis for specifying a shorter period. We find no basis in this proceeding for specifying any period less than 50 years. i.. ii t_ _e_ ____L_______1_L__..—_____0 O_ L...,__.,...T_.. 17PIPI Aril Get a Document - by Citation - 20 F.P.C. 360 . The Commission finds: Page 5 of 13 (1) The Applicant [*13] is a corporation organized under the laws of the State of New Jersey and has submitted satisfactory evidence of compliance with the requirements of all applicable State laws insofar as necessary to effect the purposes of a license for the project. (2) The project would consist of: (a) All lands constituting the project area and inclosed by the project boundary or the limits of which are otherwise defined, and/or interest in such lands necessary or appropriate for the purposes of the project, whether such lands or interest therein are owned or held by the licensee or by the United States; such project area and project boundary being more specifically shown and described by certain exhibits which formed part of the application for license and which are designated and described as follows: Exhibit J: (FPC No. 2232-2) Sheet 1, General Map and Profile; (FPC No. 2232-3) Sheet 2, Transmission System Map; FPC Nos. 2232-41 and -42) Sheets 3 and 4, Details of Transmission System. (b) Project works consisting of: 1. Bridgewater Development (constructed in 1919) located at river mile 275 on Catawba River near Morganton, North Carolina, and consisting of the Catawba Dam, -[*14] comprised of a concrete gravity overflow spillway section, a concrete gravity non -overflow section, a concrete core wall, and earth embankment sections on either end; Paddy Creek Dam, an earth dam located on Paddy Creek; Linville Dam, an earth dam located on Linville River; Linville -Paddy Creek spillway, and uncontrolled overflow weir located between the Linville and Paddy Creek dams; a reservoir formed by the three dams with an area of 6,510 acres at elevation 1200, and 3,322 acres at elevation 1160 and usable storage of 189,370 acre-feet at the 40 -foot drawdown; a tunnel and penstock at Linville dam leading to the powerhouse which contains two 13,200 -horsepower turbines connected to two 10,000 -kilowatt generators; a substation and switchyard; and appurtenant mechanical and electrical facilities; 2. Rhodhiss Development (constructed in 1925) located at river mile 239 on Catawba River near Rhodhiss, North Carolina, consisting of a dam comprised of a concrete gravity overflow spillway section with crest at elevation 995, two concrete gravity non -overflow sections, a rolled earth embankment and a concrete intake and powerhouse section; a reservoir with an area of 3,515 acres [*15] at elevation 995 and usable storage of 27,570 acre-feet at 10 -foot drawdown; a powerhouse, integral with the dam, containing three 14,140 -horsepower turbines connected to three 8,500 - kilowatt generators; a substation and switchboard; and appurtenant mechanical and electrical facilities; 3. Oxford Development (constructed in 1928) located at river mile 222 on Catawba River near Hickory, North Carolina, consisting of a dam comprised of a concrete gravity gated spillway section, a concrete intake and powerhouse section, two concrete non -overflow sections, and an earth embankment section; a reservoir with an area of 4,110 acres at normal pool elevation of 935 and usable storage of 36,890 acre-feet at 10 -foot drawdown; a powerhouse, integral with the dam, containing two 28,000 -horsepower turbines connected to two 18,000 -kilowatt generators; a substation and switchyard; and appurtenant mechanical and electrical facilities; 4. Lookout Shoals Development (constructed in 1915) located at river mile 212.5 on Catawba River near Claremont, North Carolina, consisting of a dam comprised of an earth embankment section, two concrete gravity non -overflow sections, a concrete gravity overflow [*16] spillway section, and a concrete intake and powerhouse section; a reservoir with an area of 1,270 acres at spillway crest elevation 838 and usable storage of 3,670 acre-feet at 3 -foot drawdown; a power house, integral with dam, containing three 11,000 -horsepower turbines connected to three 6,240 -kilowatt f.. it t . l.__._.._ 1_ V._....•---- r1 ___-_n-1__ArM"1 ALIN INP7-/)-IN-P7.7- Al- /1i lA O_ L...._..,, .. P- --.- ^7 N1 PIArV2 Get a Document - by Citation - 20 F.P.C. 360 h . Page 6 of 13 generators; a substation and switchyard; and appurtenant mechanical and electrical facilities; 5. Cowan's Ford Development (proposed) located on Catawba River at river mile 179 on Catawba River near Davidson, North Carolina, to consist of a dam comprised of a concrete intake and powerhouse section, a concrete gravity controlled spillway section, two concrete gravity non -overflow sections, and two rolled earth fill embankment sections; a reservoir with an area of 29,760 acres at normal pool elevation of 760 and a usable storage of 588,300 acre-feet at a 25 -foot drawdown; an outdoor type power house, integral with the dam, containing three 121,000 -horsepower turbines connected to three 87,500 -kilowatt generators, installed initially and with provisions for a fourth similar unit; step-up transformers; and appurtenant mechanical and electrical facilities; 6. Mountain Island Development [*17] (Constructed in 1923) located at river mile 163.5 on Catawba River near Mt. Holly,' North Carolina, consisting of a dam comprised of an earth embankment section, a concrete intake and powerhouse section, two concrete gravity non -overflow sections, and a concrete gravity overflow spillway section; a reservoir with an area of 3,235 acres at spillway crest elevation 648 and usable storage of 25,987 acre-feet at 10 -foot drawdown; a powerhouse, integral with the dam, containing four 22,700 -horsepower turbines connected to four 15,000 -kilowatt generators; step-up transformers; a switchyard; and appurtenant mechanical and electrical facilities; 7. Catawba Development (constructed in 1904 and redeveloped in 1925) located at river mile 138.5 on Catawba River near Fort Mill, South Carolina, consisting of a dam comprised of a rolled earth fill embankment, two concrete gravity non -overflow sections, a concrete gravity intake and powerhouse section, and a concrete gravity spillway section of which two sections are controlled by gates and an overflow section; a reservoir with an area of -12,455 acres'at the uncontrolled spillway crest elevation 570 and usable storage of 107,670 acre-feet [*18] at 10 -foot drawdown; a powerhouse, integral with the dam, containing four 20,000 horsepower turbines connected to four 15,000 -kilowatt generators; a substation and switchyard; and appurtenant mechanical and electrical facilities; 8. Fishing Creek Development (constructed in 1916 and redeveloped in 1927) located at river mill 100.5 on Catawba River near Great Falls, South Carolina, consisting of a dam comprised of a concrete gravity non -overflow section, a concrete intake and powerhouse section, a concrete gravity gate controlled spillway section, and a concrete gravity overflow spillway section; a reservoir with an area of 3,370 acres at uncontrolled spillway crest elevation 416.5 and usable storage of 27,770 acre-feet at 10 -foot drawdown; a powerhouse, integral with the dam, containing five 8,800 -horsepower turbines connected to three 6,000 -kilowatt generators and two 9,360 -kilowatt generators; a substation and switchyard; and appurtenant mechanical and electrical facilities; 9. Great Falls -Dearborn Development (constructed in 1907 and 1923) located at river mile 98 on Catawba River at Great Falls, South Carolina, consisting of a concrete diversion dam in the main (left) [*19] channel, a .combination concrete main spillway, canal spillway and canal headworks in the right channel; a reservoir with an area of 450 acres at elevation 355.5 and a usable storage of 1,082 acre-feet at 3 -foot drawdown; a forebay canal; Greeat Falls powerhouse, which is a concrete gravity intake structure, containing eight 5,200 -horsepower horizontal turbines connected to eight 3,000 - kilowatt horizontal generators; Dearborn powerhouse, which is a concrete gravity intake structure adjacent to the Great Falls powerhouse, containing three 17,000 -horsepower turbines connected to three 15,000 -kilowatt generators; step-up transformers; and appurtenant mechanical and electrical facilities; 10. Rocky Creek -Cedar Creek Development (constructed in 1909 and 1926) located at river mile 96 on Catawba River near Great Falls, South Carolina, consisting of a concrete gravity overflow spillway; a forebay canal on the right bank with an uncontrolled concrete spillway section, a concrete gravity section, and concrete intake and powerhouse section forming the river wall of the forebay canal; a forebay canal on the left bank with an uncontrolled concrete spillway section, a concrete gated spillway [*20] section and a concrete intake and powerhouse section forming the river wall; a reservoir with an area of 800 acres at elevation 284.5 and usable storage of 2,296 acre-feet at 3 -foot drawdown; Rocky Creek powerhouse containing eight 5,200 -horsepower horizontal turbines �,,+...i�....... io., ­/­ .... „1a. A4. n'71 VA v. 1...,....__'P..__— P7/) Mnn2 -Get a Document - by Citation - 20 F.P.C. 360 Page 7 of 13 connected to eight 3,000 -kilowatt horizontal generators; Cedar Creek powerhouse containing three 20,000 -horsepower turbines connected to three 15,000 -kilowatt generators; a substation; and appurtenant mechanical and electrical facilities; and 11. Wateree Development (constructed in 1919 and 1924) located at river mile 73.5 on Wateree River near Camden, South Carolina, consisting of a dam comprised of an earth embankment section, a concrete gravity non -overflow section, a concrete intake and powerhouse section, and a concrete gravity overflow spillway section; a reservoir with an area of 13,710 acres at spillway crest elevation 226.5 and usable storage of 119,590 acre-feet at 10 -foot drawdown; a powerhouse integral with the dam containing five 17,500 -horsepower turbines connected to five 11,200 -kilowatt generators; a switchyard; and appurtenant mechanical and electrical facilities; the location, nature and [*21] character of which are more specifically shown by the exhibits herebefore cited and by certain other exhibits which also formed part of the application for license and which are designated and described as follows: Fishing Creek Exhibit L: Plans of structures for all developments. Sections and details. Development FPC No. Description Bridgewater 2232-19 Plans and profiles. Bridgewater 2232-20 Sections and details. Rhodhiss 2232-21 Plan and elevation. Rhodhiss 2232-22 Section and details. Oxford 2232-23 Plan, elevation and sections. Lookout Shoals 2232-24 Plan and profile. Lookout Shoals 2232-25 Sections and details. Cowan's Ford 2232-26 Plan and profiles. Cowan's Ford 2232-27 Sections and details. Mountain Island 2232-28 Plan and elevation. Mountain Island 2232-29 Sections and details. Catawba 2232-30 Plan and elevations. Catawba 2232-31 Sections and details. Fishing Creek 2232-32 Plan and profile. Fishing Creek 2232-33 Sections and details. Great Falls -Dearborn 2232-34 Plans and elevations. Great Falls -Dearborn 2232-35 Sections and details. Rocky Creek -Cedar Creek 2232-36 Plan and elevations. Rocky Creek -Cedar Creek 2232-37 Sections and details. Wateree 2232-38 Plan and profile. Wateree 2232-39 Sections and details. [*22] Exhibit M: General Description of Mechanical, Electrical and Transmission Equipment consisting of 25 typewritten pages, filed in the Commission on May 15, 1957, as amended September 4, 1957. (c) All other structures, fixtures, equipment or facilities used or useful in the maintenance and operation of the project and located on the project area, including such portable property as may be used or useful in connection with the project or any part thereof, whether located on or off the project area, if and to the extend that the inclusion of such property as a part of the project is approved or acquiesced by the Commission; also, all riparian or other rights, the use or possession of which is necessary or appropriate in the maintenance and operation of the project. L.�_.ii..-.�.. t,...:.. ..- i..,..--- Li_ .: _. o _,1A__A4PY1I1 CA D. L_.... .rr.... _ P7i)i)nnI Get a Document - by Citation - 20 F.P.C. 360 Page 8 of 13 (3) The constructed project developments have been and are operated as a unit, and when constructed the Cowan's Ford development will be operated as a unit with the constructed developments. (4) The constructed developments and the proposed Cowan's Ford development are part of the project herein authorized within the meaning of Section 3 (11) of the Act. (5) The existing navigation improvement project on the Wateree River [*23] extends from its mouth to mile 67 near Camden, South Carolina. (6) The Wateree and Catawba Rivers are navigable waters of the United States at least as far upstream as Applicant's Catawba development at mile 138.5 above the confluence of the Wateree and the Congaree Rivers. (7) The constructed project developments are operated by Applicant so as to affect the navigable capacity of the Catawba, Wateree and Santee Rivers. (8) The proposed Cowan's Ford development will be capable of operating separately in such manner as to affect the navigable capacity of the Catawba, Wateree, and Santee Rivers. (9) The project is located in part on navigable waters of the United States and will affect the interests of interstate or foreign commerce. (10) No conflicting application is before the Commission. Public notice has been given of the filing of the application for a license. (11) The Applicant has submitted satisfactory evidence of its financial ability to construct the Cowan's Ford development and to operate the project. (12) The issuance of a license as hereinafter provided will not affect the development of any water resources for public purposes which should be undertaken by the [*24] United States. (13) Subject to the terms and conditions her specified, the project is best adapted to a comprehensive plan for improving and developing a waterway or waterways for the use or benefit of interstate or foreign commerce, for the improvement and utilization of water -power development, and for other beneficial public uses, including recreational purposes. (14) The amount of the annual charge to be paid under the license for the purpose of reimbursing the United States for the costs of administration of Part I of the Act is reasonable as hereinafter fixed and specified. (15) The installed horsepower capacity of the project hereinafter authorized for the purpose of computing the capacity component of the administrative annual charge is 951,000 horsepower, and the energy generated by the constructed developments is used for public utility purposes as will that generated by the proposed Cowan's Ford development. (16) In accordance with Section 10 (d) of the Act, the rate of return upon the net investment in the project, and the proportion of surplus earnings to be paid into and held in amortization reserves, are reasonable'as hereinafter specified. (17) The exhibits [*25] designated and described in finding (2) above conform to the Commission's rules and regulations and should be approved as part of the license for the project subject to the filing of final design Exhibit L drawings for the Cowan's Ford development and Exhibits F and K for the entire project as hereinafter provided. (18) The public interest requires that the Commission reserve the right to order the Applicant to l,�r,.. /.......1...; ....»..i..,..,,.,........—_'1a....A4CM'71A1.7/N7_.C1_n..17A_AL4F1FAv. t,.....,.r.....—17i1/1nn'2 , Get a Document - by Citation - 20 F.P.C. 360 Page 9 of 13 install additional generating units in the constructed developments to the extent that such additional units are economically feasible and after opportunity for hearing. (19) In order to insure the maximum benefits of the water resources provision shall be made for coordination of operation of the project with the operations'of other utilities in the area. (20) It is desirable to reserve for future Commission determination the question of what additional transmission facilities, if any, should be included in this license. The Commission orders: (A) This license is issued to Duke Power Company under Section 4 (e) of the Act for a period of 50 years, effective as of September 1, 1958, for the construction, operation, and maintenance of the Cowan's Ford development and the [*26] continued operation and maintenance of the constructed Bridgewater, Rhodhiss, Oxford, Lookout Shoals, Mountain Island, Catawba, Fishing Creek, Great Falls -Dearborn, Rocky Creek -Cedar Creek, and Wateree developments all of which constitute project No. 2232, affecting navigable waters of the United States, subject to the terms and conditions of the Act which is incorporated by reference as a part of this license, and subject to such rules and regulations as the Commission has issued or prescribed under the provisions of the Act. (B) This license is also subject to the terms and conditions set forth in Form L-4, December 15, 1953, entitled "Terms and Conditions of License for Unconstructed Major Project Affecting Navigable Waters of the United States" (16 F.P.C. 1284), except for Articles 7 and 14 thereof, which terms and conditions are attached hereto and made a part hereof; and subject to the following special conditions set forth herein as additional articles: Article 19. The Licensee shall pay to the United States the following annual charge: For the purpose of reimbursing the United States for the costs of administration f Part I of the Act, one (1) cent per horsepower [*27] on the authorized installed capacity (951,000 horsepower) plus two and one-half (2 1/2) cents per 1,000 kilowatt-hours of gross energy generated by the project during the calendar year for which the charge is made. Article 20. The Licensee shall commence construction of the Cowan's Ford development within one year from the effective date of this license and shall complete the initial installation of three units within four years of the effective date of this license. Installation of the fourth unit of the Cowan's Ford development shall be completed within 10 years from the effective date of this license. Article 21. The Licensee shall file within three years from the effective date of this license for Commission approval, Exhibits F.and K describing the project lands and showing the project boundary for all developments, prepared in accordance with the Commission's, rules and regulations. Article 22. The Licensee shall submit, in accordance with the Commission's rules and regulations, final design Exhibit L Drawings for the Dowan's Ford development; and the Licensee shall not begin construction of the project structures of this development until the Commission has approved [*28] such Exhibit L drawings. Article 23. The Licensee shall, prior to impounding water in Cowan's Ford reservoir, clear all lands in the bottom and margin of such reservoir between elevation 760 feet (top of the power pool) and a plane at elevation 730 feet (5 feet below the bottom of the power pool), and shall cut all trees and brush within the area below the 730 -foot elevation so that no brush or trees will protrude above elevation 730; and shall dispose of all temporary structures, unused timber, brush, refuse or inflammable material resulting from the clearing of the lands or from the construction and maintenance of the project -works. In addition, all trees along the margin of the reservoir which may die during the operation of the project shall be removed. The clearing of the lands and the disposal of the material shall be done with due diligence and to the satisfaction of the authorized representative L.s+.../J....... 1,,..:., ...../.. ....... _111 _A-CM171 0- nininnn,) ,Get a Document - by Citation - 20 F.P.C. 360 . , r of the Commission. Page 10 of 13 Article 24. The actual legitimate original cost, estimated where not known, and the accrued depreciation of the parts of the project completed prior to the effective date of the license shall be determined by the Commission as of such effective date, in [*29] accordance with the Act and the rules and regulations of the Commission, and such cost less such accrued depreciation, so determined, shall be the net investment in the project as of such effective date. Article 25. The actual legitimate original cost of the parts of the project to be completed after to effective date of the license, and of any addition to or betterment of the project, shall be determined by the Commission in accordance with the Act and the rules and regulations of the Commission thereunder. Article 26. The Licensee shall to the maximum feasible extent coordinate the operation of its Catawba-Wateree Project with the systems of Carolina Aluminum Company and Carolina Power & Light Company, and others with which it may be interconnected, taking into account existing and future situations as to: amount of regulated flow available at -site and upstream from Wateree development, generating capacity at hydroelectric and other power plants, and magnitudes and characteristics of loads to be served not only by the Licensee but also be interconnected electric utilities; and, the Commission reserves the right, after opportunity for hearing, to order such coordination [*30] of operations or changes therein as it finds to be economically feasible and in the public interest, and to require the submission of reports and filing of agreements, contracts, and other papers relating to the coordination of operations, whenever requested by the Commission or changes are made or accepted by the Licensee. Article 27 The Licensee shall at such time and to the extent it is economically feasible to do so, after notice and opportunity for hearing, install additional generating units in the constructed developments of the project. Article 28. The Commission reserves the right to determine at a later date what additional transmission facilities, if any, shall be included in the license as part of the project works. Article 29. The Licensee shall cooperate with .the fish and wildlife and pollution control agencies of the State of North Carolina and the Bureau of Sport Fisheries and Wildife of the U.S. Fish and Wildlife Service during the period of final planning, project construction, and operation of the Cowan's Ford Development, and comply with such reasonable modifications of the project structures and operations to insure the discharge of water of the highest [*31] quality practicably obtainable which would protect the interest of fish and wildlife conservation, stream sanitation, and other beneficial public uses, as may hereafter be prescribed by the Commission upon the recommendation of the Secretary of the Interior and the fish and wildlife and pollution control agencies of the States of North and South Carolina, after notice and opportunity for hearing and upon a funding based on substantial evidence that such modifications are necessary and desirable, and consistent with the provisions of the Federal Power Act: Provided, however, that such modifications shall be reasonably consistent with the primary purpose of the project and not unduly impair the power value of the project and provided, further, that any request for modification of project structures be filed with the Commission not more than six months following the issuance of this license. Article 30. (i) Pursuant to an agreement between the Licensee and the North Carolina Wildlife Resources Commission, the Licensee shall keep open for free use by the public a number of public access areas on each lake not less than the minimum, nor more than the maximum set forth below, [*32] of a total acreage not less than the minimum, nor more than the maximum set forth below, together with free public ingress and egress to and from said access areas; Provided, however, that the maximum number of areas so specified shall not be construed to prevent the Licensee, of its own volition, from opening additional areas on any lake: Lake Number of access areas Number of acres to be Laa..//____.__.1.,___....,..-,./..............L /..,.a—: ,._.,. �t—,IA--A 4r1YY71 A L111l'7..0 I} Al 17.7..l1LLl1 FA 0. L....... _,r..___ -7/x/11 nn2 Get a Document - by Citation - 20 F.P.C. 360 r + A V' Bridgewater Rhodhiss Oxford Lookout Shoals Mountain Island Cowan's Ford Catawba (N.C.) Catawba (S.C.) Fishing Creek (S.C.) Wateree (S.C.) Tota I to be provided Minimum Maximum Page 11 of 13 provided Minimum Maximum 5 8 23 30 5 7 8 15 5 5 10 15 1 1 5 5 3 3 5 5 6 10 50 100 3 3 40 50 7 7 40 50 2 2 1 1/2 5 5 8 10 50 42 54 1521/2 275 (ii) The Licensee will, whenever it shall be necessary for ingress and degree to and from the lake or lakes, permit the public to use company owned roads leading from public roads to the access areas. (iii) There is reserved to the Licensee the right to move, alter or change the location or boundaries of any access area or Company road whenever it be comes necessary to do so in order to insure [*33] full public utilization of the area, or to prevent any noxious or offensive use of any area, or whenever the land then occupied by such access area or road is needed by the Licensee for the operation of its public utility business. (iv) Licensee may lease any access area to a private operator for the purpose of selling food, confections, gasoline, bait, fishing tackle, marine service, boat berthing and repair services, and like products and services, and making reasonable charges for same, so long as free public parking, boat launching and access is provided at the leased area. (v) The term "access area" as used herein shall include areas at boat launching sites reserved for parking of automobiles and boat trailers. All access areas on the Licensee's lakes to which the public is admitted free shall be deemed "public access areas," whether they are maintained wholly by the Licensee, or by the Licensee in cooperation with the N.C. Wildlife Resources Commission, or other agency, individual or organization, or leased by the Licensee to a private or public operator. (vi) Licensee's obligation hereunder shall be limited to furnishing or making available the land for public access areas [*34] as herein specified, together with a right,of ingress and egress to and from said land, where ingress and egress is not available over public`foads: Provided, the Licensee shall not be obligated to construct, maintain or repair any area so furnished, in the absence of an express agreement to do so between the Licensee and the operator of the access area. (vii) Licensee will endeavor in good faith to accommodate any future increase in public use of the project waters by expanding its existing public access areas, or providing new areas, whenever it has land available for this purpose, irrespective of the maximum figures specified under (i) above: Provided, that such areas can be furnished consistently with the proper operation of the Licensee's business. Article 31. Pursuant to an agreement between the Licensee and North Carolina Stream Sanitation Committee, North Carolina Wildlife Resources Commission, and North Carolina Board of Conservation and Development, the Licensee shall make minimum water releases at each development in North Carolina, subject to the provisions of this article, in the interest of stream sanitation, fish and wildlife conservation, and other beneficial [*35] public uses, except in cases of emergency and periods Uff"•//-....1-; I/7/I0AI ,Get a Document - by Citation - 20 F.P.C. 360 r a ^ ` required for necessary repairs to the project works. Page 12 of 13 (i) Licensee shall, upon completion of the project, discharge a minimum streamflow at all times, below each development, at a rate set forth in the following schedule: (ii) Licensee shall increase the discharge from each development, if and when additional water is required and only for the period required, to maintain the quality standards prescribed by the State Stream Sanitation Committee of North Carolina, as may be prescribed by the Commission upon the recommendation of the appropriate State Agency, in an amount sufficient to maintain an average daily flow below each development, as set forth in the following schedule: Drainage area, Minimum con - Development square miles tinuous flow, C.F.S. Bridgewater 380 25 Rhodhiss 1,088 40 Oxford 1,310 40 Lookout Shoals 1,449 60 Cowan's Ford 1,770 80 Mountain Island 1,860 80 (ii) Licensee shall increase the discharge from each development, if and when additional water is required and only for the period required, to maintain the quality standards prescribed by the State Stream Sanitation Committee of North Carolina, as may be prescribed by the Commission upon the recommendation of the appropriate State Agency, in an amount sufficient to maintain an average daily flow below each development, as set forth in the following schedule: [*36] (iii) The discharge of water from the developments as prescribed in (i) and (ii) of this article shall include all water flowing from the development, whether from leakage, spillage, generation, or otherwise. (iv) For the purpose of checking compliance with the provisions of (i) -,-;and (ii) of this article, the flows may be estimated from the operation of the turbines and from estimates of leakage checked by frequent actual measurements of discharge where pool conditions do not prevent such measurements. (v) Licensee shall cooperate with the various State agencies concerned, to develop and establish by mutual agreement, after adequate study, operational patters or a combination of minimum discharges together with operational patterns, that will provide benefits equivalent to those which would accrue from the maintenance of minimum discharges specified under (ii) above. Article 32. The Licensee shall cooperate with the South Carolina Water Pollution Control Authority to establish a schedule of minimum daily flow requirements below the developments, which are mutually agreeable, and shall make such minimum releases at the developments located in South Carolina in such amounts not to [*37] exceed the minimum average daily flows as set forth in the following schedule: httn /hansna� la�rie rnm/rPeParrh/ratriP��P� m=i-7rlardfff171dh707nC,'ln n7rlr()hhflfdRr hrmvcaT%ina= Drainage area, Minimum aver - Development Square miles age daily flow, C.F.S. Bridgewater 380 66 Rhodhiss 1,088 225 Oxford 1,310 261 Lookout Shoals 1,449 278 Cowan's Ford 1,770311 Mountain Island 1,860 4 [*36] (iii) The discharge of water from the developments as prescribed in (i) and (ii) of this article shall include all water flowing from the development, whether from leakage, spillage, generation, or otherwise. (iv) For the purpose of checking compliance with the provisions of (i) -,-;and (ii) of this article, the flows may be estimated from the operation of the turbines and from estimates of leakage checked by frequent actual measurements of discharge where pool conditions do not prevent such measurements. (v) Licensee shall cooperate with the various State agencies concerned, to develop and establish by mutual agreement, after adequate study, operational patters or a combination of minimum discharges together with operational patterns, that will provide benefits equivalent to those which would accrue from the maintenance of minimum discharges specified under (ii) above. Article 32. The Licensee shall cooperate with the South Carolina Water Pollution Control Authority to establish a schedule of minimum daily flow requirements below the developments, which are mutually agreeable, and shall make such minimum releases at the developments located in South Carolina in such amounts not to [*37] exceed the minimum average daily flows as set forth in the following schedule: httn /hansna� la�rie rnm/rPeParrh/ratriP��P� m=i-7rlardfff171dh707nC,'ln n7rlr()hhflfdRr hrmvcaT%ina= Get a Document - by Citation - 20 F.P.C. 360 Drainage area, Minimum aver - Development square miles age daily flow, C.F.S. Catawba 3,020 4i1 Fishing Creek 3,810 440 Great Falls -- Dearborn 4,100 444 Rocky Creek -- Cedar Creek 4,360 445 Wateree 4,750 446 Page 13 of 13 Releases of water from the developments under this article shall include all water flowing from the development, whether from leakage, spillage, generation, or otherwise. * Article 33. The Licensee shall make available to the Secretary of the Interior or to an institution or organization satisfactory to him, a sum of money not to exceed $5,000 for archeological salvage. * Article 33 inserted in this order by order issued Octber 22, 1958. (C) The exhibits designated and described in finding (2) above are approved as part of this license. (D) This order shall become final 30 days from the date of its issuance unless application for rehearing shall be filed as provided in Section 13 (a) of the Act, and failure to file such an application shall constitute acceptance of this license. In acknowledgment of the acceptance of this license, it shall be signed- [*38] for the Licensee and returned to the Commission within 60 days from the date of issuance of this order. Service: Get by LEXSEE® Citation: 20 F.P.C. 360 View: Full Date/Time: Wednesday, July 2, 2003 - 6:20 PM EDT About LexisNexis I Terms and Conditions Copyright © 2003 LexisNexis, a division of Reed Elsevier Inc. 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