20041101 Ver 4_Other Agency Comments_20080905

FINWA
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Resources
Michael F. Easley, Governor
September 5, 2008
William G. Ross Jr., Secretary
Thomas A, Reeder, Director
Mr. John Dorney
North Carolina Division of Water Quality
2321 Crabtree Boulevard, Suite 250
Raleigh, NC 27604
Subject: 401 Water Quality Certification - Bryson Hydroelectric Project
FERC No. 2601: DWQ #2004-1101 Version 4
Swain County, North Carolina
Dear Mr. Dorney:
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The Division of Water Resources (DWR) has reviewed the August 8, 2008 public notice by the Division of
Water Quality requesting public comments on the proposed relicensing of the Bryson Hydroelectric Project by
Duke Energy. The DWR participated in technical work groups and other forums with the Licensee, other
resource agencies, Federal Energy Regulatory Commission staff and others where project operations,
compliance and enhancement measures were discussed. We recommend that the following conditions be
included in the 401 Water Quality Certification for this project:
1. The Licensee shall operate the project in a run-of-river mode of operation. "Run-of-river" operation is
defined as instantaneous inflow upstream of the dam coming into the project reservoir is equal to
instantaneous outflow downstream of the dam. This is necessary to protect downstream flows and the uses
of those flows such as aquatic habitat, water quality, recreation, and aesthetics.
2. The water level in Bryson Reservoir shall be maintained within 0.1-foot of the full pool elevation
(1828.41 ft. MSL) at least 99.5% of the time, with an allowance variable to be within 0.3-foot of full pond
less than 0.5% of the time on an annual basis. The specifics of the 0.5% variance allowance criteria for the
0.3-foot water level will be developed for the project in the Lake Level and Flow Monitoring Plan
(LLFMP). Maintenance of these reservoir water levels will reduce impacts to run-of-river operation should
the project go off line and downstream flow through the generators stops abruptly. With a near full pond,
spill would occur more quickly over the crest and re-establish run-of-river flows downstream. A stable
reservoir water level also provides benefits to aquatic resources in the reservoir. Exceptions to this
condition will be permitted according to condition #5 below.
3. The Licensee will develop the LLFMP for the project in consultation with the DWR, NC Wildlife
Resources Commission (WRC), and US Fish and Wildlife Service (USFWS) and USGS, and submit it to
the NC Division of Water Quality (DWQ) for approval. The LLFMP will provide the details of
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NC Division of Water Resources
September 5, 2008
Bryson Hydro, 401 Recommendations to John Dorney, NCDWQ
notification, compliance monitoring and documentation of run-of-river operations (inflow and outflow),
maintenance of required reservoir levels as well as annual reporting requirements.
4. If required by the LLFMP, the Licensee shall maintain the USGS gage on the Oconaluftee River at
Birdtown, North Carolina to monitor inflow to the Bryson Project and assist in compliance monitoring of
run-of-river operation and releases during refill periods.
5. During periods when the reservoir level is lowered for scheduled maintenance or due to unforeseen
circumstances, the September median flow of 204 cfs will be released from the project to provide adequate
downstream flows during reservoir refill periods. The Licensee will notify DWR, DWQ, WRC, and
USFWS at least 60 days before any planned drawdown or within 10 days after an operating emergency
event starts. The Licensee will consult with these same resource agencies if operational circumstances
preclude the release of the September median flow during reservoir refill periods.
6. If the Licensee finds that maintaining a downstream flow of 204 cfs during refill periods is difficult, the
Licensee may initiate a study to determine an alternate downstream flow regime to be used during these
periods. The Licensee shall prepare a study plan in consultation with the DWR, DWQ, WRC, and USFWS
to be approved by DWQ prior to study initiation. The Licensee shall use study results to develop an
alternate downstream flow regime for refill periods with consensus of DWR, DWQ, WRC, and USFWS.
We appreciate this opportunity to provide comments. Please contact me at 919-715-5424 or
Steven. Reed a,ncmail.net, if you have any questions regarding our comments.
Sincerely,
Steve Reed
Hydropower Licensing Coordinator
Copy via email: Chris Goudreau, WRC
Mark Cantrell, USFWS
Steve Johnson, Duke Energy