20020919 Ver 1_Approval Letter_20030730

a \A- Michael F. Easley, Ovemo or-
' William G. Ross Jr., 5crehy
.: North Carolina Department of Environment and Natural Rewo,
Alan W. Klimek, P. E., diub r—
"� Division of WaterQdhe.-
July 30, 2003
Mr. Malcolm G. Deacon, Jr. Vice President- Fossil and Hydra
Dominion Energy and Dominion Generation
Innsbrook Technical Center
5000 Dominion Blvd.
Glen Alien, VA 23000
Dear Mr. Deacon:
Re: Certification Pursuant to Section 401 -of the Federal Clean Water Act for the Roanoke Rapids
and Lake Gaston FERC Relicensing Project
WQC Project #02-0919
FERC Number 2009
Halifax County and adjacentcounties
Attached hereto is a copy of Certification No. 3208 issued to Dominion North Carolina Power
dated July 30, 2003. If we can be of further assistance, do not hesitate to contact us.
Sincerely, .
lime , .,Director
Attachments
cc: Raleigh and Washington DWQ Regional offices
Doug Huggett, Division of Coastal Management
File Copy
Central Files
Darlene Kucken; DWQ Basinwide Planning Program Unit
Jim Mead, NC Division of Water Resources
Marc Bernstein, NC Attorney General's office
Robin Smith, DENR
Thomas Leahy, III P.E., City of Virginia Beach, VA
Jean McCarter, Lake Gaston Association
Bob Lindsay, Roanoke River Basin Association
Garland Pardue, US Fish and Wildlife Service -- Raleigh
David Rackley, National Marine Fisheries Service, Charleston, SC
Shannon Deaton, NC Wildlife Resources Commission
Ron McKittrick, Federal Energy Regulatory Commission
Sara Winslow, NC Division of Marine Fisheries
Bud Laroche, Virginia Department of Game and Inland Fisheries -
Rheta Geddings, SC Department of Health and Environmental Control
Ellen Gilinsky, VA Water Control Board, Wetlands Program
Joseph Hassell, VA Department of Environmental Quality
N. C. Division of Water Quality, 401 Wetlands Certification Unit,
1650 Mall Service Center, Raleigh, NC 27699-1650 (Mailing Address)
2321 Crabtree Blvd., Raleigh, NC 27604-2260 (Location)
AJ /til .YAA J�ww ■ • \ AJ A wAA AA/tiA It A ••_ .• _ ►►!_r►A. __ � _ ._ ►.____.,11�._1,

NORTH CAROLINA 401 WATER QUALITY CERTIFICATION
THIS -CERTIFICATION is issued in conformity with the requirements of Section 401 Public Laws 92-
500 and 95-217 of the United States and subject to the North Carolina Division of Water Quality ("DWQ"} _
Regulations in 15 NCAC 2H, Section .0500. It is issued to Dominion North Carolina Power ("the
applicant") in Halifax County and adjacent counties pursuant to a revised application filed on the loth day
of November, 2002 to, among other things, retain the Caston and Roanoke Rapids dams across the
Roanoke River.
The application provides adequate assurance that the retention of fill material into the waters of the
Roanoke River in conjunction with -retention and operation of these dams and other project activities will
not result in a violation of applicable Water Quality Standards, discharge guidelines and other applicable
State laws: Therefore, the State of North Carolina certifies that this activity will not violate the applicable
portions of ' Sections 301, 302, 303, 300, 307 of PL 92-500 and PL 95-217 if conducted in accordance
with the application and conditions hereinafter set forth. -
This approval is only valid for the purpose and design that you submitted in your application, as
described in the revised application. If you change your project, you must notify us and may be required
to send us a new application for a new Certification. If the property is sold, the new owner must be given
a copy of the Certification and approval letter and is thereby responsible for complying with all conditions.
For this approval to be valid, you must follow the conditions listed below. The issuance of this
Certification shall not exempt the applicant from complying with any and all statutes, rules, regulations, or
ordinances that may be imposed by other government agencies (local, state and federal) which have
jurisdiction, including but not limited to applicable river buffer rules in 15A NCAC 213 .0200, erosion and
sedimentation control requirements in 15A NCAC Chapter 4 and under the Division's General Permit
NCCo10000, and any requirements pertaining to wetlands under 15A NCAC 213 ,0200, 15A NCAC 2H
.0500 and 15A NCAC 2H .1300. This Certification is issued on the express representation by the
applicant that the Settlement Agreement referenced herein has been executed by all necessary
signatories and therefore is in effect. ' If the Settlement Agreement is not in effect as of July 30, 2003 then
this Certification may be modified by DWQ in order to .coincide with the relevant provisions of that
Settlement Agreement.
Condition(s) of Certification:
Flow in the Bypass Reach
1.1 Flow of water in the bypass reach shall not be less than 325 cfs at any time except as ' modified by
future adaptive management studies as approved in writing by DWQ. The adaptive management
studies shall focus on the spawning window (at least March 15 through June 15)-. However, slight
reduction in flows in the winter months may be approved, but shall not result in minimum flows less
than 300 cfs. The flow shall be released from both the, north and south ends of the dam so that it is
evenly distributed into the reach. The precise schedule for release may be developed in
consultation with the Cooperative Management Team ("CMT") consisting -of representatives of the.
NC Department of Environment and Natural Resources ("DENR"), NC Wildlife Resources
Commission ("WRC"), US Fish and Wildlife Service ("USFWS"), National Marine Fisheries Service
("NMFS") and the applicant.
1.2 The applicant shall provide on a periodic basis for the duration of 24 consecutive hours, flow to the
bypass reach of 500 cfs ("freshet flow") on a schedule provided by DWQ in consultation with W RC.
The scheduling of the Soo-cfs flow may be on weekends in order. to minimize the cost of
hydropower lasses.
1.3 The applicant shall follow an annual schedule provided by DWQ upon consultation with WRC to the
applicant by November 30 for the following year. The annual scheduling of the 500-cfs may not
exceed a total of 17 days of the freshet flows. After the annual schedule has been provided to the
applicant, DWQ may modify the schedule in consultation with WRC but shall give the applicant a
minimum of 10 days notice prior to modification of the 500-cfs scheduling. Whenever flood flows

require opening of the Roanoke Rapids dam floodgates for at least one 24-hour period and up to 21
days, this will count as one of the Soo-cfs flow days. to 22 to 42 -day flood release would count as
two freshet flow days, etc.) If, during a study cycle, the flow for a period of 21 days equals or
exceeds 500 cfs, the number of freshet flows required for that year will be reduced by one. The
applicant shall provide to DENR and WRC by March 31 of the following year, a report that lists the
days that the 500-cfs freshet flow was passed into the bypass reach. Consistent with article FL11. section 4 of the Settlement Agreement, during cycles two, three and four of the bypass reach study,
the annual scheduling of the Soo-cfs may not exceed a total of 13 days of the freshet flows.
1.4 The applicant shall reduce flood flow releases at the Roanoke Rapids dam from 35,000 cfs (or any
flow greater than 5,000 cfs through the floodgates) to 25,000 cfs in consultation with the US Army
Corps of Engineers ("USACE"). once the flood releases through the Roanoke Rapids floodgates
are reduced to 5,000 cfs, the applicant shall reduce the flows in the bypass reach per the rates in
Table 1 below:
Table 1
Hour
Release cfs
0
5,000
4
4,000
8
3,000
12
2;000
18
1,500
20
1,000
24
700
28
500
32
325
If flood releases occur but do not reach 5,000 cfs through the floodgates, the table above shall still
be used starting at the maximum flood release. The bypass reach flow may be temporarily
modified if required by unusual circumstances upon written agreement between the DWQ, and the
USACE and in consultation with the Licensee and the WRC. Temporary changes will be
coordinated with the other agencies of the CMT in a timely manner.
1.5 If DWQ, in consultation with the CMT, delays implementation of this condition to allow for the
collection of baseline data, implementation shall begin as determined by DWQ. If the
implementation of this condition is not so delayed, then the applicant shall begin releasing water
into the bypass reach within one week of acceptance of the new license for Federal Energy
Regulatory commission Project No. 2009 ("new FERC license").
1.5 The applicant, in consultation with the CMT, shall conduct the study described in article FL1,
section 4 of the Technical Settlement (Appendix B) of the Settlement Agreement. Consistent with
such article, the applicant shall not adopt a new flow regime for the bypass reach without written
approval from DWQ.
2 Minimum Releases from.the Roanoke Rapids dam -The following schedule shall be followed for the
minimum release of water from the darn. "Declaration" refers to the daily mean of the USACE weekly.
declaration. The applicant shall implement this new flow regime within 30 days of acceptance of the
new FERC license.
3

2.1 - Minimum and Target Flow Releases from Roanoke Rapids Dam
Timeframe
Condition
Minimum Flow
Jan. 1 - 15
Declaration < 6000 cfs
2000 cfs
Declaration z 6000 cfs
2500 cfs
Jan. 15 - Feb. 28129
Declaration < 6000 cfs
2500 cfs or declaration, whichever is less
Declaration ;.> 5000 cfs
3000 cfs
March
Declarations 3500 cfs
minimum flow = declaration
Declaration > 3500 cfs
minimum flow = 3500 for peaking days
5 peaking days during month
3 peaking day limit per week
3 consecutive peaking day limit
Can only peak in two of the weeks
Ramp up
Ramp up from min. by 5400 cfs hold for 1 hour,
then go to full load
Ramp down
Ramp down to min. flow + 5000 cfs, hold for one
hour then go to minimum flow.
April 1 - June 15
All conditions
Flow = mean of weekly declaration, no peaking
Ramp
Change from one to next weekly declaration
cannot exceed 5000 cfs per hour
June 16 - June 30
All conditions
2800 cfs or declaration, whichever is less
July 1 -September 15
All conditions
2000 cfs
Sept. 16 - Nov. 15
All conditions
1500 cfs
Nov. 16 - Nov. 30
All conditions
2000 cfs
Dec. 1 - Dec. 31
Declaration < 6000 cfs
2000 cfs
Declaration z 6000 cfs
2500 cfs
2.2 When the 'USAGE declares a drought, the applicant shall maintain the following drought minimum flows
unless otherwise directed by the USAGE in consultation with DWQ and WRC:
Table 2
January — August 2000 cfs
September -November 1500 cfs
December 2000 cfs
2.3 Transition from Flood Control to Normal H dro ower Operations -
The applicant shall work in conjunction with the USAGE to gradually reduce flows in the bypass
reach per the schedule described in Condition 1 of this Certification. Following USAGE flood
control releases from the Roanoke Rapids dam, the -applicant shall work in conjunction with the
USAGE to reduce flows in the mainstem river gradually during the months of May through
September to minimize the effects of inflow of water with low oxygen levels into Roanoke River from
downstream wetlands. Upon agreement with the USAGE and in consultation with DWQ, the
applicant shall implement the following step-down schedule from a 20,000-cfs flow:
Id

Table 3
Hour
Flow cfs
0
17,000
8
14, 000
16
12,000
20
11,000
24
10,800
28
10,000
32
9,500
36
9,000
This schedule may be revised upon written .request to DWQ if the ongoing USACE section 216
study indicates a different step-down schedule should be followed.
Table 3, above, represents a maximum flow reduction schedule. A slower step-down schedule.
(one that reaches the 9000 cfs flow over a longer period of time) may be approved by the USACE in
consultation with DWQ and the applicant on a case by case basis. During the time -frame needed
to execute the flow reduction schedule, the applicant would not engage in load -following operations.
The applicant shall implement the step-down flow schedule beginning when the applicant has
accepted the new FERC license.
3 Downstream Water Quality ae
3.1 Minimum Flow - Minimum flows.to address downstream uses _are discussed in Condition 2 of this
certification.
3.2 Erosion and Sedimentation -- The applicant shall develop a plan to monitor the effect of within -day
peaking on benthic mac roi nve rteb rates, fish communities and stream bank erosion along the
13 g
Roanoke River downstream of the Roanoke Rapids dam. The development of that plan shall be in
cooperation with a CMT consisting of WRC, DENR, USFWS, NMFS, the Nature Conservancy
("TINIC"), and the applicant, with the Regional Partnership of Local Governments ("RPLG") as an ex
officio member. Monitoring cycles shall consist of five-year periods beginning when the applicant
accepts a new FERC license. The applicant shall be required to fund the cost of implementing the
monitoring plan. up to the amount of $30,000 annually (2002 dollars adjusted according 'to the
Consumer Price Index). Any portion of the $30,000 not utilized shall be carried forward to the
Licensee's future annual budget cycles and shall be in addition to the $30,000 allocated for that
cycle. In the thirtieth year of the license, the Licensee shall consult with the CMT to determine if an
increase in funding of the monitoring program is appropriate. Within one year of the acceptance of
the new FERC license, the applicant shall transmit the plan to DWQ for written approval and
subsequent implementation by the applicant. If DWQ does not provide written comments to the
applicant within 60 days of receipt of this plan, then the plan may be implemented as submitted. .
During the first monitoring cycle, data collection shall not be required to start until year two to allow
for development of the monitoring plan and protocols.
DWQ, in consultation with the CMT, will review monitoring data at the end of each cycle to
determine if it establishes a link between the applicant's within -day peaking and (a) erosion of the
banks of the Roanoke River downstream of the Roanoke Rapids dam and/or (b) negative effects on
downstream benthic macroinvertebrate or fish species and communities. If such a link is
established, then DWQ — in consultation with the CMT -- will develop an approach that requires the
applicant to address those effects by modifying one of the following: maximum peaking flow;
difference between base flow and peak flow on peaking days; ramping rates; duration of base flow.
(in hours) between peaking releases; modification of the definition of a .peaking period in condition 8
of this Certification; or some other modification that the CMT suggests might reduce adverse
impacts of within -day peaking on aquatic biota and/or stream bank stability. Seasonal variations
5

may also be incorporated in this approach. Upon written notification of the development and written
approval from DWQ for this approach, the applicant shall implement this approach.
If subsequent monitoring indicates a continuing link between within -day peaking operations and
bank erosion and/or negative effects on downstream aquatic species and communities, then DWQ
— in consultation with the CMT — will develop an additional incremental modification from the those
listed in the paragraph above that the applicant must implement to further reduce those effects.
Upon written notification of any additional incremental modification, and so long as such
modifications reduce the latitude available to the applicant for within -day peaking by a proportional
amount equivalent to 5 divided by the period of the new FERC license in years, the applicant shall
implement such modification. The exact means for calculating the proportionality of steps will be
determined by DWO in consultation with the CMT. If any operational changes subject to this
section (3.2) would conflict with release requirements subject to sections 2, 3.4 or 3.5 of this
Certification, then the flow-related conditions of these other sections shall take precedence.
3.3 Minimum Oxvgen Releases from the Roanoke Rapids Dam -Water flowing through the hydropower
"turbines from the Roanoke Rapids dam shall meet or exceed the instantaneous dissolved oxygen
standard in effect as of the date of the discharge. The instantaneous dissolved oxygen standard as
of the date of this Certification is 4.0 mg/L (ppm) (15A NCAC 2B .0211(3)(b)).
Water flowing through the hydropower turbines from the Roanoke Rapids dam shall meet or exceed
the mean, daily dissolved oxygen standard in effect as of the date of the discharge. The mean,
daily dissolved oxygen standard as of the date of this Certification is 5.0 mg/L (ppm) (15A NCAC 28
.0211(3)(b)). The daily mean oxygen concentration shall be calculated as the mean of all
instantaneous analyses collected in a 24-hour period to be no less than 24, hourly measurements.
If dissolved oxygen concentrations immediately upstream of the project do not meet or exceed the
instantaneous dissolved oxygen standard and mean, daily dissolved oxygen standards in effect as
of the date of the discharge, then the Raleigh Regional office of DWQ shall be notified in writing
and via telephone. In any case, the dissolved oxygen in the water flowing through the hydropower
turbines from the Roanoke Rapids dam shall equal or exceed the upstream dissolved oxygen
concentration.
Oxygen concentrations shall be measured in the tailrace.
Within six months of the applicant's acceptance of a new FERC License, the applicant shall submit
a draft agreement to DWQ regarding the location of the sampling point upstream of the project. If
the dissolved oxygen water quality standard is not met in the tailwaters below Roanoke Rapids
dam, then the applicant shall begin sampling for dissolved oxygen levels within two business days
in Lake Gaston and in the tailwaters below Lake Gaston.
Data from the Roanoke Rapids monitoring shall be maintained on a real-time basis via internet and
forwarded to the Wetland/401 Unit, the Ecosystems Unit and the Raleigh and Washington Regional
Offices of DWQ every other month from November 1 through May 31 and monthly from June 1
through October 31. Data must be submitted electronically and DWQ shall be notified in writing that
the data have been sent. Data must include Flow (cfs), Dissolved Oxygen concentrations (mg/L)
and Water Temperature (°C).
In the event of temporary emergency conditions arising in the performance of the above conditions,
the applicant shall cooperate in good faith with DWQ and WRC to take such reasonable steps to
protect the water quality of the Roanoke River below the Gaston and Roanoke Rapids darns.
3.4 Flow Au mentation from Lake Gaston Storage durina Drought Conditions - Conditions requiring
flow augmentation from Gaston storage:
If all four of the following conditions are met, the applicant shall begin augmenting downstream
flows from the Lake Gaston storage in consultation with DWQ and WRC.
R

a) USAGE is operating Kerr reservoir under its drought management strategy,
b) Roanoke Rapids dam is not in a hydropower peaking mode and is only releasing drought
minimum flows as directed by the USAGE drought management strategy or when condition 2.2
is in effect,
c) A weekly declaration from USAGE is issued that is less than the total of drought minimum flow -
required at the Roanoke Rapids dam, and
d) Lake Gaston water level is above 197' msl.
Lake Gaston stora e - Lake Gaston normal water level shall be regulated by the applicant in order
to maintain the existing uses of the lake with the following provisions. If all of the drought storage is
used for downstream flow augmentation, then the applicant shall regulate Lake Gaston from 197.5'
msl to 196.5' msl, in order to meet system operational needs with the following provisions:
a) For the purpose of flow augmentation downstream under the conditions listed above, Lake
Gaston has 3 feet of drought storage. -
b) Lake Gaston has approximately 60,000 acre-feet of storage between 200' msl and 197' msl.
c) The applicant utilizes one foot of storage for normal operation between 200' msl and 199' msl.
Once above conditions are met, Lake Gaston storage shall be used to augment the downstream
flow to adhere to the FERC minimum flow, per direction of DWQ.
Once Lake Gaston reaches 197' msl, flow augmentation shall cease and flow entering the project
from Kerr Lake shall equal the flow leaving the Roanoke Rapids dam, after accounting for
consumptive withdrawals, evaporation and inflows to Lake Gaston and Roanoke Rapids Lake.
When the USAGE weekly declaration begins to exceed the Roanoke Rapids dam drought minimum
flows, the applicant shall allow Lake Gaston to refill to 199.5' msl prior to:
a) exceeding drought minimum flow at the Roanoke Rapids dam and,
b) starting to operate the Roanoke Rapids project in a hydropower peaking mode.
The applicant shall implement these conditions only upon consultation ►with and direction from the
USAGE and DWQ.
3.5 Downstream Water Qualitv Monitorin -
The applicant shall fund three of the current USGS continuous water quality .monitoring stations for
dissolved oxygen and temperature at Halifax, Oak City and Jamesville: These stations shall be.
operated continuously throughout the year.
The applicant shall provide funding annually by March 1 st of each year to DEN R.
The stations shall be monitored to document that dissolved oxygen levels in the Roanoke River, as
a result of the drainage of water from the. floodplain resulting from project, operations, equals or
exceeds the instantaneous dissolved oxygen standard and mean, daily dissolved oxygen standards
in effect as of the date of the discharge in the mainstem river (15A NCAC 2B .0211(3)(b)). This
concentration shall be calculated using all available daily data or as (at least) the mean of 24, hourly
instantaneous analyses.
At such time DWQ establishes that the applicant's operations do not or no longer affect
downstream water quality, applicant funding shall no longer be required.
If funding is discontinued in accordance with this Condition and subsequent applicant operational
changes enable DWQ to demonstrate that water quality monitoring is again necessary, the
applicant's funding requirement shall be reinstated. The study period shall be mutually agreed
upon by the applicant, DWQ and WRC.
7

Data shall be forwarded to the Wetlandl401 Unit, the Ecosystems Unit and the Raleigh and
Washington Regional offices of DWQ every other month (bi-rn onthly) from November 1 through
May 31 and monthly fromJune 1 through October 31. Data must be submitted- electronically. Data
must include all available parameters collected by the USCS (e.g. stage or flow) in addition to: site,
date, time, depth, dissolved oxygen concentrations (mg/L), and water temperature (oC).
In the event of -emergency water quality conditions, the applicant shall cooperate in good faith with
DWQ and WRC to take such reasonable steps to protect the water quality of the Roanoke River
below the Roanoke Rapids dam.
The applicant, DWQ and WRC shall mutually agree upon a method of evaluating data collected
within the first year of monitoring. Data evaluation shall occur on a five-year cycle.
If during water quality data evaluation, DWQ tin consultation with WRC) finds that scientific data
establish a causal link between the applicant's rescheduling of the USACE's weekly declaration and
the reduction of water quality in the mainstem river below State standards, the applicant with
concurrence of DWQ and WRC shall. identify and implement operational changes that will
significantly reduce the applicant's water quality impacts.
Each operational change implemented according to the preceding paragraph must reduce the
applicant's rescheduling of the USACE weekly declaration by a proportional amount equivalent to 5
divided by the period of the new FERC. license in years. Thus, if as the result of monitoring, the
applicant implements a change to reduce its rescheduling of the USACE weekly declaration at the
end of each monitoring .cycle, by the end of the last monitoring cycle, each day the applicant shall
release one seventh of the USACE weekly declaration. The exact .means for calculating the
proportionality of steps will be determined by DWQ in consultation with WRC and the applicant.
The applicant's flexibility for scheduling releases during a peaking day is not constrained by this
condition.
The applicant is not required by this Certification to make modifications to the, USACE weekly_
declaration.
The maximum operational duty of the applicant under this. condition is reached when the daily
water flow through the Roanoke Rapids dam equals one-seventh of the USACE weekly declaration
as long as this flow does not conflict with the requirements of condition 3.4 above.
4 Reporting of Consumptive Uses
The applicant shall identify and report in writing existing and proposed consumptive uses to DWQ.
and the NC Division of Water Resources ("DWR"). The applicant shall report the existing or
projected (as appropriate) average consumptive withdrawal and maximum capacity for each
withdrawal. The applicant shall report existing consumptive uses to DWQ and DW R within 60 days
of the acceptance of the new FERC license and shall report proposed new or expanded
consumptive uses to DWQ and DWR within 30 days of receiving a request for the proposed new or
expanded withdrawal and before submitting any requests to FERC. Conditions 4 through 7 of this
Certification apply to large consumptive uses, but not exclusively.
5 Conservation and Drought Management
In anticipation of low flow conditions, such as occur during critical droughts, the applicant shall take
actions as described in this Certification to ensure that sufficient water of adequate quality is and
will be available to assure compliance with State water quality standards and.other appropriate
requirements of State law. In furtherance of the purposes of this condition, article FL6, section 3 of
the Technical Settlement (Appendix B) of the Settlement Agreement ("FL6 § 3"), is made part of this
Certification as if set forth fully herein. Any amendment to FL6 § 3 shall not become a part of this
Certification except through the procedures set forth in condition 7. The applicant shall take all
actions specifically required of the applicant by FL6 § 3 and shall take all other necessary actions
within its authority to implement FL6 § 3.
P

8 No Fights Granted
This Certification does not grant or affirm any property right, license or privilege in any waters or
any right of use in any waters. This Certification does not authorize any person to interfere with the
riparian rights, littoral rights or water use rights of any other person, and this Certification does not
create any prescriptive right or any right of priority regarding any usage of water. No person shall
interpose this Certification as a defense in any action respecting the determination of riparian or
littoral rights or other water use rights. No consumptive user is deemed by virtue of this Certification
to possess any prescriptive or other right of priority with respect to any other consumptive user
regardless of the quantity of the withdrawal or the date on which the withdrawal was initiated or
expanded. This Certification issues on the express understanding of DEN R that, pursuant to
Federal Power Act section 27,16 U.S.C. § 821, the new FERC license does not establish or
determine a proprietary right to any use of water. It establishes the nature of the use to which a
proprietary right may be put under the Federal Power Act.
7 Continuing Compliance -
The applicant shall conduct its activities in a manner consistent with State water quality standards
(including any requirements resulting from compliance with section 303(d) of the Clean Water Act,
33 U.S.C. § 1313(d)) and any other appropriate requirements of State law and federal law. if DwQ
determines that such standards or laws are not being met (including- the failure. to sustain a
designated or achieved use or to comply with -any new or amended water quality standards or other
appropriate requirements of State or federal law) or that State or federal law is being violated, or
that further conditions are necessary to assure .compliance, DwQ may reevaluate and modify this
Certification to include conditions appropriate to assure compliance with such standards and
requirements in accordance with 15A NCAC 2H.0507(d). Before modifying the Certification, D1NQ
will notify the applicant and FERC, provide public notice in accordance with 15A NCAC 2H.0503
and provide opportunity for public hearing in accordance with 15A NCAC 2H.0504. Any- new or
revised conditions will be provided to the applicant in writing, will be provided to the USAGE for
reference in any permit issued pursuant to Section 404 of the Clean Water Act, 33 U.S.C. § 13449
for the project, and shall also become conditions of the new FERC license for the project. This
condition shall constitute "reserved authority" as that term is used in Section 9.2 of the Settlement
Agreement. The conditions of this Certification are not modified or superseded by any condition or
article of the new FERC license.
8 Definitions/Glossary of Terms =
The. -listed terms are definitions utilized throughout this Certification unless otherwise specified in
specific conditions of the Certification.
cfs —(Cubic feet per second) - Volume of one cubic foot of water passing a given point in one
second.
Day - The 24 hour period from midnight to midnight,
Diadromous Fish — Fish that live as adults in a salt water system and spawn in a fresh water
system (anadromous) or fish that live as adults in fresh water and spawn in salt water
(catadromous).
Drought Declaration --- For the purpose of this settlement agreement, a declared drought is
whenever the USACE activates the Drought Advisory Committee.
Electrical Demand Emergency - A condition of the applicant's power grid that potentially would
lead to reduction in voltage (brownouts) or removing alternating customers from electrical service
(rolling black -outs) because demand exceeds production within the applicant's service area.
Flood Control - The controlled release of water from the USAGE Kerr dam when the level in- Kerr
Reservoir is in or above Zone E of the guide curve.
Instantaneous Flow - The flow in cfs passing a point at a particular instant.
Kerr Dam (Boggs Island Dam) - The dam on the Roanoke River immediately upstream of the
Caston dam, forms Kerr Lake federally owned and operated by the USAGE.
mg/L (milligrams per liter) -- An expression of chemical concentration of matter (solid, liquid or
gas) dissolved in a liquid (usually water).

Minimum Flow and Target Flow -- Unless otherwise stated, minimum flow and target flow shall
refer to the sum of the instantaneous releases made by the applicant from Roanoke Rapids dam.
IU WH (megawatt hour) - A unit of measure for the production of electricity equal to 1 million watts
for one hour.
Peaking Day -- Any day when the amount of water released by the applicant from the Roanoke
Rapids dam exceeds the daily mean of the USACE weekly declaration by 1000 cfs averaged over
the day.
Peaking Period -- Any two-hour period when the mean rate of release in cfs exceeds the hourly
mean of the daily release by 2500 cfs or more, or as modified as per section 3.2.
ppm (parts per million) — An expression of chemical concentration of matter (solid liquid or gas)
dissolved in a liquid (usually water). One ppm = one mg/L.
Settlement Agreement - The "Comprehensive Relicensing Settlement Agreement for the Roanoke
Rapids and Gaston Dam Project, FERC Project No. P-2009," effective July 2003.
USACE Weekly declaration - The total amount of water the USACE allocates for release in one
week, plus additional water (energy) utilized by the applicant or Progress Energy from their storage
accounts, including adjustments the USACE may make during the week. The declaration may be
referred to in either power (MWH) or flow (cfs) units. when compared to or used to define minimum
flow or target flow, the weekly declaration shall be net of evaporation, consumptive uses and local
inflows into Lake Gaston and Roanoke Rapids Lake, except that water withdrawals shall not be
considered consumptive uses to the extent they are supported by the release of water from
dedicated storage in Kerr Reservoir.
Week - The period of 7 days covered by the weekly declaration of the Corps, currently, Saturday
0000 hours through Friday 2400 hours.
Weekly Declaration Flood (WDFlood) — any floodplain inundation that results (or -would result)
from a USACE weekly declaration of flood control releases whether or not the applicant releases
peaking flows during the week.
Within -day Peaking -- Any day with, one or more peaking periods.
Within -week Peaking — Any week with.one or more peaking days.
Violations of any condition herein set forth may result in revocation of this Certification and may result in
criminal'and/or civil penalties or other enforcement action. This Certification shall become null and void
unless the above conditions are made conditions of the FERC Permit. This Certification shall expire upon
expiration of the FERC permit.
If this Certification is unacceptable to you, you have the right to an adjudicatory hearing -upon written
request within sixty (00) days following receipt of this Certification. 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, P.O. Box 27447, Raleigh, N.C. 27011-7447. If modifications are made to an
original Certification, you have the right to an adjudicatory hearing on the modifications upon written
request within sixty (00) days following receipt of the Certification. Unless such demands are made, this
Certification shall .be final and binding.
This the 301h day of July 2003
DIVISION aF WATER QUALITY
ek, P. hecto
Certification Number 3208( t
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Certificate of Completion
DWQ Project No.: 02-6919 County: Halifax and other adjacent counties
Applicant: Dominion North Carolina Power
Project Name: Roanoke Rapids and Lake Gaston FERC Project
Date of Issuance of 401 Water Quality Certification: July 36, 2603
completion Upon of all work approved within the 401 Water Quality Certification or applicable Buffer
p
Rules, and any subsequent modifications, the applicant is required to return this certificate to the
401/Wetlands Unit, North Carolina Division of Water Quality, 1621 Mail Service Center, Raleigh,
NC, 27699-1621.This form may be returned to DWQ by the applicant, the applicant's authorized
agent, or the project engineer. It is not necessary to send certificates from all of these.
Applicant's Certification
1 , hereby state that, to the best of my abilities, due care
and diligence was used in the observation of the construction such that the construction was
observed to be built within substantial compliance and intent of the 401 Water Quality Certification
and Buffer Rules, the approved plans and specifications, and other supporting materials.
Signature:
Agent's Certification
Date:
1 , hereby state that, to the best of my abilities, due care
and diligence was used in the observation of the construction such that the construction was
observed to be built within substantial compliance and intent of the 401 Water Quality Certification
and Buffer Rules, the approved plans and specifications, and other supporting, materials.
Signature:
If this project was designed by a Certified Professional
Date:
19 , as a duly registered Professional (i.e.,
Engineer, Landscape Architect, surveyor, etc) in the State of North Carolina, having been
authorized to observe (periodically, weekly, full time) the construction of the project, for the
Permittee hereby state that, to the best of my abilities, due care and diligence was used in the
observation of the construction such that the construction was observed to be built within
substantial compliance and intent of the 401 Water Quality Certification and Buffer Rules, the
approved plans and specifications, and other supporting materials.
Signature:
Registration .No.
Date
11