HomeMy WebLinkAbout20031110 Ver 5_Court Case Settlement_20081210r?
U
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Duke
0 sPower®
Nantahala Area
Nantahala River
Hydroelectric Project
F E RC # 2692
Settlement
Agreement
December 2003
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Duke
e Energy
Duke Energy Corporation
422 South ( hurch Jtrcet
PO. Box 1244
ChartUttr. NC 28201-1244
Carry S. Rice
Mad Code PBO;E
i'honc (704) 382-11 t I
?,n; e a du t:e-cnr_?y?_ a?i n
Januarv 5.2001
1%1a,,alie R. Salai
?+ccrcfarv
Federal EnergxIZegulatury Commission
XXX First Street N.F.
Wnshington. llC 20326
Re: Duke Power, a Division of'Duke Etzergp Corporation, Namahalrr Area, Nantalrala
Hvilroelectrfc Project, FERCProject a'o. 2692
Dear M Salas.
On behalf of Duke Power, a Division of'wke Energy Corporation. Nantahala Area, licensee
for the Nantahala Hyclroclccuic Proicet ("Duke"), I am enclosing for hhn?? in the above-captioned
pioceedin6 an on.ginal and eight copies of Duke's Settlement Aercemcnt and Explanatory Statement
ith respect to the application for new license for the Nantahala Hydroelectric Project that ?X ill be
tiled on or about Februar} 28, 2004. Copics of the Settlement Agreement and Explanatory Statement
arc being screed on participants in the settlement process.
H copy of this letter, all participants in file settlement process are hereby notified. in
compliance with Rules 602(d)(2) of the Commission Rules of Practice and Procedure, I S C.F.R.
;S5.602(d)(2). that comments on the Settlement Agreement may be ailed not later than 20 days alter
the filing ol'the Settlement Agreement and reply comments may be Bled not later than 30 days after
the filing, of the Settlement Agreement, unless otherwise provided by the Commission.
Should you have any questions regarding this matter. please do not hesitate to contact me at
(704)382-81 1 1 or John Whittaker at (202) 371-5766.
Sincerely.
G S. ce
(iSK:jg
EnclOSUI'es
pa
Cc: (rvlenclosurc) Partici nts
John A. Whittaker. Wlinston & Strawn
J.C. Wishon. Jr
J. Ci l.irtcbt;rger
0
0 UNITED STATES OF AMERICA
BEFORE THE
FEDERAL ENERGY REGULATORY COMMISSION
Duke Power, a division of }
Duke Energy Corporation, )
Nantahala Area ) Project No. 2692
1
SUBMISSION BY DUKE POWER, A DIVISION OF
DUKE ENERGY CORPORATION, NANTAHALA AREA,
OF SETTLEMENT AGREEMENT AND REQUEST FOR ISSUANCE OF NEW
LICENSE INCORPORATING TILE ARTICLES AND ATTACHMENTS
SPECIFIED IN THE SETTLEMENT AGREEMENT
Pursuant to Rule 602 of the Rules of Practice and Procedure of the Federal Energy
Regulatory Commission ("Commission" or "FERC") (18 C.F.R. ? 385.602), Duke Power, a
Division of Duke Energy Corporation, Nantahala Area ("DPNA" or "Licensee"), licensee of the
Nantahala Project No. 2692 ("Nantahala" or "the Project"), he reby (I ) submits o comprehensive
settlement agreement ("Settlement Agreement") resolving all issues related to DPNA's
application, inter ulia, for a new license for Nantahala that will be filed by DPNA with FERC on
or before February 28, 2004, and (2) requests that the Commission issue a new license for the
project incorporating the articles and attachments specifieoi in the Settlement Agreement and that
arc othenvise consistent with the terms and provisions of the Settlement Agreement.
In accordance with Rule 602(c)(1)(ii) (IS C, F, R. S 385.602(c)(1)(ii)), set forth
below is an Explanatory Statement as to the Settlement Agreement and this submittal.
•
EXNL.IN:?'I't)12l' S'i'.-?'1'E,hIENT
1, Raetk2lound
In October 2003. DPNA and 20 other participants in its cooperative rclicensing
process tier Nantahala and the Dillshoro Project No. 2602 ('"Dillsboro"), entered into the
Scitlemenf Agreement, ?Nhich resolves all issues related to DPNA's future application Icn, a neW
lic:ensc for NAntabol<t and its pcmlin?L, application fir subsequent license for Dillsboro that was
filed by DPNA with FERC Oil July 22.2001. I'hc participants in this process included state and
Federal resource al-encics, tribes, local governments and associations.. and other nom-
governmental org?ini -ation, 'She settlement process achieved a balance of competing resource
interests consostfnt with the various goycrning statutes' "latemeltts oi' public interests This
outcome was realized by de\eloping objecti\es and by reaching a compromise consensus on
measures to protect. enhance. and mitigate impacts to ecological resources while providing for
other beneficial uses of the Nantahala River and its tributaries. includino hydroelectric
generation. consumptive uses ofhro_ject water. and recreation.
A multi-party stakeholder group Nvas formed in November 2001 and, with the
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help of' a facilitator fi-om the Natural Resources Leadership 111Stltttte o(' North Carolina State
University, developed a charter setting forth the toround niles to aid in the decision-making
process and to guide settlement discussions. Uver the course of the neXt two years. the
stakeholder team met to identify key issues, develop studies. and negotMtc issues related to the
Project. The stakeholder team developed a non-binding Consensus Agreement and those
stakeholders in agrccrncnt with that Consensus Agreement signed it ott May 16, 2003.
Following the signing of the Consensus Agreement, stakeholder members began converting it
into a binding settlement agreement. seeking input cis needed from their lgal counsel- The final
Settlement :agreement was signed by DPNA and 20 of the other 22 stakeholders, including all
I
0 the relevant state and fedCral resource aI,ICIICIIS {'Taf'tlcs"),I at a Signing Ceremony In Ch rokcc,
North Carolina, on October 29. 2003. A windoly Of oplx0rtunity was provided until Novc°mber
t 5, 2003, for the additional stakeholders to sign the Settlement Agreement: none took advantage
of that opportunity.`
11. 'She Settlement Agreement
The Settlement Agreement encompasses operations and obiigations at Nantahala
and Dillshoro and is related to and similar in many respects to another settlement agreement
entered into for the West Fork Project No. 2686 ("West fork") and the Fast Fork Project No.
2698 ("Fast lrork").3
The Settlement Agreement relates to issues lm olvin(_? reservoir levels. public
recreatlori facilities. Public information, minimum flaws, recreational flows. resource
enhancements. Shoreline management, cultural resources, sediment management. partnerships in
•
The 21 Parties to the Settlement Agreement are American Whitewater Affiliation. Big Choga
Homeowners Association, Carolina Canoe Club, DPNA, Eastern Band of Cherokee Indians,
Mountain Shadows llotncovvners Association, Nantahala Community. Nantahala Gorge
Association, Nantahala Highlands Estates Property Owncrs Association, Nantahala Outdoor
Center. Nantahala Racing Club, Natural Resources Conservation Service, North Carolina
Department of f,nvironment and Natural Resources ("NC Division of Water Resources, NC
Division oh Parks & Recreation, NC Division of Water Quality), North Carolina Wildlife
Federation. North Carolina Wildlife Resources Commission, Southwestern North Carolina
Resource CODSCINation and Development Council, Swain County Economic Development
Commission, Swain County Soil and Water Conservation District, North Carolina Council oi'
Trout Unlimited, Inc.. United States Fish & Wildlife Service and the United States Forest
Service.
z The stakeholders involved in the cooperative rclicensing process that signed the Consensus
Agreement but did not sign the Scttlcment Agrcement were the Nantahala Volunteer Fire &
Rescue Department and American Ricers.
' A Ruie 602 submittal with respect to the icttlenicnt agreement on the East Fork and West Fork
Projects is being made concurrently with this tiling: the application for new license for these two
projects will be filed by DPNA with FF:KC on or before January 31 .2004.
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the sharin-, of benefits, hydroelectric operational flexibility, recreation area construction and
management, and compliance monnornig, and report
The Settlelllent Agreement contains four distinct aspects:
A. Proposed License Articles
The Settlement Agreement contains cloven proposed license articles for inelusion
in the new license for Nantahala 'I'liese articles are clearly identified throughout the Settlement
Agrccmcrit. Section 16.0 of the Settlement Atarecinent acknovvled es that the Parties entered
into the Settlement Agreement with the express understanding that the C'01111111SSion would issue
a new license ineorporatin;() the proposed license article:: without material modification. Material
changes to the proposed license articles would lead to adverse conscquenees, including the
potential for Parties to withdraw or for the entire Settlement .Agreement to be terminated.
'l'hcrefore, the. Parties urge the Commission to seriously regard the parties' intentions and to
i adopt the proposed license articles as submitted without material moditicatiort
As noted, the Settlement Agreement resolves all issues with respect to the Project,
including Dillsboro. As discusses! in Section 6.4 of the Settlement Agreement, DPNA and the
other Parties have agreed that DPNA will the with FFRC by June 1, 2004, an application to
surrender the existing license for Dillsboro, deconninssion and remove Dillsboro Dam, and close
or otherwise dispose of the Dillsboro Powerhouse 4 However, DPNA is not requesting in this
Rule 002 submission that the Commission take any action with respect to Dillsboro. DPNA will
request Commission action a to Dillsboro in its license surrender application. DPNA notes,
however, that, if Dillsboro Dam is not sernovcd, one portion of one of the proposed licellse
articles for Nantah?ala (proposed Article 404(A) pertaining; to tntnzmitln t]otiti?s) niay change and
4 The Execa,tive Summary of the Environmental ,Assessment prepared by the Parties on the
removal 4 Dillshoro Dam is appended to the Settlement Agreement as Attachment F.
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that certain ntlhcr ohligations of the Parties under the Settlement Ajr-cement will be affected.
ConsequentlV. DPNA urOes the Commission to act on the license sw7render application fry,
Dillsboro to be filed by June 1,2004. before rssutng the new license for Nantahala.
B. Non-License Settlement "Terms
In addition to the proposed license articles, the Settlement Agreement contains a
number of provisions that the Parties have agreed to undertake outside the licenses and hence
cyould not become license provisions or articles. These agreemerit provisions are contractual in
nature and in many instances require 1)PNA to undertake certain actions. In other instances.
these provisions require other parties to take certain actions or prohibit Parties from 0110,101112, ill
certain activities. Examples include cost-share funding for certain enhancements, providing
public information on Duke Power's website and telephone system. and undertaking certain
actions pnor to the new license being issued for Nantahala.
0 C. General Terms
The Settlement Agreement also contains a number of general, terms and
miscellaneous provisions related to administrative matters and to some substantive matters, such
as prohibiting Parties from seeking actions inconsistent with the terms of the Settlement
Agreement. 'T'here arc terms dealing with the procedure to be invoked if all agency or other
entity with regulatory jurisdiction takes an action inconsistent with the Settlement Agreement
and terms dealing with typical contractual matters such as enforceability, modification.
controlling law. etc.
D. Attachments fpcorporated by Reference
Appended to the Settlement Agreement are ten attachments that are either
included for illustrative purposes or are to he incorporated into the Settlement Agreement and the
new license for Nantahala. These attachnicnts include the earlier non-binding Consensus
•
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Agreement for the Nantahala Cooperative Stakeholder Tear. the Low Inflow Protocol. the
Hydro Project Maintenance and Emer,rencN? Protocol. a Shoreline Management Program, a Draft
Access Area Matnteriance A-reement bewxen DPNA and the North Carolina Wildlife
Resources Commission, a Dillsboro Dam Removal Environmental Assessment Executive
Summary, a list of Designated RepresentAiVes for Receipt of Notices, a listing of Terms and
Phrases and their Definitions and Abbreviations, a Riparian Flahitat Enhancement Fund
Description, and a Description of the Conservation Tract.
The attachments that the Parties to the Settlement Agreement request the
Commission incorporate into the new liccrnsc are Attachment S (Low Inflow Protocol (LIP) for
the Naniahala Project) and Attachment C (Ilydro Project Maintenance & Erergenev Protocol
MPMEP) li)r the Nantnhala Project). Sce proposed license Articles 401, 404,40~, and 406 for
the Project Proposed license article 408 references Attachment D to the Settlement Agreement
(Shoreline Management Program for the Nnntahala Ilydro Projects including- Shoreline
Classification Maps, Lake Use Restrictions, Vegetation Management Requirements and the
Shoreline Management Guidelines); the documents in attachment D also will be included in the
application for new license for Nantahala.
Ill, Supportint Documentation
The Parties to the Settlement Agrecrnent concur that the information developed as
part of the stakeholder process. which will he included in the application for new license,
supports the mitigation and enhancement measures contained in the Settlement Agreement,
includin?,r DPNA's obligations set forth in the proposed license articles. A variety of studies
agreed to as pail of the cooperative stakeholder team process were completed before the
finalization of the Settlement Agreement Those studies, along with other documents. serve as
•
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the basis l()r discussions and negotiations leading to the consensus reflected in the Settlement
Agreement.
REQUEST FOR COMMISSION ACTION
CONSISTENT WITH SETTLEMENT AGREEMENT
DPNA respectfully requests that the Commission issue a new license for
Nantalhala incorporating the articles and attachments spccificd in the Settlement Agreement as
discussed Kiho%e. and that is other'.vise cemsistcut with the ternti and provisions of the Settlement
Agreement.
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Respe t `ully submitted,
I r ?
Garr, S. R'
Associate ,eneral Counsel
Duke Fnergy
422 South Church Street
Charlotte, NC 28202-1904
Phone: (704) 382-8111
Fax. (704) 382-8137
t -Mail. gsricc(a?duke-energy. coin
nC:;3;96.2
0 CERTIFICATE OF SERVICE
!_ ih?: undersigned, do hereby r..crtif' ' that colnc5 of two o f'the iareguing docun,:ents, the
nownpual Ater and 1'?planatory Statement were served on Me I'artic.:paws as referenced in footnows
&' 2 F'pla.r,?twy statement by mailing same in the united States tnaiL properly addressed atul tirst
Aws hunagv prepaid, on this the. 8th day of January, 2001 The Settlement Agreement and all its related
a±taclm?ents e pramnsly h"n scni to;d] the Participants and a thcakwe not included In this
InaiIitltf.
Garry S.
Associate eneraI Counsel
422 South Church Street
Charlotte, NC' 2, 202-1904
Phone: (704) 382-811 1
Fax (704) 3X2-8137
E-Mal priculldukc-ener,com
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DC:332596.2
UNITED STATES OF AMERICA
BEFORE THE
FEDERAL ENERGY REGULATORY COMMISSION
Duke Power, a division of )
Duke Energy Corporation, )
Nantahala Area ) Project No. 2692
SUBMISSION BY DUKE POWER, A DIVISION OF
DUKE ENERGY CORPORATION, NANTAHALA AREA,
OF SETTLEMENT AGREEMENT AND REQUEST FOR ISSUANCE OF NEW
LICENSE INCORPORATING THE ARTICLES AND ATTACHMENTS
SPECIFIED IN THE SETTLEMENT AGREEMENT
Pursuant to Rule 602 of the Rules of Practice and Procedure of the Federal Energy
Regulatory Commission ("Commission" or "FERC") (18 C.F.R. § 385.602), Duke Power, a
Division of Duke Energy Corporation, Nantahala Area ("DPNA or "Licensee"), licensee of the
• Nantahala Project No. 2692 ("Nantahala" or "the Project"), hereby (1) submits a comprehensive
settlement agreement ("Settlement Agreement") resolving all issues related to DPNA's
application, inter alia, for a new license for Nantahala that will be filed by DPNA with FERC on
or before February 28, 2004, and (2) requests that the Commission issue a new license for the
project incor-poratingthe articles and attachments specified in the Settlement Agreement and that
are otherwise consistent with the terms and provisions of the Settlement Agreement.
In accordance with Rule 602(c)(1)(ii) (18 C.F.R. § 385.602(c)(1)(ii)), set forth
below is an Explanatory Statement as to the Settlement Agreement and this submittal.
0
t
EXPLANATORY STATEMENT
1. Backimound
In October 2003, DPNA and 20 other participants in its cooperative relicensing
process for Nantahala and the Dillsboro Project No. 2602 ("Dillsboro"), entered into the
Settlement Agreement, which resolves all issues related to DPNA's future application for a new
license for Nantahala and its pending application for subsequent license for Dillsboro that was
filed by DPNA with FERC on July 22,2003. The participants in this process included state and
federal resource a(xencies, tribes, local governments and associations, and other non-
governmental organizations. The settlement process achieved a balance of competing resource
interests consistent with the various governing statutes' statements of public interests. This
outcome was realized by developing objectives and by reaching a compromise consensus on
measures to protect, enhance, and mitigate impacts to ecological resources while providing for
other beneficial uses of the Nantahala River and its tributaries, including hydroelectric
generation, consumptive uses of project water, and recreation
A multi-party stakeholder group was formed in November 2001 and, with the
help of a facilitator from the Natural Resources Leadership Institute of North Carolina State
University, developed a charter setting forth the ground rules to aid in the decision-making
process and to guide settlement discussions. Over the Course of the next two years, the
stakeholder team met to identify key issues, develop studies, and negotiate issues related to the
Project. The stakeholder team developed a non-binding Consensus Agreement and those
stakeholders in agreement with that Consensus Agreement signed it on May 16, 2003.
Following the signing of the Consensus Agreement, stakeholder members began converting it
into a binding settlement agreement, seeking input as needed from their legal counsel. The final
Settlement Agreement was signed by DPNA and 20 of the other 22 stakeholders, including all
0 the relevant state and federal resource agencies ("Parties"V at a signing ceremony in Cherokee,
North Carolina, on October 29, 2003. A window of opportunity was provided until November
15,2003, for the additional stakeholders to sign the Settlement Agrecnnent; none took advantage
of that opportunity.2
if. The Settlement Agreemen t
The Settlement Agreement encompasses operations and obligations at Nantahala
and Dillsboro and is related to and similar in many respects to another settlement agreement
entered into for the West Fork Project No. 2686 („West Fork") and the East Fork Project No.
2698 ("East Fork'").3
The Settlement Agreement relates to issues involving reservoir levels, public
recreation facilities, public intormation, minimum flows, recreational flows, resource
0 enhancements, shoreline management, cultural resources, sediment management, partnerships in
The 21 Parties to the Settlement Agreement are American Whitewater Affiliation, Big Choga
Homeowners Association, Carolina Canoe Club, DPNA, Eastern Band of Cherokee Indians,
Mountain Shadows Homeowners Association, Nantahala Community, Nantahala Gorge
Association, Nantahala Highlands Estates Property Owners Association, Nantahala Outdoor
Center, Nantahala Racing Club, Natural Resources Conservation Service, North Carolina
Department of' Environment and Natural Resources (NC Division of Water Resources, NC
Division of Parks & Recreation, NC Division of Water Quality), North Carolina Wildlife
Federation, North Carolina Wildlife Resources Commission, Southwestern North Carolina
Resource Conservation and Development Council, Swain County Economic Development
Commission, Swain County Soil and Water Conservation District, North Carolina Council of
Trout Unlimited, Inc., United States Fish & Wildlife Service and the United States Forest
Serl'ice.
2 The stakeholders involved in the cooperative relicensing process that signed the Consensus
Agreement but did not sign the Settlement Agreement were the Nantahala Volunteer Fire &.
Rescue Department and American Rivers.
3 A Rule 602 submittal with respect to the settlement agreement on the East Fork and West Fork
Projects is being made concurrently with this tiling; the application for new license for these two
projects will be filed by DPNA with FERC on or before January -13 1,2004.
the sharing of benefits, hydroelectric operational flexibility, recreation area construction and
management, and compliance monitoring and reporting.
The Settlement Agreement contains four distinct aspects:
Proposed License Articles
The Settlement Agreement contains eleven proposed license articles for inclusion
in the new license for Nantahala. These articles are clearly identified throughout the Settlement
Agreement. Section 16.0 of the Settlement Agreement acknowledges that the Parties entered
into the Settlement Agreement with the express understanding that the Commission would issue
a new license incorporating the proposed license articles without material modification. Material
changes to the proposed license articles would lead to adverse consequences, including the
potential for Parties to withdraw or for the entire Settlement Agreement to be terminated.
Therefore, the Parties urge the Commission to seriously regard the Parties' intentions and to
adopt the proposed license articles as submitted without material modification.
As noted, the Settlement Agreement resolves all issues with respect to the Project,
including Dillsboro. As discussed in Section 6.4 of the Settlement Agreement, DPNA and the
other Parties have agreed that DPNA will file with FERC by June 1, 2004, an application to
surrender the existing license for Dillsboro, decommission and remove Dillsboro Dam, and close
or otherwise dispose of the Dillsboro Powerhouse.4 However, DPNA is not reciuesting in this
Rule 602 submission that the Commission take any action with respect to Dillsboro. DPNA will
request Commission action as to Dillsboro in its license surrender application. DPNA notes,
however, that, if Dillsboro Dam is not removed, one portion of one of the proposed license
articles for Nantahala (proposed Article 404(A) pertaining to minimum flows) may change and
4 The Executive Summary of the Environmental Assessment prepared by the Parties on the
removal of Dillsboro Dam is appended to the Settlement Agreement as Attachment F.
4
that certain other obligations of the Parties under the Settlement Agreement will be affected.
Consequently, DPNA urges the Commission to act on the license surrender application for
Dil lsboro to be filed by.June 1,2004, before issuing the new license for Nantahala.
B. Non-License Settlement Terms
In addition to the proposed license articles, the Settlement Agreement contains a
number of provisions that the Patties have agreed to undertake outside the licenses and hence
would not become license provisions or articles. These agreement provisions are contractual in
nature and in many instances require DPNA to undertake certain actions. In other instances,
these provisions require other Parties to take certain actions or prohibit Parties from engaging in
certain activities. Examples include cost-share finding for certain enhancements, providing
public information on Duke Power's website and telephone system, and undertaking certain
0 actions prior to the new Iicense being issued for Nantahala.
C. General Terms
The Settlement Agreement also contains a number of general terms and
miscellaneousprovisions related to administrative matters and to some substantive matters, such
as prohibiting Parties from seeking actions inconsistent with the terms of the Settlement
Agreement. There are terms dealing with the procedure to be invoked if an agency or other
entity with regulatory jurisdiction takes an action inconsistent with the Settlement Agreement
and terms dealing with typical contractual matters such as enforceability, modification,
controlling law, etc.
D. Attachments lncoroorated by Reference
Appended to the Settlement Agreement are ten attachments that are either
included for illustrative purposes or are to be incorporated into the Settlement Agreementand the
new license for Nantahala. "These attachments include the earlier non-binding Consensus
Agreement for the Nantahala Cooperative Stakeholder 'Team, the Low Inflow Protocol, the
Hydro Project Maintenance and Emergency Protocol, a Shoreline Management Program, a Draft
Access Area Maintenance Agreement between DPNA and the North Carolina \Vildlife
Resources Commission, a Dillsboro Dam Removal Environmental Assessment Executive
Summary, a list of'Designated Representatives for Receipt of Notices, a listing of Terms and
Phrases and their Definitions and Abbreviations, a Riparian Habitat Enhancement Fund
Description, and a Description of the Conservation Tract.
The attachments that the Parties to the Settlement Aureement request the
Commission incorporate into the new license are Attachment B (Low Inflow Protocol (LIP) for
the Nantahala Project) and Attachment C (Hydro Project Maintenance & Emergency Protocol
(HPMEP) for the Nantahala Project). See proposed license Articles 401, 404, 405, and 406 for
the Project. Proposed license article 408 references Attachment D to the Settlement Agreement
(Shoreline Management Program for the Nantahala Hydro Projects including Shoreline
Classification Maps, Lake Use Restrictions, Vegetation Management Requirements and the
Shoreline Management Guidelines); the documents in Attachment D also will be included in the
application for new license for Nantahala.
III. SuaportW2 Documentation
The Parties to the Settlement Agreement concur that the information developed as
part of the stakeholder process, which will be included in the application for new license,
supports the mitigation and enhancement measures contained in the Settlement Agreement,
including DPNA's obligations set forth in the proposed license articles. A variety of studies
agreed to as part of the cooperative stakeholder team process were completed before the
finalization o f the Settlement Agreement. Those studies, along with other- documents, serve as
0 6
0 the basis for discussions and negotiations leading to the consensus reflected in the Settlement
Agreement.
REQUEST FOR COMMISSION ACTION
CONSISTENT WITH SETTLEMENT AGREEMENT
DPNA respectfully requests that the Commission issue a new license for
Nantahala incorporating the articles and attachments specified in the Settlement Agreement as
discussed above and that is otherwise consistent with the terms and provisions of the Settlement
Agreement.
•
•
Respectfullysubmitted,
Garry S. Rice
Associate General Counsel
Duke Energy
422 South Church Street
Charlotte, NC 28202-1904
Phone: (704) 382-8111
Fax: (704) 382-8137
E-Mail: gsrice@duke-energy.com
DC:332546.2
NCST SETTLEMENT AGREEMENT
STATE OF NORTH CAROLINA
• COUNTY OF MECKLENBURG
DUKE POWER, a division of DUKE ENERGY CORPORATION, NANTAHALA AREA
SETTLEMENT AGREEMENT
THIS SETTLEMENT AGREEMENT ("Agreement" or "Settlement Agreement"), made
and entered into as of the 29th day of October, 2003, by and between DUKE POWER, a division
of DUKE ENERGY CORPORATION, NANTAHALA AREA, a corporation organized and
existing pursuant to the laws of the State of North Carolina, with its principal place of business
in Mecklenburg County, North Carolina ("DPNA" or "the Licensee"); the AMERICAN
WHITEWATER AFFILIATION (AW); BIG CHOGA HOMEOWNERS ASSOCIATION
(BCHA); CAROLINA CANOE CLUB (CCC); EASTERN BAND OF CHEROKEE INDIANS
(EBCI); MOUNTAIN SHADOWS HOMEOWNERS ASSOCIATION; NANTAHALA
COMMUNITY; NANTAHALA GORGE ASSOCIATION (NGA); NANTAHALA
HIGHLANDS ESTATES PROPERTY OWNERS ASSOCIATION; NANTAHALA OUTDOOR
CENTER (NOC); NANTAHALA RACING CLUB (NRC); NATURAL RESOURCES
CONSERVATION SERVICE (NRCS); NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES (NCDENR) WITH ITS DIVISION OF
WATER RESOURCES (NCDWR), ITS DIVISION OF PARKS & RECREATION (NCDPR),
AND ITS DIVISION OF WATER QUALITY (NCDWQ); NORTH CAROLINA WILDLIFE
FEDERATION; NORTH CAROLINA WILDLIFE RESOURCES COMMISSION (NCWRC);
SOUTHWESTERN NORTH CAROLINA RESOURCE CONSERVATION &
DEVELOPMENT; SWAIN COUNTY ECONOMIC DEVELOPMENT COMMISSION;
SWAIN COUNTY SOIL & WATER CONSERVATION DISTRICT; NORTH CAROLINA
COUNCIL OF TROUT UNLIMITED (TU); UNITED STATES DEPARTMENT OF
INTERIOR WITH ITS FISH & WILDLIFE SERVICE (USFWS); UNITED STATES
DEPARTMENT OF AGRICULTURE WITH ITS FOREST SERVICE (USFS) (collectively
"Stakeholders"), (all referenced stakeholders and DPNA collectively "Parties"), provides as
follows:
WITNESSETH
WHEREAS, DPNA operates a hydroelectric power project on the Nantahala River in
Macon County and Clay County, NC known as the Nantahala Project (the "Project") pursuant to
a license issued by the Federal Energy Regulatory Commission ("FERC") (FERC Project No.
2692) and consisting primarily of the following major components (see the Exhibit K drawing
from the existing FERC license for the Nantahala Project which describes the project boundary
in more specific detail, including but not limited to any shoreline buffer strips, tailrace and
bypassed stream reaches and various rights-of-way)::
?J
NCST_Settlement Agreement. ORIGINAL. doc I Rev.: 10/23/03
NCST SETTLEMENT AGREEMENT
a) A 1605-acre reservoir (the "Reservoir" or "Nantahala Lake") located
approximately ten miles upstream of the confluence of the Nantahala Powerhouse
Tailrace with the Nantahala River; and
b) An earth and rock fill dam (250 ft high x 1,042 ft long) (the "Nantahala Dam")
impounding the water in the Nantahala River near River Mile 23.0; and
c) A small (16 ft high x 115 ft long) concrete dam ("Whiteoak Creek Diversion
Dam") impounding the water in Whiteoak Creek near River Mile 2.4 creating a
pond ("Whiteoak Creek Pond") with negligible storage with approximately two
miles of tunnel and steel pipeline ("Whiteoak Creek Penstock") connecting
Whiteoak Creek Pond to the Nantahala Penstock about '/4 mile upstream of the
confluence of Dicks Creek with the Nantahala River; and
d) A small (16 ft high x 109 ft long) concrete dam ("Dicks Creek Diversion Dam")
impounding the water in Dicks Creek near River Mile 1.2 creating a pond ("Dicks
Creek Pond") with negligible storage with approximately 3/4 mile of steel pipeline
("Dicks Creek Penstock") connecting to the Nantahala Penstock about 0.5 mile
upstream of the confluence of Dicks Creek with the Nantahala River; and
e) A small (4 ft high x 39 ft long including wing walls) concrete dam ("Diamond
Valley Diversion Dam") impounding a small brook which diverts water into Dicks
Creek Pond through a corrugated steel culvert pipe; and
f) A powerhouse ("Nantahala Station" or "Nantahala Powerhouse") located on the
Nantahala River near River Mile 13.8 and being supplied with water from
Nantahala Lake by a 5.6-mile tunnel and steel penstock ("Nantahala Penstock")
extending from Nantahala Dam;
WHEREAS, on August 6, 2000, DPNA (formerly Nantahala Power & Light, a Division
of Duke Energy Corporation) filed a Notice of Intent with the FERC to apply for a new license
for the Project;
WHEREAS DPNA, in addition to the Project, also operates and is applying for new or
subsequent FERC licenses for six of its other hydroelectric power projects located in western
North Carolina which are: the East Fork Project (FERC Project No. 2698), the West Fork Project
(FERC Project No. 2686), the Dillsboro Project (FERC Project No. 2602), the Bryson Project
(FERC Project No. 2601), the Mission Project (FERC Project No. 2619) and the Franklin Project
(FERC Project No. 2603) (collectively all seven are "the DPNA Hydro Projects");
WHEREAS, on November 14, 2001, the Parties, plus AMERICAN RIVERS and the
NANTAHALA VOLUNTEER FIRE & RESCUE DEPARTMENT formally met as the
Nantahala Cooperative Stakeholder Team (NCST) to begin the process of developing a non-
binding consensus agreement with regard to the issues related to the relicensing of the Project;
WHEREAS, on May 16, 2003, the Parties plus AMERICAN RIVERS and the
NCST_Settlement_Agreement.ORIGINAL.doc 2 Rev.: 10/23/03
NCST SETTLEMENT AGREEMENT
NANTAHALA VOLUNTEER FIRE & RESCUE DEPARTMENT signed a non-binding
Consensus Agreement (Attachment A) concerning all substantive matters of interest to them
related to the relicensing of the Project, and the Parties indicated on said Consensus Agreement
their desire to work together to convert the Consensus Agreement into this binding Settlement
Agreement, and AMERICAN RIVERS and the NANTAHALA VOLUNTEER FIRE &
RESCUE DEPARTMENT, by their qualified signatures on said Consensus Agreement,
indicated that they opposed certain portions of the Consensus Agreement and would not
participate in the development of this binding Settlement Agreement;
WHEREAS, a similar process was used by another collaborative group, the Tuckasegee
Cooperative Stakeholder Team (TCST), to resolve issues related to the relicensing of the East
Fork Project, the West Fork Project and the Dillsboro Project;
WHEREAS, on May 16, 2003, members of the TCST also signed a non-binding
consensus agreement concerning all substantive matters of interest related to the relicensing of
the East Fork, West Fork and Dillsboro projects;
WHEREAS, on or before February 28, 2004, DPNA will file an application consistent
with this Settlement Agreement in all respects with the NCDWQ for a Water Quality
Certification for the Project pursuant to §401 of the Clean Water Act, as amended;
WHEREAS, on or before February 28, 2004, DPNA will file an application consistent
with this Settlement Agreement in all respects with the FERC for a new license ("New License")
for the Project;
WHEREAS, DPNA's application for the New License will include proposed facilities to
enhance day-use and camping recreational opportunities at the Project's reservoir, day-use
activities along the Nantahala River Bypassed Reach and tailrace, flow regimes for the bypassed
reaches and the tailrace, enhanced communication of reservoir levels and flow releases, and
other resource enhancement initiatives;
WHEREAS, the Parties agree that generating power at the Station and providing
recreational releases into the tailrace, as well as providing for minimum stream flows in the
bypassed reaches, recreational stream flows in the Nantahala River Bypassed Reach, and
managing the Reservoir's levels for fish habitat enhancement and other purposes are all
important uses of the limited waters of the Nantahala River and its tributaries and that the terms
of this Settlement Agreement strike a reasonable balance among these uses;
WHEREAS, the Parties agree that sharing the burden during periods of low inflow and
maintenance and emergency conditions is important, and that the Low Inflow Protocol
(Attachment B) and the Hydro Project Maintenance & Emergency Protocol (Attachment C) are
reasonable compromises by the Parties to define operational changes during these time periods;
WHEREAS, there are terms, phrases and abbreviations specific to the Stakeholder
• Process that led to this Settlement Agreement and the significant terms, phrases and
abbreviations are defined in Attachment H;
NCST_Settlement_Agreement.ORIGINAL. doc 3 Rev.: 10/23/03
NCST SETTLEMENT AGREEMENT
40 WHEREAS, this Settlement Agreement is the culmination of the Parties' desire, as set
forth in the May 16, 2003 Consensus Agreement, to draft from the Consensus Agreement a
binding agreement, and this Settlement Agreement faithfully sets forth in more detail and
specificity, in contractual terms, the concepts described and to which the Parties agreed in the
Consensus Agreement;
WHEREAS, the Parties have now reached full agreement on the resolution of all of the
material resource matters at issue in the New License for the Project, specifically including but
not limited to reservoir level limitations, public recreational facilities, minimum flow
requirements for habitat and recreation, downstream recreational flows, flow and reservoir level
communications, resource enhancements, shoreline management guidelines, cultural resources,
sediment management, and compliance monitoring and reporting requirements, all of which
result in the Parties relinquishing certain arguments and potential outcomes in exchange for the
certainty of the agreed upon terms and conditions.
•
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NCST SETTLEMENT AGREEMENT
C
NOW, THEREFORE, IN CONSIDERATION of all other actions and undertakings as set
forth herein below, the Parties contract, settle and agree as follows:
1.0 Reservoir Level Agreements
1.1 The Parties agree to the following reservoir level limitations.
1.2 By signing this Agreement, the Parties recommend that the following proposed
Article 401 be incorporated into the New License that the FERC is expected to issue for
the Project:
ARTICLE 401
(A) The Licensee shall use the existing float-operated gage or a suitable replacement
gage to monitor the actual level of Nantahala Lake. The Licensee shall calibrate the
reservoir stage level gage within 60 days following its acceptance of this license and at
least once every two years thereafter.
is
(B) The Licensee shall maintain the elevation of Nantahala Lake between the Normal
Minimum and Normal Maximum Elevations ("Normal Operating Range") indicated in
the table below, except when the Licensee is permitted to vary from the Normal
Operating Range as established below. All elevations are relative to the top of the dam
(including the flood gates and fuse plugs), with 100.0 ft = Normal Full Pond Elevation
(approximately 3012.2 ft USGS datum). The elevations shown are for the first day of the
given month. Elevations for other days of the month are determined by linear
interpolation.
1Vnrmal FW1 Pnnd F7Pvntinn = 7000 ft = nnnrnvimntoly zo I? '),o Normal Normal Target Normal
Month Minimum
Elevation ft Elevation (ft) Maximum
Elevation ft
Jan 73 78 83
Feb 76 83 88
Mar 78 88 93
Apr 85 93 98
May 93 97 99.5
Jun 93 97 99.5
Jul 93 97 99.5
Au 91 96 99.5
Se 88 93 98
Oct 83 88 93
Nov 78 83 88
Dec 73 78 83
t
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NCST SETTLEMENT AGREEMENT
(C) The Licensee shall endeavor in good faith to achieve the Normal Target Elevations at
Nantahala Lake.
(D) The Licensee may temporarily vary from the Normal Operating Range as identified
above if required by conditions beyond the Licensee's control or by operating
emergencies or maintenance needs as defined in Attachments B and C. Such temporary
variances shall be in accordance with the Low Inflow Protocol or the Hydro Project
Maintenance & Emergency Protocol, incorporated into this license as Attachments B and
C, respectively.
(E) There will be no reservoir level limitations on Whiteoak Creek Pond or Dicks Creek
Pond and no requirements for the Licensee to provide actual reservoir level monitoring
devices at those two ponds.
END OF PROPOSED FERC LICENSE ARTICLE 401
1.3 The Parties agree that as long as the actual level of Nantahala Lake is maintained
within the Normal Operating Range as identified above or appropriately within the boundaries as
identified in the Low Inflow Protocol (Attachment B) or the Hydro Project Maintenance &
Emergency Protocol (Attachment C), then DPNA will be in compliance with Paragraph 1.2 of
this Settlement Agreement.
1.4 The Parties, with the exception of NCDENR, agree that as long as the actual level
of Nantahala Lake is maintained within the Normal Operating Range as identified above or
appropriately within the boundaries as identified in the Low Inflow Protocol (Attachment B) or
the Hydro Project Maintenance & Emergency Protocol (Attachment C), then DPNA will be in
compliance with requirements protective of water quality and with the expected conditions of the
401 Water Quality Certification with regard to reservoir levels at the Project. NCDENR agrees
that, once the 401 Water Quality Certification is issued, actual compliance with the terms and
conditions thereof will provide adequate assurance of compliance with State water quality
standards and other appropriate requirements of State law.
1.5 Beginning January 1, 2004, and to the extent permitted by DPNA's current
license, DPNA shall implement the above Normal Operating Range for Nantahala Lake and may
use the above referenced Low Inflow Protocol and Hydro Project Maintenance & Emergency
Protocol. The Licensee shall fully comply with these protocols when specified by the New
License.
2.0 Public Recreation Facility Agreements
2.1 The Parties agree to the following recreational facilities.
2.2 By signing this Agreement, the Parties recommend that the following proposed
Article 402 be incorporated into the New License that the FERC is expected to issue for the
• Project:
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NCST SETTLEMENT AGREEMENT
0 ARTICLE 402
(A) The Licensee shall complete the following recreation facilities enhancements no later
than five years after the last of the following occurrences: acceptance by the Licensee of
this license, final Commission approval for any construction within the project boundary,
and final construction approvals required from other regulatory agencies:
(1) Addition of one pump-and-haul-type toilet, trash collection (for support of
recreational use only), lighting (designed to minimize effects on fish and
wildlife), and a bank fishing area at each of the Big Choga and Rocky Branch
Access Areas;
(2) Reimbursement to the USFS of up to $50,000 for the USFS's costs for
construction of scattered boat-accessible-only primitive camping sites on USFS-
owned property, provided that further evaluation by the Licensee in consultation
with the USFS and NCDPR indicates a need for these facilities; or, if the
evaluation indicates no need for these facilities or if the USFS requires
reimbursement of less than $50,000, then the Licensee shall reimburse USFS with
the remaining funds for the USFS's costs for construction of the USFS facilities
noted in (4) and (5) below;
(3) Construction of one wildlife viewing platform at either the Big Choga Access
Area, Rocky Branch Access Area, or USFS-owned property adjoining Nantahala
Lake, to be constructed by the Licensee if it is located on property owned by the
Licensee or the Licensee shall reimburse the USFS for the USFS's costs if it is on
USFS-owned property, provided the cost does not exceed $5,000 and the
Licensee, the NCWRC, USFS, and USFWS agree that the platform is needed.
(4) Convey to the USFS approximately three acres of the Licensee's property for
expansion of the parking area at the USFS-owned boating access area at the
confluence of Rowlands Creek with the Nantahala River, with the final property
conveyance boundaries being established as only those properties needed for the
USFS to expand the parking area per a USFS-prepared layout of the expanded
parking area that is mutually agreeable to the USFS and the Licensee;
•
(5) Convey approximately two acres of the Licensee's property and lease
additional portions of the Licensee's property (up to an approximate total of four
acres of property leased and conveyed) to the USFS near and including the land
presently used as a commercial access launch site near River Mile 13.8 of the
Nantahala River so the USFS can improve the commercial boat launch site, with
the final property conveyance and lease boundaries being established as only
those properties needed for the USFS to improve the commercial boat launch site
per a USFS-prepared facilities layout that is mutually agreeable to the Licensee,
the USFS and the Nantahala Gorge Association;
NCST_Settlement_Agreement.ORIGINAL. doe 7
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NCST SETTLEMENT AGREEMENT
40 (6) Construction of barrier-free fishing access on the Licensee's property located
on the Nantahala River Bypassed Reach near River Mile 14.0;
(7) Construction of parking for at least five cars and an access trail to the
Nantahala River Bypassed Reach on USFS-owned property on Wayah Road
(State Road No. 1310) below the Cascades section near River Mile 16.5;
(8) Construction of parking for at least five cars and a viewing platform on USFS-
owned property along Wayah Road (State Road No. 1310) at the "Horns of God"
rapid in the Cascades section near River Mile 17.0;
(9) Construction of parking for at least five cars on USFS-owned property along
Old River Road (Forest Route No. 308) at Slot Falls near River Mile 17.8.
(B) The Licensee shall complete the following recreation facilities enhancements within
15 years after the last of the following occurrences: acceptance of this license by the
Licensee, final Commission approval for any construction within the project boundary,
and final construction approvals required from other regulatory agencies:
(1) Construction of parking for at least three cars along Old River Road (Forest
Route No. 308) at Cocktail Falls on USFS-owned property near River Mile 19.0;
(2) Construction of parking for at least three cars along Old River Road (Forest
Route No. 308) near Whiteoak Creek on USFS-owned property near River Mile
17.6;
(3) Paving of the parking areas at Big Choga and Rocky Branch Access Areas.
(C) To plan for construction, operation and maintenance of the recreational facilities
identified in Article 402(A) and (B) above, the Licensee shall complete the following
within one year after its acceptance of this license:
(1) Consult with the appropriate federal, state and/or local agencies and other
interested parties and prepare a Recreation Facilities Plan that describes in
sufficient detail the facilities to be constructed within the project boundaries,
provides a schedule for facility construction and describes the associated facility
operation and maintenance plans and responsibilities;
(2) File the Recreation Facilities Plan with the Commission for approval.
END OF PROPOSED FERC LICENSE ARTICLE 402
2.3 The Parties agree that with respect to the leasing and / or conveyance of DPNA
property per proposed Article 402(A)(4) and (5) above: (1) DPNA will lease and/or convey to
the USFS only that portion of land required for the recreation facilities that will be installed
within the first five years following DPNA's acceptance of the New License; (2) DPNA will
NCST_Settlement Agreement.ORIGINAL.doc 8 Rev.: 10/23/03
NCST SETTLEMENT AGREEMENT
determine if its property will be leased or conveyed after DPNA, the Nantahala Gorge
Association (NGA), and the USFS finalize the USFS-prepared facilities layout; (3) Any lease to
the USFS will be for $1/year, which amount shall not be adjusted pursuant to Section 10 of this
Agreement, provided the USFS will develop the facilities within the first five years following
issuance of the New License and continue management of the facilities without cost to DPNA
for the term of the New License in accordance with a USFS-prepared site development and
management plan that is approved in writing by DPNA; and (4) Any lease will be for a term of
years that shall coincide with the beginning and expiration of the New License, with the option
by DPNA but not the obligation to renew once the initial lease term has expired.
3.0 Public Information Atireements
3.1 The Parties agree to the following public information improvements.
3.2 By signing this Agreement, the Parties recommend that the following proposed
Article 403 be incorporated into the New License that the FERC is expected to issue for the
Project:
ARTICLE 403
The Licensee shall reimburse the United States Geological Survey (USGS) on an annual
basis for its cost to maintain USGS Gage # 03505500 located downstream of the
Nantahala Powerhouse near River Mile 11 on the Nantahala River (or a suitable
replacement gage in this vicinity as determined by USGS) to enhance public access to
information concerning river flow conditions.
END OF PROPOSED FERC LICENSE ARTICLE 403
3.3 DPNA agrees to make the following specific public information improvements
beginning in 2004 and to continue providing these public information improvements throughout
the term of the New License for the Project: (1) Reimburse the United States Geological Survey
(USGS) for the reactivation of USGS Gage # 03505500 in Nantahala Gorge (or a suitable
replacement gage in this vicinity as determined by USGS) upon completion of such by the
USGS, and reimburse USGS for ongoing maintenance of said gage; (2) Provide information in a
timely manner on its website for Nantahala Lake (the Normal Operating Range, actual reservoir
level, recent reservoir level history, near-term reservoir level projections and special messages),
and recreational flows (generation and Nantahala River Bypassed Reach flow release schedules,
a hotlink to USGS Gage # 03505500 in the Nantahala Gorge (or a suitable replacement gage in
this vicinity as determined by USGS), and special messages). (3) Provide information in a
timely manner on its telephone system for Nantahala Lake (actual reservoir level and special
messages) and recreational flows (generation and Nantahala River Bypassed Reach flow release
schedules and special messages); (4) Ensure that special messages on its website and telephone
system include but not be limited to those conveying changes in reservoir levels and recreational
is flows due to implementation of the Low Inflow Protocol and/or the Hydro Project Maintenance
& Emergency Protocol; (5) Provide, in conjunction with the NCWRC, USFWS and USFS
NCST_Settlement Agreement. ORIGINAL. doc 9 Rev.: 10/23/03
NCST SETTLEMENT AGREEMENT
• (agencies to provide print ready copy), lake access recreational information signs and wildlife
information kiosks for up to three sites (one for a site on USFS property and two for sites on
DPNA-owned property) at a total DPNA cost not to exceed $30,000; (6) Work with the NCWRC
and the USFS to provide river access recreational information including the dangers of rapidly
rising water; and (7) Evaluate future communications technology advancements over the term of
the New License and implement cost effective technologies that enhance the delivery of
reservoir and recreation flow information.
3.4 DPNA agrees to consult with the North Carolina State Historic Preservation
Officer (NCSHPO) and the Tribal Historic Preservation Officer (THPO) for the Eastern Band of
Cherokee Indians (EBCI) to ensure adequate measures are in place to protect against the
unauthorized release of any maps or any other information that provide the physical location of
any cultural resource sites.
4.0 Minimum Flow Agreements for Bypassed Reaches
4.1 The Parties agree to the following minimum flows in bypassed reaches.
•
4.2 By signing this Agreement, the Parties recommend that the following proposed
Article 404 be incorporated into the New License that the FERC is expected to issue for the
Project:
ARTICLE 404
(A) The Licensee shall provide the following minimum flows in bypassed reaches: (1)
From the Whiteoak Creek Penstock: a total of 8 cfs into Dicks Creek from November 1
through May 31 and, after installation of the second valve required by subparagraph
(C)(2) of this Article, a total of 16 cfs into Dicks Creek from June 1 through October 31;
and (2) From the Whiteoak Creek Diversion Dam after installation of the minimum flow
device required by subparagraph (C)(3) of this Article, 8 cfs or the inflow into Whiteoak
Creek Pond, whichever is less, into Whiteoak Creek at the base of the dam from January
1 through December 31.
(B) The Licensee shall continue to maintain Dicks Creek as free flowing with outflow
from the base of Dicks Creek Diversion Dam being equal to inflow into Dicks Creek
Pond.
•
(C) The Licensee shall within six months following its acceptance of this license, consult
with the NCWRC, NCDWR, NCDWQ, USFWS and the USFS and file a plan
("Minimum Flow Plan") for Commission approval to modify project facilities to: (1)
Maintain the existing minimum flow valve capable of releasing up to 8 cfs, as calibrated
and metered at the valve, from the Whiteoak Creek Penstock into Dicks Creek; (2) Install
an additional minimum flow valve capable of releasing up to 8 cfs, as calibrated and
metered at the valve, from the Whiteoak Creek Penstock into Dicks Creek; and (3) Install
a minimum flow device capable of releasing up to eight cfs, as calibrated and metered at
NC ST-Settlement-Agreement. ORIGINAL. doc 10
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NCST SETTLEMENT AGREEMENT
• the device, from the Whiteoak Creek Diversion Dam into Whiteoak Creek. By February
28, 2006 or within one year following Commission approval of such plan, whichever
comes later, the Licensee shall complete the modifications of project facilities identified
in the plan and begin providing the minimum flows as specified in this Article.
(D) The Licensee may temporarily vary from the minimum flows identified in Paragraph
(A) if required by conditions beyond the Licensee's control or by operating emergencies
or maintenance needs as defined in Attachments B and C. Such temporary variances shall
be in accordance with the Low Inflow Protocol or the Hydro Project Maintenance &
Emergency Protocol, incorporated into this license as Attachments B and C, respectively.
(E) The Licensee will calibrate the meters used to monitor minimum flows within 60
days following installation of the additional minimum flow valve and device identified in
this Article and at least once every two years thereafter.
•
END OF PROPOSED FERC LICENSE ARTICLE 404
4.3 The Parties agree that DPNA will continue providing each minimum flow for
each release point as specified by the current license, even after expiration of the current license,
until the new minimum flow, pursuant to the New License, for any specific release point is
required to be implemented under terms of the New License.
5.0 Recreation Flow Agreements
5.1 The Parties agree to the following recreational releases and related scheduling and
communication initiatives for the Nantahala River tailrace and bypassed reach.
5.2 By signing this Agreement, the Parties recommend that the following proposed
Article 405, Article 406 and Article 407 be incorporated into the New License that the FERC is
expected to issue for the Project:
ARTICLE 405
Beginning on February 28, 2006 or within one year following its acceptance of this
license, whichever is later and except for periods of temporary variance as noted herein,
the Licensee shall:
(A) Operate the Nantahala Powerhouse to provide during the times set forth below
("Normal Generation Schedule to Support Recreation") instantaneous releases equal to or
greater than the flow at which the project produces power most efficiently:
LJ
Period Schedule
2" Monday in March through March 31 10:00 am to 3:00 pm, 7 days per
week
April 10:00 am to 4:00 m, 7 days per
NCST_Settlement_Agreement.ORIGINAL. doc 11 Rev.: 10/23/03
NCST SETTLEMENT AGREEMENT
•
0
week
May through Labor Day, except as noted below. 9:00 am to 5:00 pm, 7 days per
week
The Saturday & Sunday immediately preceding 9:00 am to 6:00 pm
Memorial Da
The Saturday & Sunday immediately preceding Labor 9:00 am to 6:00 pm
Da
September after Labor Day (Sunday through Friday) 10:00 am to 4:00 pm, 6 days per
week
September after Labor Day (Saturday) 9:00 am to 5:00 pm, 1 day per
week
October (Sunday through Friday) 10:00 am to 3:00 pm, 6 days per
week
October (Saturday) 9:00 am to 5:00 pm, 1 day per
week
(B) Provided the sponsoring or requesting organizations have consulted with the
Nantahala Gorge Association (NGA) and have integrated their needs with the Normal
Generation Schedule to Support Recreation as much as possible, operate the Nantahala
Powerhouse to provide up to 70 hours per calendar year of additional recreational
releases from generation at or above the best efficiency flow to support major whitewater
races and consider on a case-by-case basis additional recreational releases from
generation to support other special events.
(C) Provided the sponsoring or requesting organizations have consulted with the
Nantahala Gorge Association (NGA) and have integrated their needs with the Normal
Generation Schedule to Support Recreation as much as possible, consider on a case-by-
case basis requests to temporarily alter the Normal Generation Schedule to Support
Recreation for special purposes. The Licensee shall consider requests that would shift
the hours of generation to different times or reduce the total hours of releases to conserve
the available water supply, but shall not consider requests that would add additional
hours to the Normal Generation Schedule to Support Recreation for the month.
(D) The Licensee may temporarily vary from the recreational releases from the Nantahala
Powerhouse as identified above if required by conditions beyond the Licensee's control
or by operating emergencies or maintenance needs as defined in Attachments B and C.
Such temporary variances shall be in accordance with the Low Inflow Protocol or the
Hydro Project Maintenance & Emergency Protocol, incorporated into this license as
Attachments B and C, respectively.
END OF PROPOSED FERC LICENSE ARTICLE 405
ARTICLE 406
0 (A) Beginning at the later of (1) on February 28, 2006, (2)(a) upon submittal to the
Licensee of a written and complete traffic management plan developed by the USFS and
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NCST SETTLEMENT AGREEMENT
(b) completion of construction of the improved parking areas immediately above and
below the Cascades section near River Mile 16.5 on the Nantahala River Bypassed
Reach, or (3) within one year following its acceptance of this license, the Licensee shall
provide the following recreational flow schedule using a Tainter Gate at Nantahala Dam,
except during periods of temporary variance as noted herein. The target flows and times
are for flows and flow arrival times immediately below the confluence of Whiteoak
Creek with the Nantahala River. Actual release amounts from the Tainter gates need to be
large enough that when combined with other tributary and accretion flows, the total is at or above
the approximate target flowrates.
•
When Dates Targe
t
Flow Hrs Times
f
s
One Spring 250 6 10 am to
Saturday One Weekend Between 4 m
One Spring April 15 and 30 350 6 10 am to
Sunda 4 m
250 3 4 pm to 7
m
250 3 4 pm to 7
Four Summer Between Pin
Afternoons June 15 and August 31 250 3 4 pm to 7
Pin
250 3 4 pm to 7
m
300 7 10 am to
One Fall Saturday One Weekend 5 pm
Between September 15 425 5 10 am to
One Fall Sunday and 30 250 2 3 pm
(These flows are to occur 3 pm to 5
as a single event m
The actual release dates shall be as determined annually by the interested parties per
Article 407 below.
(B) The Licensee may temporarily vary from the recreational releases from Nantahala
Dam as identified above if required by conditions beyond the Licensee's control or by
operating emergencies or maintenance needs as defined in Attachments B and C. Such
temporary variances shall be in accordance with the Low Inflow Protocol or the Hydro
Project Maintenance & Emergency Protocol, incorporated into this license as
Attachments B and C, respectively.
END OF PROPOSED FERC LICENSE ARTICLE 406
• ARTICLE 407
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NCST SETTLEMENT AGREEMENT
is To evaluate and enhance the scheduling of recreational flow releases, the Licensee shall:
(A) In October of each year of the license term, convene a recreation schedule planning
meeting with the interested parties to define the recreation flow schedule for the next
calendar year.
(B) In October immediately following the first five full recreation seasons under the
requirements of this license, convene a meeting with the interested parties to evaluate the
recreational releases (both from the Nantahala Powerhouse and the Nantahala Dam) over
the previous five years and to identify potential mutually agreeable improvements.
END OF PROPOSED FERC LICENSE ARTICLE 407
5.3 During the first two years of recreation flow releases in the Nantahala River
Bypassed Reach, the USFS, NCWRC, NCDWR and the USFWS will monitor the existing
fishery in the Nantahala River Bypassed Reach and identify any significant adverse impacts to
fisheries caused by these recreation flow releases. In October after the first and second seasons
of releases, DPNA will convene a meeting with AW, CCC, NGA, TU, USFS, NCWRC,
USFWS, and NCDWR to discuss any proposed changes that are based on the monitoring results.
Notwithstanding Paragraph 17.3, if DPNA, AW, CCC, NGA, TU, USFS, NCWRC, NCDWR
and the USFWS all agree in writing to permanent schedule changes, the changes will take effect
as agreed by the aforementioned Parties unless FERC approval is required, otherwise DPNA
shall develop and submit to FERC a request in whatever form is necessary to effect such change
and the change will take effect according to the FERC approval. No Party shall request a
modification of the recreation flow release schedule that would change the total number of hours
per month (for generation releases) or per calendar year (for Tainter gate releases) at the
approximate target flows.
5.4 The Parties also agree that: (1) DPNA will continue recreation flow releases in
accordance with the current license until the New License becomes effective; (2) For the
purposes of the recreation flow schedule planning meetings identified in the proposed New
License Article 407 above, the "interested parties" will be notified in advance of the meetings
and in addition to DPNA, will at least include the NCWRC, NCDWR, USFWS, USFS, TU, AW,
NGA, NRC, CCC, Georgia Canoe Association, Bartram Trail Association and a representative
of a Nantahala Lake homeowners association; (3) DPNA will begin hosting the annual recreation
schedule planning meeting in October 2004; (4) Notwithstanding Paragraph 17.3, if all Parties
present at an annual recreation schedule planning meeting agree in writing to permanent
schedule changes, the changes will take effect as agreed by the aforementioned Parties unless
FERC approval is required, otherwise DPNA shall develop and submit to FERC a request in
whatever form is necessary to effect such change and the change will take effect according to the
FERC approval. No Party may request a modification of the recreation flow release schedule
that would increase the total number of hours per month (for generation releases) or per calendar
year (for Tainter gate releases) at the appropriate target flows; (5) All organizations sponsoring
whitewater races or special events must consult with the NGA to coordinate race schedules with
the Normal Generation Schedule to Support Recreation as much as possible prior to making a
request to DPNA for additional hours of release; (6) Race/special event sponsors must also hold
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NCST SETTLEMENT AGREEMENT
the required permits from the USFS; and (7) DPNA will continue providing an employee to
serve as a primary point of contact for recreation issues and to ensure continued effective
communications with businesses and the general public that use the river sections that have
flows affected by the DPNA Hydro Projects.
6.0 Other Multi-Proiect Resource Enhancement Agreements
6.1 The Parties agree to the following resource enhancement initiatives that mitigate
for various impacts of the Project as well as various impacts at the other DPNA Hydro Projects.
6.2 DPNA shall provide the following support to the Dillsboro STEPS (Small Town
Enhancement Planning Strategy) Initiative: (1) Up to 200 hours of labor supplied by DPNA staff
for the period June 2003 through December 2004 to help implement the initiative; (2) Work with
the Town of Dillsboro and other partners to develop a brief written history of hydropower in
western North Carolina, particularly in the Tuckasegee and Nantahala River Basins by
December 31, 2004; and (3) Provide $50,000 to the Town to help implement DPNA-selected
elements of the STEPS initiative.
6.3 The Parties acknowledge that DPNA worked with the USFWS, NCDWR,
NCDWQ, NCWRC, the North Carolina State Historic Preservation Officer (NCSHPO) and the
EBCI and completed the necessary environmental, cultural resource, and engineering
assessments regarding removal of Dillsboro Dam and potentially the Dillsboro Powerhouse (see
Attachment F). These assessments evaluated the potential effects of dam removal on aquatic
species; determined the extent of any cultural resources impacts, and considered the options for
removing the powerhouse (i.e. removal, closure, or leave as-is).
6.4 DPNA believes based on the above mentioned assessments that the preferred
alternative is full removal of Dillsboro Dam and closure of the Dillsboro Powerhouse. DPNA
therefore agrees to: (1) File a license surrender application with the FERC by June 1, 2004 to
decommission and remove Dillsboro Dam and close or otherwise dispose of the Dillsboro
Powerhouse; (2) Continue operating the Dillsboro Project under the terms of the current license
until dam removal begins; (3) Decommission the dam and powerhouse and complete dam
removal and powerhouse closure / disposition within three years following the final FERC
approval order; (4) Prepare, obtain FERC approval of and implement an environmental
monitoring plan in association with the dam removal, including completion of the DPNA-
implemented portions of any post-removal stream restoration and annual monitoring within two
years following completion of dam removal; (5) Offer, for one year following completion of dam
removal and powerhouse decommissioning and any DPNA portion of stream restoration and
monitoring, to convey interest to all its property associated with the Dillsboro Project including
land and improvements to the Town of Dillsboro; (6) If the Town of Dillsboro decides not to
accept conveyance of the Dillsboro Project property, or if the Town of Dillsboro fails to
complete conveyance in its allotted one-year period, whichever comes first, offer for one year to
convey interest in all DPNA's property associated with the Dillsboro Project including land and
improvements to Jackson County; (7) If neither local government wants the property or neither
completes the property conveyance in the allotted time, dispose of its property as DPNA sees fit;
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NCST SETTLEMENT AGREEMENT
(8) Provide the Town of Dillsboro with a written accounting of the dam removal process,
including a summary of expected benefits, within one year following completion of dam removal
and powerhouse decommissioning and any DPNA portion of stream restoration and monitoring;
(9) Seek cost-share funding and in-kind service partnerships with other entities to minimize
DPNA's actual costs throughout the Dillsboro Dam Removal Project; (10) Contribute, within
three years following completion of all DPNA work activities associated with the Dillsboro Dam
Removal Project, an amount equal to DPNA's cost savings (the difference between the budgeted
costs of $500,000 and the actual costs of dam demolition and powerhouse closure / disposition
(including project management), any sediment removal and any stream restoration) up to
$100,000, to (i) the Town of Dillsboro for additional investment in DPNA-selected elements of
the STEPS initiative if the Town is a Party to this Settlement Agreement involving dam removal,
or (ii) to the Riparian Habitat Enhancement Initiative (described in Paragraph 6.8 below) if the
Town is not a Party to this Settlement Agreement. Any cost savings above $100,000 will be
contributed to the Riparian Habitat Enhancement Initiative; and (11) Work closely with the
Town of Dillsboro during the development of the Dillsboro Project license surrender application
to evaluate creative partnership opportunities for cost-sharing the Dillsboro Dam Removal
Project with other entities and incorporate any partnerships into the final license surrender
application that are mutually agreeable to the Town and DPNA.
6.5 DPNA agrees to provide a one-time funding contribution, in-kind services or a
combination of the two, at DPNA's option, not to exceed a total cost of $40,000 to support
USFWS and NCWRC studies to determine the range and distribution of the sicklefin redhorse in
the Little Tennessee, Hiwassee and Tuckasegee Rivers. The USFWS agrees to pursue a
Candidate Conservation Agreement (CCA) for the sicklefin redhorse, if a CCA is mutually
agreeable and beneficial to DPNA and the USFWS. If it desires, the NCWRC may also
participate in the CCA for the sicklefin redhorse.
6.6 DPNA agrees to provide a one-time funding contribution, in-kind services or a
combination of the two, at DPNA's option, not to exceed a total cost of $40,000 to support a
project by the USFWS, NCWRC and the USFS to restore the native strain of brook trout to a
selected stream in the vicinity of the Tennessee Creek Hydro Station.
6.7 DPNA agrees that within 1 to 15 years following its acceptance of the new
licenses for the DPNA Hydro Projects, DPNA will provide Cherokee, Clay, Jackson, Macon and
Swain counties $40,000 each to implement the DPNA-selected initiatives from a prioritized list
identified by each county's Soil and Water Conservation District board as of July 1, 2005 that
(1) make physical improvements that protect soil or water resources, (2) educate landowners or
school children on proper soil or water conservation practices, and/or (3) improve soil or water
conservation programs that affect lands that drain to any of the DPNA Hydro Projects or the
river sections between the DPNA Hydro Projects and reservoirs belonging to the Tennessee
Valley Authority (TVA).
6.8 DPNA agrees that within 1 to 15 years following its acceptance of the new
licenses for the DPNA Hydro Projects, DPNA will provide a total of $200,000 for the purpose of
• supporting DPNA-selected riparian habitat enhancement projects on lands that drain to any of
the DPNA Hydro Projects or the river sections between the DPNA Hydro Projects and reservoirs
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NCST SETTLEMENT AGREEMENT
belonging to the Tennessee Valley Authority (TVA) where such projects (1) protect or enhance
fish or wildlife habitat directly or (2) educate landowners or school children about the
importance of healthy riparian areas for fish and wildlife habitat. DPNA will utilize the process
outlined in Attachment I in selecting the projects to be funded.
6.9 DPNA agrees that by January 1, 2006 or within one year following its acceptance
of the new licenses for the East Fork, West Fork and Nantahala projects, DPNA will purchase
and convey the tract of land identified in Attachment J to the USFS.
6.10 For the purposes of Paragraphs 6.2, 6.4, 6.5, 6.6, 6.7, 6.8 and 6.9, the contribution
amounts and land purchase required therein represent the total amount for which DPNA is liable
pursuant to these paragraphs, notwithstanding that identical language may appear in the
settlement agreement for the West Fork, Dillsboro and East Fork projects (FERC Project Nos.
2686, 2602 and 2698, respectively). For the purpose of construing these paragraphs, the Parties
agree that the identical Paragraphs 6.2, 6.4, 6.5, 6.6, 6.7, 6.8 and 6.9 may have been included in
the settlement agreement for FERC Project Nos. 2686, 2602 and 2698 for informational purposes
and not to provide for cumulative obligations.
6.11 The Parties agree that the foregoing Other Multi-Project Resource Enhancement
Agreements may be incorporated into the applicable new or subsequent licenses for the DPNA
Hydro Projects.
• 6.12 The Parties agree that if for any reason the Dillsboro Dam is not removed then:
(1) The actions in Paragraphs 6.4 and 6.5 will no longer be required; (2) The limitations
concerning fish passage and the use of Section 18 mandatory conditioning authority in Paragraph
14.5 will not apply; (3) The minimum flows in Paragraph 4.2, proposed Article 404 (A) will not
apply and minimum flows for the Project will be re-evaluated by the USFS, USFWS, NCWRC,
NCDWQ, NCDWR and DPNA, and these parties agree that the levels of said flows in proposed
Article 404 (A) assumed the removal of Dillsboro Dam as habitat mitigation such that the failure
to remove Dillsboro Dam may necessitate revisions of said flows to account for the failure of
this mitigation; (4) DPNA will make any necessary revisions to its application for 401 Water
Quality Certification and its FERC license application for the Project; (5) The NCDWQ and
FERC should, following receipt of any revised applications, complete their reviews and issue
their official decisions concerning the 401 Water Quality Certification and the New License for
the Project, respectively; (6) By December 1, 2005 or within one year following DPNA
acceptance of the subsequent license for the Dillsboro Project, whichever comes last, DPNA will
construct a canoe / kayak portage around the Dillsboro Dam; and (7) Notwithstanding any other
provisions of this Agreement, if for any reason the Dillsboro Dam is not removed as a direct
result of the license surrender application to be filed by DPNA that is referenced in Paragraph
6.4 (1), any Party may advocate to FERC and any other entity and otherwise seek and require by
whatever means, the imposition of minimum flows different from those specified in the
paragraphs referred to in this section.
0 7.0 Shoreline Management Agreements
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NCST SETTLEMENT AGREEMENT
7.1 The Parties agree to the following shoreline management initiatives.
•
7.2 By signing this Agreement, the Parties recommend that the following proposed
Article 408 be incorporated into the New License that the FERC is expected to issue for the
Project:
ARTICLE 408
The Licensee shall implement its Shoreline Management Program including the
Shoreline Classification Maps, Lake Use Restrictions, Vegetation Management
Requirements and the Shoreline Management Guidelines as filed with its license
application to aid the Licensee in its lake use permitting program.
END OF PROPOSED FERC LICENSE ARTICLE 408
7.3 The Parties acknowledge that the Shoreline Management Program including the
Shoreline Classification Maps, Lake Use Restrictions, Vegetation Management Requirements
and the Shoreline Management Guidelines (Attachment D), was implemented on July 1, 2003.
7.4 DPNA agrees, beginning in 2004, to provide support to others that may organize
an annual "Reservoir-Wide Clean Up" on Nantahala Lake by removing collected trash during the
week following the clean-up from pre-designated collection sites around the reservoir.
7.5 DPNA agrees, beginning in 2004, to consult with the North Carolina State
Historic Preservation Officer (NCSHPO) and the Tribal Historic Preservation Officer (THPO)
for the Eastern Band of Cherokee Indians (EBCI) to ensure adequate measures are in place to
protect any maps or any other information that provides the physical location of any cultural
resource sites from unauthorized release.
7.6 DPNA agrees to continue working with local law enforcement officials to address
safety and security issues relative to Nantahala Lake.
8.0 Cultural Resource Agreements
8.1 The Parties agree to the following cultural resource initiatives.
8.2 By signing this Agreement, the Parties recommend that the FERC incorporate by
means of a Programmatic Agreement, the following provisions:
(A) To ensure adequate identification, protection and enhancement of cultural resources,
DPNA, in consultation with the North Carolina State Historic Preservation Officer
(NCSHPO), the Tribal Historic Preservation Officer (THPO) for the Eastern Band of
Cherokee Indians (EBCI) and the USFS, where sites are located on or directly adjacent to
USFS-owned properties, shall:
0 (1) Ensure adequate measures are in place to protect against the unauthorized
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NCST SETTLEMENT AGREEMENT
release of any maps or any other information that provides the physical location
of any cultural resource sites.
(2) Within two years following its acceptance of the New License, develop and
implement a Historic Properties Management Plan (HPMP) for the Nantahala
Project.
(3) During the first planned drawdown of Nantahala Lake that is scheduled to
hold reservoir levels 60 ft or more below Normal Full Pond Elevation for at least
30 consecutive days, conduct additional archaeological studies of the two
previously identified sites within the reservoir bed. DPNA will incorporate the
results of any studies into the HPMP in consultation with the NCSHPO and the
THPO and file a revised HPMP with the FERC for approval.
9.0 Sediment Management Agreements
9.1 The Parties agree to the following sediment management measures.
9.2 By signing this Agreement, the Parties recommend that the following proposed
Article 409 be incorporated into the New License that the FERC is expected to issue for the
Project:
S ARTICLE 409
The Licensee shall operate the Nantahala Project so as to minimize the need to draw the
reservoirs down to mechanically remove sediment. When sediment must be
mechanically removed, or the reservoirs must be drawn down, the Licensee shall consult
and reach agreement with the NCWRC, USFWS, USFS, NCDWR, USACOE (United
States Army Corps of Engineers) and the NCDWQ concerning any reasonable and
necessary measures to minimize the impact of the drawdown and sediment removal on
the affected environment. This consultation and measures identification shall be
completed prior to operating in any way that would be expected to allow sediment from
upstream of the Nantahala Dam, Whiteoak Creek Diversion Dam, Diamond Valley
Diversion Dam or Dicks Creek Diversion Dam to enter the downstream reaches.
END OF PROPOSED FERC LICENSE ARTICLE 409
10.0 Monetary Value Agreements
10.1 The Parties agree to the following means of handling the monetary values stated
in this Settlement Agreement.
• 10.2 By signing this Agreement, the Parties recommend that the following proposed
Article 410 be incorporated into the New License that the FERC is expected to issue for the
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• Project:
ARTICLE 410
Unless otherwise indicated, all costs or payment amounts specified in dollars in Articles
401 through 409 of this license shall be deemed to be stated as of the year 2004, and the
Licensee shall escalate such sums as of January 1 of each following year (starting in
January 2005) according to the following formula:
AD = D x NGDP
IGDP
WHERE:
AD = Adjusted dollar amount as of January I of the year in which the
adjustment
is made.
D = Dollar amount prior to adjustment.
IGDP = GDP-IPD for the third quarter of the year before the previous adjustment
date (or, in the case of the first adjustment, the third quarter of the year
before the effective date of this license).
NGDP = GDP-IPD for the third quarter of the year before the adjustment date.
"GDP-IPD" is the value published for the Gross Domestic Product Implicit Price
Deflator by the U.S. Department of Commerce, Bureau of Economic Analysis in the
publication Survey of Current Business, Table 7.1 (being on the basis of 1987 = 100), in
the third month following the end of the applicable quarter. If that index ceases to be
published, any reasonably equivalent index published by the Bureau of Economic
Analysis may be substituted. If the base year for GDP-IPD is changed or if publication
of the index is discontinued, the Licensee shall promptly make adjustments or, if
necessary, select an appropriate alternative index to achieve the same economic effect.
END OF PROPOSED FERC LICENSE ARTICLE 410
10.3 The Parties agree that unless otherwise indicated, all costs or payment amounts
specified in dollars in this Settlement Agreement shall be deemed to be stated as of the year 2004
and shall be escalated as outlined above in Paragraph 10.2.
11.0 Agreements Supporting Operational Flexibility for the Protect
11.1 The Parties agree to support operational flexibility for the Project as follows.
11.2 Except as permitted by Paragraph 14.3 or for emergency requests to support
human health and safety, environmental health, or to avoid property damage during times of
• emergency, the Parties agree during the term of the present relicensing process and during the
term of the New License for the Project, and provided that DPNA has substantially complied
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NCST SETTLEMENT AGREEMENT
with all terms of this Settlement Agreement: (1) no Party shall make any requests for flow
prescriptions of any kind, reservoir level restrictions of any kind, or operational restrictions of
any kind other than those flow prescriptions, reservoir level restrictions, and operational
restrictions prescribed in this Settlement Agreement; (2) All Parties and users of the Project
should share the burden of low water availability in accordance with the Low Inflow Protocol
(Attachment B); and (3) the Hydro Project Maintenance & Emergency Protocol (Attachment C)
is an acceptable approach for handling temporary deviations from certain license conditions
during abnormal situations.
11.3 The Parties agree that the foregoing Agreements Supporting Operational
Flexibility for the Project should not be incorporated into the terms of the New License that the
FERC is expected to issue.
12.0 Recreation Area Construction and/or Management Agreements
12.1 The Parties agree to the following cooperative maintenance/construction
agreements for access areas and methods for considering future recreation facilities projects.
12.2 The Parties agree that: (1) the NCWRC will enter into an Access Area
Maintenance Agreement with DPNA similar to the existing agreement on other Duke Power
reservoirs (Attachment E provides a draft of the intended agreement) for the Big Choga and
Rocky Branch access areas on Nantahala Lake and the one access area listed in Paragraph 2.2,
proposed Article 402(A)(6) on the Nantahala River Bypassed Reach; (2) the USFS will operate
and maintain the facilities that are located on land owned by the USFS; and (3) the USFS will
operate and maintain the facilities that are located on land leased from DPNA in accordance with
the lease agreement, which first requires a written plan and schedule for operation and
maintenance by the USFS to be reviewed and approved by DPNA.
12.3 The Parties agree to the following with regard to access area construction: (1) the
NCWRC will repair or rebuild, as needed, the facilities that it maintains to keep them in good
condition, including getting any prior approvals from DPNA as may be required by the Access
Area Maintenance Agreement; (2) the USFS will repair or rebuild, as needed the facilities
located on its land to maintain them in good condition; and (3) the USFS will repair or rebuild,
as needed, the facilities located on land leased from DPNA to keep them in good condition,
including obtaining any prior approvals from DPNA as may be required by the lease agreement.
12.4 With regard to the addition of public recreational facilities beyond those facilities
specifically identified in this Settlement Agreement, the Parties agree: (1) They will not request
any additional facilities associated with the Project beyond those noted herein within the first 15
years of the New License; (2) Established mechanisms for monitoring growth in recreation
facility demand (e.g. FERC Form 80, NC State Comprehensive Outdoor Recreation Plan, USFS
recreation use monitoring) will serve as indicators of the need for additional facilities in the
future; (3) DPNA may undertake recreation use and needs studies in its sole discretion to
• evaluate future recreation needs that may be directly related to the Project and any studies
decided upon by DPNA will be done in coordination with the USFS, NCDPR, and NCWRC; (4)
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NCST SETTLEMENT AGREEMENT
DPNA may be requested by the other Parties to provide additional recreation facilities after the
first 15 years of operation under the New License if justified by the necessary supporting data;
and (5) When the need for additional recreation facilities directly related to the DPNA Hydro
Projects has been demonstrated by the necessary supporting data and any necessary approvals
are obtained, DPNA will arrange for the necessary improvements to be made with preference
given to upgrading existing facilities that require no additional property rights and for which
substantial cost-share funds are provided from other sources.
12.5 The Parties agree that the foregoing Recreation Area Construction and/or
Management Agreements should not be incorporated into the terms of the New License that the
FERC is expected to issue for the Project.
13.0 Agreements on Compliance Monitoring and Reporting Requirements
13.1 The Parties agree to the following compliance monitoring and reporting
requirements for the Project.
13.2 The Parties agree to work cooperatively to design adequate compliance
monitoring programs that do not cause undue burdens to DPNA.
13.3 By signing this Agreement, the Parties recommend that the following proposed
Article 411 be incorporated into the New License that the FERC is expected to issue for the
Project:
•
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•
ARTICLE 411
(A) Beginning in the first calendar year after its acceptance of this license, the Licensee
shall provide annually to the NCDWR, NCDWQ, NCWRC, USFWS and USFS and shall
file with the Commission, not later than May 31, a report containing: (1) a table of the
elevation of Nantahala Lake on a daily basis during the previous calendar year, (2)
certification by the Licensee that the minimum flow release requirements of proposed
Article 404 were met during the previous calendar year, (3) certification by the Licensee
that the recreational flow release requirements from the Nantahala Powerhouse of
proposed Article 405 were met during the previous calendar year, and (4) certification by
the Licensee that the recreational flow release requirements from the Nantahala Dam of
proposed Article 406 were met during the previous calendar year.
(B) If during the previous calendar year there were any deviations of reservoir levels
above or below the Normal Operating Range (proposed Article 401), the minimum flow
release requirements (proposed Article 404), the recreational flow release requirements
from the Nantahala Powerhouse (proposed Article 405), or the recreational flow release
requirements from the Nantahala Dam (proposed Article 406), then the Licensee shall
include in the report described in Paragraph (A) above an explanation of each incident
during the previous calendar year when the deviations occurred, together with
information sufficient to explain the reasons for each such incident.
is
END OF PROPOSED FERC LICENSE ARTICLE 411
14.0 Agreements Concerning New FERC License Conditions and 401 Water
Quality Certification Conditions Consistent with this Agreement
•
14.1 The Parties agree to the following limitations concerning opposition to a New
License from the FERC and a 401 Water Quality Certification from the NCDWQ for the Project.
14.2 The Parties agree that with regard to statutory responsibilities of governmental
agencies, nothing in this Settlement Agreement will prevent any governmental agency from
acting as it must to comply with its mandated statutory responsibilities.
14.3 Nothing in this Settlement Agreement is intended to, or shall be construed to,
affect or limit in any way the authority of the State of North Carolina pursuant to 33 U.S.C. §
1341, and related state statutes and rules to issue a water quality certification, or to alter a water
quality certification, with whatever conditions the State of North Carolina determines should be
included. Execution of this Settlement Agreement shall not be construed to confer on any Party
any right to contest the water quality certification or any condition thereof, not already conferred
under existing law, including Chapter 150B of the North Carolina General Statutes.
14.4 The Parties shall not request or support: (1) Any FERC license article or terms for
any of the DPNA Hydro Projects that conflict with the requirements of this Settlement
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NCST SETTLEMENT AGREEMENT
Agreement or that add substantial additional burdens, costs, or risks to DPNA beyond those to
which all Parties have herein agreed; and/or (2) Any FERC license re-openers of any kind for
any of the DPNA Hydro Projects beyond those included in the appropriate FERC L-Form for the
applicable project.
14.5 The Parties agree that provided Dillsboro Dam is removed: (1) For 20 years
following issuance of the new licenses for the DPNA Hydro Projects, no Section 18 mandatory
conditions (e.g. fishway prescriptions) beyond the standard reservations of prescriptive authority
will be necessary or pursued at any of the DPNA Hydro Projects; (2) There will be no Section 18
mandatory conditions included in the new licenses for any of the DPNA Hydro Projects, beyond
those absolutely essential to protect fish resources that are directly affected by operation of a
DPNA Hydro Project; (3) If the USFWS determines that any Section 18 mandatory conditions
are absolutely essential, it will impose the least cost alternative that ensures continued protection
of fish resources; and (4) Any Section 18 mandatory conditions must not conflict with the
conditions of this Settlement Agreement and will not add substantial additional burdens, costs or
risks beyond those to which all Parties have herein agreed.
14.6 The Parties agree that: (1) There will be no Section 4e mandatory conditions (e.g.
prescription of activities on a federal reservation) included in the new licenses for any of the
DPNA Hydro Projects beyond those absolutely essential to protect National Forest resources that
are directly affected by operation of a DPNA Hydro Project; (2) If the USFS determines that any
Section 4e mandatory conditions are absolutely essential, it will impose the least cost alternative
® that ensures continued protection of National Forest resources; and (3) Any Section 4e
mandatory conditions must not conflict with the conditions of this Settlement Agreement and
will not add substantial additional burdens, costs or risks beyond those to which all Parties have
herein agreed.
14.7 Except as permitted by Paragraph 14.3, the Parties shall not: (1) request or
support any 401 Water Quality Certification conditions for any of the DPNA Hydro Projects that
conflict with the conditions of this Settlement Agreement or that add substantial additional
burdens, costs or risks to DPNA beyond those to which all Parties have herein agreed; (2)
oppose any 401 Water Quality Certification conditions that are functionally identical to Sections
1 (reservoir levels), 4 (minimum flows), 6 (multi-purpose resource enhancements), 9 (sediment
management), or 13 (compliance monitoring and reporting) of this Agreement; and/or (3) request
or support any 401 Water Quality Certification conditions that are functionally identical, at least
in part, to Sections 2, 3, 5, 7, 8, 10, 11, or 12 of this Agreement.
14.8 Within 30 days of the effective date of this Settlement Agreement, the Licensee
shall prepare this Settlement Agreement for filing with FERC by circulating to all Parties for a
period of 30 days (the "review period") a draft of the "Explanatory Statement" that is required by
FERC rules. Within 21 days after obtaining the consent of all Parties to the Explanatory
Statement, or after the 30-day review period has expired, whichever occurs first, the Licensee
shall file this Settlement Agreement with FERC pursuant to Rule 602 of the Rules of Practice
and Procedure, 18 C.F.R. § 385.602 (2003).
14.9 The Parties agree that the foregoing Agreements Concerning New FERC License
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NCST SETTLEMENT AGREEMENT
Conditions and 401 Water Quality Certification Conditions Consistent with this Agreement
should not be incorporated into the terms of the new licenses that the FERC is expected to issue
for the DPNA Hydro Projects.
15.0 Agreements on Action Steps upon an Inconsistent Act or Omission by a
Jurisdictional Body and upon Breach
15.1 The Parties shall take the following steps if a Jurisdictional Body through any
action or omission acts inconsistently with this Settlement Agreement or if any Party acts
inconsistently with or breaches this Settlement Agreement.
15.2 If any Party believes that a Jurisdictional Body through any action or omission
has acted inconsistently with this Settlement Agreement, it will notify DPNA of such
inconsistency, pursuant to Paragraph 17.9, and: (1) DPNA shall notify the Parties, pursuant to
Paragraph 17.9 of such Jurisdictional Body's action or omission; (2) DPNA shall work with the
appropriate Jurisdictional Body to pursue an alternative that eliminates the inconsistency and
that is acceptable to DPNA and to the Jurisdictional Body; and (3) DPNA will notify the Parties
pursuant to Paragraph 17.9 to explain the proposed alternative and to inform the Parties of the
action proposed by the Jurisdictional Body in response to the discussion of alternatives. If, after
the notice by DPNA in subparagraph (3) above, any Party believes that the Jurisdictional Body's
action or omission materially increases its overall burdens, costs, or risks, that Party may give
notice of its intent to withdraw from this Settlement Agreement by serving notice on all other
Parties pursuant to Paragraph 17.9. A Party may withdraw only pursuant to the procedures
established in Paragraph 17.21, and only if, subject to the exceptions noted in Paragraph 17.21,
the arbitrator determines that (1) the Jurisdictional Body's action is inconsistent with this
Settlement Agreement; and (2) the Jurisdictional Body's act or omission materially increases the
overall burdens, cost, or risks placed on the withdrawing Party. With respect to any such act or
omission of a Jurisdictional Body, this Settlement Agreement will be deemed amended to be
consistent with the Jurisdictional Body's act or omission when the time periods for all legal
challenges and withdrawals from this Agreement have expired.
15.3 This Agreement shall not restrict in any way any Party's right to commence and
fully litigate any administrative or judicial action or file a request for rehearing before FERC
regarding any act or omission of a Jurisdictional Body that is alleged to be inconsistent with this
Settlement Agreement. No Party may give notice to withdraw pursuant to Paragraph 15.2 until
all administrative and judicial challenges regarding the issue over which the Party intends to
withdraw have been finally resolved and until all time periods for further administrative or
judicial review have expired. The omission of any Proposed License Article from any
authorization (including the New License and the Water Quality Certification) shall not be
deemed to be inconsistent with this Agreement, but any Party may petition the issuing agency to
include such Article in such authorization and exhaust such administrative and related judicial
processes, provided that nothing in this Settlement Agreement shall be construed to confer on
any Party any right such as standing or aggrieved party status, required to challenge any action
• of any governmental agency.
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• 15.4 If any Party other than a Jurisdictional Body takes any action that is inconsistent
with this Agreement or any Party is alleged to be in breach of this Agreement, DPNA shall
immediately inform all Parties of the inconsistency or breach and consult with the Party to
discuss the inconsistency or breach and reach a resolution satisfactory to DPNA and all
interested Parties. Nothing in this Agreement shall prohibit any Party from seeking immediate
relief from a court of competent jurisdiction to restrain an inconsistency or breach of this
Agreement.
15.5 The Parties agree that the foregoing Agreements on Action Steps upon an
Inconsistent Act or Omission by a Jurisdictional Body should not be incorporated into the terms
of the new licenses that the FERC is expected to issue for the DPNA Hydro Projects.
16.0 Agreements on Full Consensus
16.1 The Parties agree that they have participated fully in the Stakeholder Process.
16.2 The Parties acknowledge that: (1) They have participated fully in the activities of
the NCST and have a good understanding of the information contained herein; (2) This
Settlement Agreement is developed from and is consistent with the intent of the Consensus
Agreement document signed by the Parties on May 16, 2003; (3) They are in agreement with the
entirety of this Settlement Agreement; (4) They understand that DPNA will file the Settlement
• Agreement with the FERC and the NCDWQ for the agencies' consideration as they process the
new licenses and any license surrender applications and the 401 Water Quality Certification
applications for the DPNA Hydro Projects; and (5) DPNA will also request that the FERC and
the NCDWQ act consistently with the terms of this Settlement Agreement in issuing their
licenses, certifications, and orders for the DPNA Hydro Projects.
16.3 All Proposed License Articles are enforceable as a contract between and/or
among the Parties to this Agreement at any time during the existence of this Agreement
regardless of the inclusion of such Articles or similar requirements in the New License or the
401 Water Quality Certification, except to the extent that such Articles in this Agreement are
preempted.
16.4 The Parties agree that the foregoing Agreements on Full Consensus should not be
incorporated into the terms of the new licenses that the FERC is expected to issue for the DPNA
Hydro Projects.
17.0 Miscellaneous Agreements
17.1 This Agreement is a compromise of many interests. The actions taken hereunder
are not to be construed as any admission of liability on the part of any Party, or its agents,
representatives, attorneys or employees, as to all of whom liability is expressly denied. Except in
• the case of the licensing, permitting and license compliance for the DPNA Hydro Projects during
the term of this Settlement Agreement, no Party shall be prejudiced, prevented, or estopped from
NCST_Settlement Agreement. ORIGINAL. doc 26 Rev.: 10/23/03
NCST SETTLEMENT AGREEMENT
• advocating before FERC or NCDENR any position inconsistent with those contained in this
Settlement Agreement regarding the licensing, permitting and license compliance of any other
hydro project.
17.2 The terms of this Agreement are contractual and not mere recitals. This
Agreement, including any and all Attachments, constitutes the entire Settlement Agreement
between DPNA and the other Parties with respect to the subject matter hereof. All prior
contemporaneous or other oral or written statements, representations or agreements by or
between DPNA and any of the other Parties with respect solely to operation or licensing of the
subject hydro project(s) the subject matter hereof are superseded hereby. Nothing herein is
intended to alter any valid easement, lease or permit previously granted or issued to any entity
who is a Party to this Settlement Agreement.
17.3 Any modification or amendment of any provision of this Agreement, except for
Attachments D, E, F and G, must be made in writing and signed by an authorized representative
of each Party in order to become effective.
17.4 This Agreement may be executed in separate counterparts, with each counterpart
deemed to be an original having the full force and effect thereof. This Agreement shall become
effective upon execution by all Parties and the rights and obligations described herein shall be
effective immediately except as otherwise provided.
17.5 The Parties shall comply with all applicable federal, state and local laws, codes,
rules, regulations, and orders of any governmental authority, and, except as otherwise provided
herein, will obtain, each at its own expense all permits and licenses pertaining to its obligations
under this Settlement Agreement. Any Party who breaches, or otherwise fails to fulfill, any
obligation of this Settlement Agreement (the Breaching Party) agrees to indemnify, defend at its
expense and hold all other Parties (Non-Breaching Parties) harmless from and against any
liability or damages, including paying the reasonable attorney's fees incurred by Non-Breaching
Parties which results from the breach or failure to fulfill an obligation arising under this
Settlement Agreement. This Agreement shall not be construed as a defense to or a limitation on
civil or criminal liability in any action brought by any governmental entity to enforce any law
and shall not limit the assessment or award of any fees, fines, penalties, remediation costs or
similar liabilities in any such enforcement action.
17.6 The Parties agree that all scheduled completion dates set forth in this Agreement
shall be met. Each Party, as soon as possible following first knowledge that it will not meet any
completion date(s), shall notify all other Parties.
17.7 The Parties agree that neither DPNA, nor any other Party, shall be in breach of
this Agreement to the extent that any delay or default in performance is due to causes beyond the
reasonable control of the delayed or defaulting Party; provided, that the delayed or defaulting
Party notifies the other Parties as soon as possible of. (i) the event; (ii) the expected duration of
the event; and (iii) the delayed or defaulting Party's plan to mitigate the effects of the delay or
• default. Such causes may include, but are not limited to, natural disasters, labor or civil
disruption, acts of terrorism, the inability to secure any legal authorization from another entity
NCST_Settlement_Agreement. ORIGINAL. doc 27 Rev.: 10/23/03
NCST SETTLEMENT AGREEMENT
(e.g., a permit or license) where such legal authorization is a prerequisite or requirement for
complying with the Agreement, or breakdown or failure of the Project works so long as such
causes are beyond the reasonable control of the delayed or defaulting Party.
17.8 Except to the extent that federal law specifically preempts the application of state
law, the laws of the State of North Carolina shall govern this Agreement. The Stakeholders
agree that all actions and proceedings brought by any Party against any other Party must be
litigated in courts located in the State of North Carolina. The Parties agree that such courts are
convenient forums and irrevocably submit to the personal jurisdiction of such courts, except that
the State of North Carolina does not by entering into this Settlement Agreement waive sovereign
immunity and the State waives such defense, if at all, only to the extent required by law.
17.9 Each Party shall designate a representative for the receipt of notices. All notices
required to be given under this Agreement shall be in writing and delivered by fax, personal
delivery, email or U.S. mail using the contact information set forth in this Agreement and
attached as Attachment G. Notices shall be effective upon receipt or such later date specified in
the notice. A Party may change the contact information or the designated representative by
notifying the other Parties of such change in accordance with the notice procedures in this
Paragraph.
17.10 Should any provision of this Agreement or part hereof be held under any
circumstances in any jurisdiction to be invalid or unenforceable, such invalidity or
unenforceability shall not affect the validity or enforceability of any other provision of this
Agreement or other part of such provision. If such invalidity or unenforceability materially
increases the overall burdens, cost, or risks placed on any Party, that Party may withdraw from
this Agreement pursuant to the procedures established in Paragraph 17.21, but only if, subject to
the exceptions noted in Paragraph 17.21, the arbitrator determines that the invalidity or
unenforceability materially increases the overall burdens, cost, or risks placed on the
withdrawing Party.
17.11 No consent to or waiver of any provision of this Agreement shall be deemed a
consent to or waiver of any other provision hereof, whether or not similar, or a continuing
consent or waiver unless otherwise specifically provided.
17.12 The terms, phrases and abbreviations defined in Attachment H hereto, when used
in this Settlement Agreement, shall have the meanings as defined in Attachment H.
17.13 This Settlement Agreement does not grant or affirm any property right, license or
privilege in any waters or any right of use in any waters. This Settlement Agreement does not
authorize any person to interfere with the riparian rights, littoral rights or water use rights of any
other person. No person shall interpose this Settlement Agreement as a defense in any action
respecting the determination of riparian or littoral rights or other water use rights.
17.14 Except as expressly provided for in this Settlement Agreement, all Parties are to
bear their own costs of participating in the Settlement Agreement.
NCST_Settlement Agreement.ORIGINAL.doc 28 Rev.: 10/23/03
NCST SETTLEMENT AGREEMENT
17.15 Unless otherwise noted, any reference to any statute, regulation or other
document refers to the statute, regulation or document as it exists on the effective date of this
Settlement Agreement. No changes to any document to which this Agreement refers are
incorporated into this Agreement, unless explicitly provided for in this Agreement, or unless
such change is made in accordance with Paragraph 17.3.
17.16 This Settlement Agreement shall not create any right in any individual or entity
that is not a Party or in the public as a third-party beneficiary. This Settlement Agreement shall
not be construed to authorize any such third party to maintain a suit in law or equity under this
Settlement Agreement.
17.17 Nothing in this Settlement Agreement shall be construed as obligating any
federal, state, or local agency to expend in any fiscal year any sum in excess of appropriations
made by Congress or state or local legislatures or administratively allocated for the purpose of
this Settlement Agreement for the fiscal year or to involve any federal, state, or local agency in
any contract or obligations for the future expenditure of money in excess of such appropriations
or allocations.
17.18 Nothing in this Agreement shall be construed as requiring or involving the
delegation by any government agency to any other body of any authority entrusted to it by
Congress or by the legislature of any state.
17.19 This Settlement Agreement shall apply to, and be binding on, the Parties and their
successors and assigns. No change in ownership of or transfer of the licenses for any of the
DPNA Hydro Projects shall in any way modify or otherwise affect any other Party's interests,
rights, responsibilities, or obligations under this Settlement Agreement. Unless prohibited by
applicable law, the licensee of the hydro project shall provide in any transaction for a change in
ownership of or transfer of the current or new licenses for any of the DPNA Hydro Projects, that
such new owner or licensee shall be bound by, and shall assume the rights and obligations of this
Settlement Agreement upon completion of the change of ownership and, as applicable, approval
by FERC of the license transfer. The licensee shall provide notice to the other Parties at least 90
days prior to completing such transfer of license. If any subsequent licensee or owner is not
bound by the terms of this Agreement, each Party shall have the right to withdraw from this
Agreement pursuant to the procedures established in Paragraph 17.21, but only if, subject to the
exceptions noted in Paragraph 17.21, the arbitrator determines that the subsequent licensee or
owner is not bound by the terms of this Agreement.
17.20 Damages at law are an inadequate remedy to redress any prospective or
continuing breach of this Settlement Agreement and any Party shall be entitled to specific
performance regarding such breach. As allowed by law, a Party shall be entitled to damages at
law to redress past harms. This Paragraph shall not be construed to prohibit any Party from
receiving money in settling any claim arising from a prospective or continuing breach.
17.21 Within 14 days of service of notice to withdraw, any other Party may exercise its
right herein to arbitrate the withdrawing Party's right to withdraw by serving notice on all
Parties, pursuant to Paragraph 17.9. The arbitrator shall be Steve Smutko, unless he is unable or
NCST_Settlement_Agreement. ORIGINAL. doc 29 Rev.: 10/23/03
NCST SETTLEMENT AGREEMENT
unwilling to serve, in which case the arbitrator will be selected in the sole discretion of the
• American Arbitration Association. The arbitrator's decision shall be binding. Withdrawal shall
be allowed only if the arbitrator rules in favor of the withdrawing Party on the relevant issues set
forth elsewhere in this Settlement Agreement, and determines that the withdrawing Party has
complied with the notice requirements. If no Party exercises its right to arbitrate withdrawal
within 14 days of the service of notice by the withdrawing Party, then such withdrawal shall be
final and effective. An effective withdrawal relieves the withdrawing Party of its performance
obligations under this Settlement Agreement, except that a withdrawing Party is still bound by
the provisions of Paragraphs 11.2 and 12.4. The costs of the arbitrator shall be shared equally by
any Party seeking withdrawal and any Party requesting arbitration. Upon withdrawal of any
Party, any other Party may withdraw pursuant to the procedures set forth in this Paragraph, but
only if, subject to the exceptions noted in this Paragraph, the arbitrator determines that the
Party's interests were substantially adversely affected by the withdrawal of another Party. Any
right to withdraw is waived if the Party does not give notice of intent to withdraw within 60 days
of the event that gave rise to the right to withdraw.
17.22 Each Party to this Agreement represents that it has the full legal authority to
execute this Agreement and to bind the Party (principal) who it represents, and that by such
representative's signature, such principal shall be bound upon full execution of this Agreement.
17.23 In the event, and at the time, that the Project ceases to be a federally licensed
hydroelectric project, DPNA agrees:
(1) To notify all Parties as soon as it is known that the Project may cease to be a federally
licensed hydroelectric project and invite all interested Parties to any meetings and/or
negotiations regarding such matters.
(2) To negotiate in good faith with the North Carolina Wildlife Resources Commission,
the North Carolina Department of Environment and Natural Resources, the United
States Forest Service and any other interested Parties with the objective of ensuring
continued public access to the Project reservoirs through the remaining period of the
New License term for those properties owned by DPNA and designated for public
access in the New License.
(3) To enter into good faith negotiations with the North Carolina Wildlife Resources
Commission, the North Carolina Department of Environment and Natural Resources,
the United States Forest Service and any other interested Parties to explore options to
protect the Project boundary, as defined in the New License.
17.24 This Settlement Agreement, and all obligations arising hereunder, shall terminate
and be of no further force or effect upon the expiration or other termination of the Term of the
New License issued to DPNA for the Nantahala Project (FERC Project No. 2692).
S List of Attachments
NCST_Settlement_Agreement.ORIGINAL. doc 30 Rev.: 10/23/03
NCST SETTLEMENT AGREEMENT
• A. Consensus Agreement for the Nantahala Cooperative Stakeholder Team (NCST)
B. Low Inflow Protocol (LIP) for the Nantahala Project
C. Hydro Project Maintenance & Emergency Protocol (HPMEP) for the Nantahala
Project
D. Shoreline Management Program for the Nantahala Hydro Project including Shoreline
Classification Maps, Lake Use Restrictions, Vegetation Management Requirements
and the Shoreline Management Guidelines
E. Draft Access Area Maintenance Agreement between DPNA and the NCWRC
F. Dillsboro Dam Removal Environmental Assessment Executive Summary
G. Designated Representatives of the Parties for Receipt of Notices
H. Definition of Terms and Phrases and Listing of Abbreviations
1. Riparian Habitat Enhancement Fund
• J. Description of the Conservation Tract
•
NCST_Settlement_Agreement.0 RIGINAL.doc 31 Rev.: 10/23/03
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Attachment A - NCST Consensus Agreement
• Purpose - Establish a consensus agreement for signature by the Primary Members of the Nantahala
Cooperative Stakeholder Team at the joint meeting with the Tuckasegee Cooperative Stakeholder
Team on May 16, 2003. Those primary members and the organizations they represent who agree in
consensus will work toward conversion of the consensus agreement into a settlement agreement by
September 15, 2003.
1. DPNA agrees to the following:
A. Recreation (Rec) Facilities
1. Nantahala Lake
a. Add a toilet, trash collection, lighting and a bank fishing area to both the Big Choga and Rocky
Branch Access Areas.* (Tier 1**)
b. Pave the parking lots at both the Big Choga and Rocky Branch Access Areas. (Tier 2**)
c. Work with the United States Forest Service (USFS) and the North Carolina Division of Parks
and Recreation (NCDPR) to further evaluate camping needs on the lake. If it is determined
necessary, then upon completion, pay for the initial construction of boat-accessible-only,
primitive, scattered camping sites on property owned by the USFS. One-time expense of up to
$50,000. (Tier 1**)
40 d. Work with the North Carolina Wildlife Resources Commission (NCWRC), the USFS and the
United States Fish & Wildlife Service (USFWS) to evaluate wildlife viewing opportunities at
the following locations: (1) Big Choga Access Area, (2) Rocky Branch Access Area, or (3)
property owned by the USFS adjoining the lake. Provide a summary by 8/1/03 of any
significant viewing opportunities and the need, practicality and cost of providing a viewing
platform at one of these three locations. If such a viewing platform is needed and can cost-
effectively be constructed, then it will be added to the construction plan identified in Item A. La
above (if it will be located at one of the access areas) or DPNA will pay for its construction
once construction is completed (if it will be located on USFS-owned property). (Tier I**)
2. Nantahala River Bypass and Main Stem
a. Expand Recreation Facilities Just Downstream of Nantahala Powerhouse
1) Lease and/or convey interest in 1 to 3 acres of DPNA-owned property to the USFS to
expand the parking area at their existing public access at Rowlands Creek on Wayah Road.
2) Lease and/or convey interest in a portion (size TBD) of the DPNA-owned property near and
including the DPNA-owned property that is presently being used as a commercial access
launch site to the USFS.
3) For both Items 1) and 2) above:
(a) Lease and/or convey only the portion of land required to house recreation facilities that
will be installed within the Tier 1 ** project timeframe.
(b) Decision on lease or conveyance will be made by DPNA once the USFS' conceptual
• facilities plan is finalized, including review and incorporation of input from the
Attachment A.NCST Consensus Agreement.doc Rev: Draft 10/15/2003
Attachment A - NCST Consensus Agreement
Nantahala Gorge Association (NGA) and DPNA, and will consider the level of planned
capital investment by the USFS.
(c) Any lease to the USFS will begin and end with the new license to be issued by the
Federal Energy Regulatory Commission (FERC), with option but not the obligation to
renew.
(d) Any lease to the USFS will be for $1/yr, provided that the USFS will develop and
manage the facilities within the Tier I** project timeframe in accordance with a site
development and management plan that is approved in writing by DPNA.
(e) If it is determined that the on-lake campsites identified in Item A. Lc above are not
needed, then provide up to $50,000 in funding to support site planning, surveying
and/or facilities construction for the USFS facilities just downstream of Nantahala
Powerhouse, provided construction will be completed within the Tier 1 ** project
timeframe. (Potential additional partners - NCWRC, Southwestern Resource
Conservation and Development (SWRC&D))
b. Construct a barrier-free fishing access area on DPNA-owned property located on the Nantahala
River Bypass just upstream of its confluence with the power canal. (Tier I* *)(Potential
partners - USFS, NCWRC, SWRC&D)
c. Improve parking on USFS-owned property along the road in the upper Nantahala River section
between Whiteoak Creek and the powerhouse (kayak put in/take out below the Cascades and
parking for fishermen and boaters). (Tier 1 ** - Note that since initiating whitewater releases in
the Nantahala River Bypass are contingent upon having adequate access facilities, this item will
be a top priority in scheduling construction of the Tier 1 projects). (Potential partners - USFS,
NCWRC, SWRC&D)
d. Improve parking on USFS-owned property along the road in the upper Nantahala River section
at the Cascades with 5 parking places and a viewing platform. (Tier 1** - Note that since
initiating whitewater releases in the Nantahala River Bypass are contingent upon having
adequate access facilities, this item will be a top priority in scheduling construction of the Tier
I projects). (Potential partners - USFS, SWRC&D)
e. Improve parking on USFS-owned property along Old River Road in the upper Nantahala River
section at Slot Falls. (Tier I* *)(Potential partners - USFS, SWRC&D)
f. Improve parking on USFS-owned property along Old River Road in the upper Nantahala River
section above Whiteoak Creek at Cocktail Falls. (Tier 2**)(Potential partners - USFS,
SWRC&D)
g. Improve parking on USFS-owned property along Old River Road in the upper Nantahala River
section at Whiteoak Creek. (Tier 2**)(Potential partners - USFS, SWRC&D)
* (1) Pump-and-haul toilets will be made available only if there is sufficient property for
installation and the required permits can be obtained, (2) Lighting will be provided if there is no
charge for running the primary line to the site, (3) Cost-effective lighting will be designed with
input from the USFWS and the NCWRC to minimize any negative impacts on fish and wildlife
resources (potential examples include use of low pressure sodium bulbs with appropriate
Attachment A.NCST Consensus Agreement.doc Rev: Draft 10/15/2003
Attachment A - NCST Consensus Agreement
shielding), (4) Trash collection will be provided to support recreational use at this location only,
• but may be discontinued if the site is used to dispose of household or other waste from off-site
locations and (5) The bank fishing area will be land based with trail (if the site is suitable).
** For Tier 1 projects, construction will be completed within 5 years following issuance of the new
FERC license for the Nantahala Project and closure of all legal challenge periods. Also, any
construction of this type within the FERC project boundary must first be approved by the FERC and
permits from other regulatory agencies may also be required.
** For Tier 2 projects, construction will be completed from 6 to 15 years following issuance of the
new FERC license for the Nantahala Project and closure of all legal challenge periods. Also, any
construction of this type within the FERC project boundary must first be approved by the FERC and
permits from other regulatory agencies may also be required.
B. Public Info
1. Reservoir information
a. Add the following to the DPNA website - actual lake level readings, the Normal Operating
Range, recent lake level histories and near-term lake level projections for Nantahala Lake and
special messages.
b. Actual lake levels for Nantahala Lake and special messages will be provided by the DPNA
• telephone information line.
c. Special messages concerning modifications to the lake level operating band will be
communicated per the Low Inflow and Hydro Project Maintenance and Emergency Protocols.
d. The above lake level information will be provided beginning in 2004.
2. Recreational flow information
a. Generation and bypass release flow schedules for the Nantahala Project will be maintained on
the DPNA telephone information line and website.
b. Special messages concerning modifications to the generation and bypass release schedules will
be communicated per the Low Inflow and Hydro Project Maintenance and Emergency
Protocols.
c. Establish a hotlink on the DPNA website to access the real-time surface water gages on the
United States Geologic Survey (USGS) website that takes the user directly to the real-time data
for USGS Gage # 03505500 in the Nantahala Gorge.
d. The above recreational flow information will be provided beginning in 2004.
•
Attachment A.NCST Consensus Agreement.doc Rev: Draft 10/15/2003
Attachment A - NCST Consensus Agreement
• 3. Gage reactivation
a. Upon completion by the USGS, pay for reactivation and ongoing maintenance of USGS Gage #
03505500 in the Nantahala Gorge. (Potential additional partners - North Carolina Division of
Water Resources (NCDWR), USFWS)
b. Gage fully operational by 2004, provided USGS can complete reactivation by then.
4. Communications Technology Improvements
a. DPNA will follow improvements in communication technology and infrastructure that may
occur over the life of the next hydro project license and will make cost-effective enhancements
to the delivery of reservoir and recreational flow information.
5. Other Recreation Information Improvements
a. Establish a Communications Working Group from interested members of the NCST to evaluate
the audiences and needs for additional recreation information relative to the Nantahala Project
and to prepare the necessary communications tools. Potential examples include but are not
limited to:
1) Signage at points of public access (e.g. show USFS and DPNA property boundaries,
provide web addresses and telephone numbers, provide appropriate warnings, wildlife
interpretive information, etc.)
2) A recreation brochure
3) A staff gage at the confluence of Whiteoak Creek with the Nantahala River to provide
® boaters, fishermen and DPNA operators with field indications of flowrates in the Nantahala
River Bypass.
4) A wildlife checklist or poster.
b. Focus effort primarily on improving existing communications tools and better public access to
information that already exists.
c. Working Group will conduct the evaluation and propose a schedule and cost-sharing plan by
August 15, 2003.
C. Lake Levels
1. Conventions and Definitions - All elevations listed below are relative to the top of the dam
(including the flood gates, fuse plugs and flashboards where applicable), with 100.0 ft = Full Pond.
Normal Minimum, Normal Maximum and Normal Target Elevations change on a daily basis. The
elevations shown are for the I" day of the given month. Elevations for other days of the month are
determined by linear interpolation. The Normal Target Elevation = the lake level that DPNA will
endeavor in good faith to achieve, unless operating in the Low Inflow or Hydro Project
Maintenance & Emergency Protocol. Since inflows vary significantly and outflow demands also
vary, DPNA will not always be able to maintain actual lake levels at the Normal Target Elevations.
As long as actual lake levels are within the Normal Operating Range and DPNA is not operating
under the Low Inflow or Hydro Project Maintenance and Emergency Protocols, DPNA will be in
compliance with any future settlement agreement, 401 Water Quality Certification and license
requirements with regard to lake levels.
Attachment A.NCST Consensus Agreement.doc
Rev: Draft 10/15/2003
4
Attachment A - NCST Consensus Agreement
• 2. Nantahala Lake - Maintain the following Normal Operating Range:
Month Normal
Minimum
Elevation (ft)
Normal Target
Elevation (ft) Normal
Maximum
Elevation (ft)
Jan 73 78 83
Feb 76 83 88
Mar 78 88 93
Apr 85 93 98
May 93 97 99.5
Jun 93 97 99.5
Jul 93 97 99.5
Au 91 96 99.5
Se 88 93 98
Oct 83 88 93
Nov 78 83 88
Dec 73 78 83
3. Whiteoak, Dicks and Diamond Valley Ponds - No lake level limitations.
4. Any changes from current operation to begin in 2004.
0 D. Minimum Flows in Bypass Reaches
1. Nantahala River Bypass
a. Minimum Flow Valve #1 - Maintain the existing minimum flow valve capable of releasing up
to 8 cfs from the Whiteoak Penstock into Dicks Creek to support flows in the Nantahala River
Bypass.
b. Minimum Flow Valve #2 - Install an additional minimum flow valve capable of releasing up to
8 cfs from the Whiteoak Penstock into Dicks Creek to support flows in the Nantahala River
Bypass.
c. From the 2 minimum flow valves located on the Whiteoak Penstock, provide a total of the
following releases into Dicks Creek to support flows in the Nantahala River Bypass:
1) From November 1 through May 31, 8 cfs.
2) From June 1 through October 31, 16 cfs.
2. Whiteoak Creek Bypass
a. Whiteoak Diversion Dam - Provide 8 cfs or inflow to Whiteoak Pond, whichever is less, from
the Whiteoak Diversion Dam into the Whiteoak Creek Bypass from January 1 through
• December 31.
Attachment A.NCST Consensus Agreement.doc
Rev: Draft 10/15/2003
5
Attachment A - NCST Consensus Agreement
3. Implement additional minimum flows in the bypasses in 2006, or within 1 year following
• receipt of FERC approval to modify project facilities, whichever comes last.
E. Recreation Flows
1. Normal Generation Schedule to Support Recreation - Establish recreational releases on the
main stem of the Nantahala River in accordance with the following schedule:
a. 2°d Monday in March through March 31 - 10:00 am to 3:00 pm, seven days per week
b. April- 10:00 am to 4:00 pm, seven days per week
c. May through Labor Day - 9:00 am to 5:00 pm, seven days per week, plus provide one
additional hour to the schedule (i.e. 9:00 am to 6:00 pm) on both the Saturday and Sunday
before Memorial Day and Labor Day
d. September after Labor Day - 10:00 am to 4:00 pm Sunday through Friday, 9:00 am to 5:00
pm Saturday
e. October- 10:00 am to 3:00 pm Sunday through Friday and 9:00 am to 5:00 pm Saturday.
2. Whitewater Races - Establish recreational releases on the main stem of the Nantahala River to
support National, Southeastern Regional or State Level Whitewater Races. Provide scheduled
generation releases for recreation purposes on the Nantahala River for up to 70 hrs per year in
addition to the above Normal Generation Schedule to Support Recreation for major whitewater
races, including training/practice and the event. To the maximum practical extent, releases will be
integrated with the Normal Generation Schedule to Support Recreation as noted in Item 1 above so
that additional release hours beyond the normal release schedule are not needed. Race events may
be sponsored by the Nantahala Racing Club (NRC), the Carolina Canoe Club (CCC), the Georgia
Canoe Association (GCA), the American Canoe Association (ACA) or other paddlesport
organizations. The sponsoring organization will consult with the NGA President to coordinate their
activities as much as possible prior to making a request to DPNA for releases for a whitewater race.
The sponsoring organization is also required to consult with the USFS and obtain any necessary
permits before conducting the race.
3. Other Special Events - Other non-race requests for special generation releases that require
additional generation hours above the total number of hours in any given month in the Normal
Generation Schedule to Support Recreation as noted in Item 1 above will be handled on a case-by-
case basis. To the maximum practical extent, releases will be integrated with the normal release
schedule so that additional release hours beyond the normal release schedule are not needed. The
sponsoring organization is required to consult with the NGA President to coordinate their activities
as much as possible prior to making a special request to DPNA. The sponsoring organization is
also required to consult with the USFS and obtain any necessary permits before conducting the
event.
4. Alterations to the Normal Generation Schedule to Support Recreation - DPNA will consider
• requests on a case-by-case basis to temporarily alter the Normal Generation Schedule to Support
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Attachment A - NCST Consensus Agreement
Recreation as noted in Item 1 above. Such alteration requests may shift the hours around or reduce
the total hours of releases to conserve the available water supply, but will not add additional hours
to the normal total number of hours scheduled for the given month. The requesting organization is
required to consult with the NGA President to coordinate their activities as much as possible prior
to making a request to DPNA.
5. All main stem recreational releases are at or above the best efficiency flow for the Nantahala
Hydro Unit.
6. Establish recreation flows in the Nantahala River Bypass using a Tainter Gate at Nantahala
Dam according to the following schedule:
a. Spring Weekend - Release water for six hours per day for one weekend (Saturday and Sunday)
per year, scheduled for the last weekend in April. Target flowrates will be approximately 250
cfs on Saturday and approximately 350 cfs on Sunday. Releases will be timed to reach the
confluence of Whiteoak Creek with the Nantahala River (i.e. approximately 5.8 river miles
downstream of Nantahala Dam) at approximately 10:00 am.
b. Summer Afternoons - Provide four total afternoon releases per year for 3 hrs each at a target
flowrate of approximately 250 cfs, scheduled between June 15 and August 31. Releases will be
timed to reach the confluence of Whiteoak Creek with the Nantahala River (i.e. approximately
5.8 river miles downstream of Nantahala Dam) at approximately 4:00 pm.
c. Fall Weekend - Release water for seven hours per day for one weekend per year, scheduled
between September 15 and September 30. Releases will be for seven hours at a target flowrate
of approximately 300 cfs on Saturday; and five hours at a target flowrate of approximately 425
cfs followed by two hours at a target flowrate of approximately 250 cfs on Sunday. Initial
releases each day will be timed to reach the confluence of Whiteoak Creek with the Nantahala
River (i.e. approximately 5.8 river miles downstream of Nantahala Dam) at approximately
10:00 am.
d. Target Flowrates - The target flowrates stated above are for flowrates immediately below the
confluence of Whiteoak Creek with the Nantahala River (i.e. approximately 5.8 river miles
downstream of Nantahala Dam). Actual release amounts from the Tainter gates need to be large
enough that when combined with other tributary and accretion flows, the total is as close as
possible to the target flowrates.
e. Initial Fishery Monitoring - During the first two years of these bypass releases, the USFS,
NCWRC, NCDWR and USFWS will monitor the existing fishery in the bypass, identify any
significant fisheries issues that may be caused by these bypass releases and will cooperatively
discuss any needed schedule changes with DPNA, the American Whitewater Affiliation, the
NGA President and Trout Unlimited. DPNA will convene meetings among these parties each
October following the first and second full seasons of these bypass releases. Permanent
schedule changes will only be made if all parties agree that changes are necessary. The total
number of hours at the approximate target flowrates will not change as a result of this
monitoring and these cooperative scheduling discussions.
•
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Attachment A - NCST Consensus Agreement
7. Annual Recreation Planning Meeting - each October beginning in 2004, DPNA will convene a
meeting of the following parties to discuss recreation flow planning for the next calendar year:
NCWRC, NCDWR, USFWS, USFS, American Whitewater Affiliation (AW), NGA, NRC, CCC,
GCA, ACA, Trout Unlimited (TU) and any other known entities desiring special releases from the
Nantahala Project during the coming year, a representative from a Nantahala Lake homeowners'
association and the Bartram Trail Association.
8. Ongoing DPNA Contact for Recreation Flow Issues - DPNA will continue to provide an
employee, preferably with an office located in the DPNA service area, to serve as a primary point
of contact for day-to-day, recreation flow-related issues. The employee will have additional duties,
but one of the employee's priorities will be ensuring continued effective communications with
businesses and the general public that use the river sections that have flows affected by DPNA
hydro stations.
9. Evaluation of First 5 Years - in October immediately following the first 5 full recreation seasons
of operation under the requirements of the new FERC license, DPNA will convene a meeting of
the following parties to discuss any lessons-learned from the previous 5 years of operation and to
identify any potential improvements that all the parties can agree upon: NCWRC, NCDWR,
USFWS, USFS, AW, NGA, NRC, CCC, TU and any other known entities desiring special releases
from the Nantahala Project, plus a representative from a lake homeowners' association if an
association desires.
10. Implement the new recreation flow schedule on the main stem of the Nantahala River in
2006, with DPNA continuing recreation flow releases in accordance with the existing license
and settlement agreement until then.
11. Implement the recreation flow releases in the Nantahala River Bypass in 2006, or upon
completion of the following, whichever comes last:
a. A traffic management plan is developed by the USFS with input from other local authorities.
b. Construction of the improved parking areas immediately above and below the Cascades section
is complete (i.e. the facilities identified in Items A.2.c and A.2.d above).
F. Resource Enhancement Initiatives
Note - these initiatives also encompass other DPNA hydro projects beyond just the areas covered by
this stakeholder team.
1. Dillsboro STEPS (Small Town Enhancement Planning Strategy) Initiative
a. Continue working with the Town of Dillsboro to complete the conceptual plan for their STEPS
Initiative by 5/30/03.
b. Continue to provide labor support, up to a maximum of 200 total man-hours from June 2003
through December 2004, from DPNA's selected staff members to the Town of Dillsboro to
• help with implementation of the STEPS Initiative. Support time will typically be provided on a
monthly basis.
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Attachment A - NCST Consensus Agreement
0c. Work with the Town of Dillsboro and other partners to develop a brief written history of
hydropower in western NC (particularly on the Tuckasegee and Nantahala Rivers). A written
summary will be provided to the town by 12/31/04.
d. Provide funding to the Town of Dillsboro, up to a maximum DPNA contribution of $50,000, to
support implementation of DPNA-selected elements of the town's STEPS Initiative. Funding
will be provided to the town when needed to support the DPNA-selected elements and could
come as early as 2004.
2. Dillsboro Dam Removal & Powerhouse Disposition
a. File a Dillsboro Project license application with the FERC and the supporting 401 Water
Quality Certification application with the North Carolina Division of Water Quality (NCDWQ)
by 7/31/03. Advise both the FERC and the NCDWQ of the potential to surrender the license
and request that the NCDWQ not issue a 401 Water Quality Certification and the FERC not
issue an order on the license application for the Dillsboro Project until the potential license
surrender is resolved.
b. Work with the USFWS, NCDWR, NCDWQ and the NCWRC to complete the necessary
environmental and engineering assessments. In addition to evaluating potential effects on
aquatic species, the assessments will consider options for removing the powerhouse, converting
the powerhouse to another use (e.g. museum), or simply leaving the powerhouse in as-is
condition. DPNA will then use the results of these assessments to make a preliminary
determination by 9/1/03 if it believes Dillsboro Dam removal can be done in a safe,
environmentally beneficial and cost-effective manner and to determine the disposition of the
powerhouse.
Assuming the review outlined in Item F.2.b above indicates the dam can be removed safely,
cost-effectively and in an environmentally beneficial manner, file a revised 401 Water Quality
Certification application with the NCDWQ and file an application with the FERC to surrender
the Dillsboro Project license, decommission Dillsboro Powerhouse, remove Dillsboro Dam and
pursue the selected disposition path for the powerhouse as follows:
1) On the same day, file both a revised 401 Water Quality Certification application and a
request to withdraw the previously filed 401 Water Quality Certification application for the
Dillsboro Project with the NCDWQ. The revised application will support dam removal
(also removal of the powerhouse if that disposition path is chosen). Both filings will be
completed by 6/1/04.
2) File a license surrender application with the FERC by 6/1/04.
3) Assuming NCDWQ approval and FERC approval to surrender the license and remove the
dam (and possibly the powerhouse) are received (could be received as early as 6/1/05) and
the approvals do not add any significant costs, burdens or risks beyond those contemplated
in DPNA's license surrender and revised 401 applications, DPNA will decommission the
• powerhouse, complete dam removal and complete the selected powerhouse disposition path
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within 3 years following the final FERC approval order and the closure of all legal
• challenge periods.
4) Complete any DPNA portion of the post-removal stream remediation and monitoring
within 2 years following completion of dam removal.
5) Continue to operate the Dillsboro Project under the terms of the existing license until
powerhouse decommissioning occurs.
6) Within 1 year following completion of dam removal and powerhouse decommissioning /
disposition (including any necessary stream restoration and the DPNA portion of any post-
removal monitoring), DPNA will:
a) Provide Local Governments the First Opportunity - Offer to convey interest in all its
property associated with the Dillsboro Project, including land and any remaining
structurally sound improvements, to the Town of Dillsboro. Allow a one-year window
for the town to complete the conveyance. If the town doesn't want the property or is
unable to complete the conveyance within the specified timeframe, the same offer will
then be extended to Jackson County.
b) Free Up the Property if the Local Governments aren't Interested - If neither the Town of
Dillsboro nor Jackson County complete the property conveyance within the specified
timeframes, then DPNA may do with its property as it sees fit.
7) Within 1 year following completion of dam removal and powerhouse decommissioning /
disposition (including any necessary stream restoration and the DPNA portion of any post-
removal monitoring), DPNA will provide the Town of Dillsboro with a written accounting
of the dam removal process, including a summary of the expected benefits.
8) Sharing the Benefits of Dam Removal Partnerships - DPNA has established a cost estimate
of $500,000 for the total Dillsboro Dam Removal/Powerhouse Disposition effort (including
all steps from the environmental and engineering assessments planned for summer 2003,
through completion of any DPNA portion of the post-removal stream remediation and
monitoring). DPNA will pursue cost-share funding and in-kind service partnerships with
other entities and will track DPNA's actual costs throughout the project. Provided that the
Town of Dillsboro is a party to any future settlement agreement involving dam removal,
then DPNA will share the benefits of any cost savings it achieves with the town for
additional investment in the town's STEPS Initiative. DPNA will contribute an amount
equal to DPNA's actual savings (compared to its total $500,000 expected cost), up to a
maximum DPNA contribution of $100,000, to the town for additional investment in DPNA-
selected elements of the town's STEPS Initiative. If the town is not a party to any future
settlement agreement, then any DPNA cost savings will be added to the Riparian Habitat
Enhancement initiative outlined below. Also, any DPNA cost savings above the $100,000
contribution to the town of Dillsboro will be added to the Riparian Habitat Enhancement
initiative outlined below. (Note: The $100,000 potential contribution to the Town of
Dillsboro is in addition to the $50,000 contribution identified in Item F. Ld above). All
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DPNA contributions will be made within 3 years following completion of all DPNA work
activities associated with the Dillsboro Dam Removal/Powerhouse Disposition effort.
d. If DPNA decides that the dam should not be removed, then:
1) The activities under Item F.2.c. above will not be required.
2) The limitations in this document concerning fish passage and Section 18 mandatory
conditioning authority under the Federal Power Act would not apply and the fish passage
issue would be re-evaluated by the USFWS, the NCWRC and DPNA on the DPNA hydro
projects.
3) Any limitations in this document concerning minimum flows in the Nantahala River
Bypass, the West Fork Bypass and in the Tanassee Creek Bypass (Bonas Defeat) would not
apply. The minimum flow issue in these three locations would be re-evaluated by the
NCDWQ, the NCWRC, the USFWS, the NCDWR, the USFS and DPNA and new
proposals included in the 401 Water Quality Certification and FERC relicensing processes
for the Nantahala Project, East Fork Project and the West Fork Project. The new proposals
could include additional or modified minimum flows or other appropriate mitigation.
4) DPNA will make any necessary revisions to its 401 Water Quality Certification and FERC
license applications.
5) Once any revised applications are received, the NCDWQ and the FERC will complete their
Is reviews and issue their official decisions concerning the new licenses.
6) By 12/1/05 or within 6 months following the FERC license approval order for the Dillsboro
Project, whichever comes last, DPNA will construct a canoe / kayak portage around the
dam.
7) The DPNA contribution to the Unique Fishery Identification listed in Item F.3 below would
not be required.
3. Unique Fishery Identification
a. Provide support when requested, but not before the final FERC order concerning Dillsboro
Project license surrender is received and the closure of all legal challenge periods has occurred,
to the USFWS and the NCWRC on studies to determine the range and distribution of the
sicklefin redhorse sucker in the Little Tennessee, Hiwassee and Tuckasegee Rivers.
b. DPNA's contribution may be in the form of a one-time funding contribution, in-kind services
or a combination of the two, not to exceed a total cost of $40,000.
4. Southern Brook Trout Restoration Partnership
a. Provide support when requested by the NCWRC, the USFWS and the USFS in a project to
restore the native strain of brook trout to a selected stream in the vicinity of Tennessee Creek
Hydro Station.
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b. DPNA's contribution may be in the form of a one-time funding contribution, in-kind services
or a combination of the two, not to exceed a total cost of $40,000.
5. Soil & Water Conservation Enhancement
Work with representatives from each county's Soil & Water Conservation District board to
obtain each board's prioritized list of initiatives that would either (1) make physical
improvements that protect soil or water resources, (2) educate landowners or school children on
proper soil or water conservation practices, or (3) improve agency enforcement of existing soil
or water conservation-related regulations. All initiatives must support improved soil or water
conservation on lands that drain to any of the DPNA hydro reservoirs or the river sections
between DNPA hydro reservoirs and reservoirs belonging to the Tennessee Valley Authority
(TVA). The prioritized initiatives list will be requested from each board by 7/1/05.
b. Review each board's prioritized list and select initiatives from the list to receive funding
support from DPNA.
c. Contribute $40,000 per county in Cherokee, Clay, Jackson, Macon and Swain counties toward
implementation of the DPNA-selected initiatives.
d. Contributions will be made between 1 and 15 years following the issuance of the applicable
new FERC licenses and the closure of all legal challenge periods.
6. Riparian Habitat Enhancement
a. Provide DPNA funding to support initiatives within the DPNA service area that would either
(1) protect or enhance fish and wildlife habitat directly, or (2) educate landowners or school
children about the importance of healthy riparian areas to fish and wildlife habitat and about the
related best management practices in riparian areas. All initiatives must support protection or
enhancement of fish or wildlife habitat on lands that drain to any of the DPNA hydro reservoirs
or the river sections between DNPA hydro reservoirs and reservoirs belonging to the Tennessee
Valley Authority (TVA).
b. Work with other interested stakeholder team members to define the process by 8/1/03 that will
be used to prioritize potential initiatives.
Once the prioritized list of initiatives is received (target date is 7/1/05), DPNA will select
initiatives from the list to receive DPNA funding support. The total DPNA contribution will be
$200,000.
d. Contributions will be made between 1 and 15 years following the issuance of the applicable
new FERC licenses and the closure of all legal challenge periods.
7. Provide Conservation Land
a. Purchase a selected tract of land and convey its interest in the land to a governmental entity or a
non-profit conservation organization.
b. If the tract that is currently being considered cannot be obtained at an acceptable cost to DPNA,
then a replacement tract(s) of similar conservation value that can be obtained at an acceptable
cost to DPNA will be pursued.
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c. Purchase of the selected tract or replacement tract(s) will be pursued in 2003 and 2004 by
• DPNA.
d. Conveyance of DPNA's interest in the property will occur in 2006 or within 1 year following
issuance of the new FERC licenses for the East Fork, West Fork and Nantahala Projects and the
closure of all legal challenge periods, whichever is longer.
e. If conservation lands cannot be purchased at an acceptable cost to DPNA, then DPNA will
meet with the USFS, USFWS, NCDWR, the NCWRC and other interested parties to any future
settlement agreement to consider other mitigation possibilities.
G. Shoreline Management
1. Interim Procedures - Until the new requirements identified in Item GA below are implemented,
continue enforcing shoreline protection measures for environmentally sensitive areas (e.g. Duke-
designated wetlands) and continue limiting cutting of trees within the FERC project boundaries.
2. Maps - Develop shoreline classification maps for Nantahala Lake, identifying any unique areas
that need protection for environmental, recreational, cultural or operational reasons and provide the
associated lake use restrictions.
3. Lake Clean Up - Beginning in 2004, work with others to support an annual "Lake Wide Clean
Up" on Nantahala Lake. DPNA's contribution will be to remove trash during the week following
the clean-up from pre-designated disposal sites around the lake.
4. Implement the final version of the lake use restrictions, vegetation management requirements
and the shoreline management guidelines on 7/1/03. (See Exhibit A)
5. DPNA will continue reviewing and addressing lake security issues.
H. Cultural Resources
1. HPMP - Develop a Historic Properties Management Plan (HPMP) for the Nantahala Project to
ensure that significant cultural resources within the FERC Project boundary are documented and
protected to the extent required by state and tribal historic preservation offices.
2. Additional Studies - Conduct additional archaeological studies of two identified sites if a planned
drawdown of the lake to elevations that are 60 ft or more below Normal Full Pond Elevation will
be conducted for 30 consecutive days or longer.
3. Historic Properties Management Plan to be developed and implemented within 2 years
following FERC issuance of the new license and the closure of all legal challenge periods.
E
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Attachment A - NCST Consensus Agreement
• I. Monetary Values
1. CPI Adjustment - The monetary values stated in this document are established in 2004 dollars. As
funds are actually utilized in future years, they will be adjusted using the Consumer Price Index
(CPI) to convert them from 2004 dollars to the appropriate dollar amount for the year in which the
funds are actually used.
J. Sediment Management
1. DPNA will endeavor in good faith to operate its hydro projects in ways that minimize the
need to draw the reservoirs down to mechanically remove sediment.
•
•
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Attachment A - NCST Consensus Agreement
II. The Nantahala Cooperative Stakeholder Team agrees in consensus to the
i following for the relicensing process and the term of the next FERC license
period for DPNA's Nantahala Hydro Project:
A. Support continued operational flexibility for DPNA's Nantahala Hydro Project
1. Flow Prescriptions - Provided Dillsboro Dam is removed, there will be no requests or support for
prescribed flows of any kind (minimum flows, bypass flows, recreation flows, channel
maintenance flows, etc.) other than the prescribed flows proposed herein, except for emergency
requests to support human health, environmental health, human safety or to avoid property damage.
2. Lake Level Limitations - There will be no requests or support for lake level restrictions of any
kind other than those identified herein, except for emergency requests to support human health,
environmental health, human safety or to avoid property damage.
3. Operational Restrictions - There will be no requests or support for other hydro operational
restrictions of any kind (e.g. ramping rate limits, peaking power limits, pulsing of hydro units, etc.),
except for emergency requests to support human health, environmental health, human safety or to
avoid property damage.
4. Low Inflow Protocol - Agree to share the burden of low water availability in accordance with the
attached Low Inflow Protocol (see Exhibit B).
• 5. Hydro Project Maintenance & Emergency Protocol - Agree to the approach for temporary
deviation from certain license conditions to handle specific abnormal situations in accordance with
the attached Hydro Project Maintenance & Emergency Protocol (see Exhibit Q.
B. Actively participate with DPNA in recreation area construction and/or management.
1. Access Area Operation and Maintenance
a. NCWRC will enter into a cooperative maintenance agreement with DPNA similar to the
existing agreement on other Duke Power lakes (see Exhibit D) for the access areas located on
property owned by DPNA at Nantahala Lake (2), and the Nantahala River Bypass (1).
b. USFS will operate and maintain the facilities that are located on land owned by the USFS.
USFS will operate and maintain the facilities that are located on land leased from DPNA in
accordance with the lease agreement and a written plan & schedule for operation and
maintenance that will be reviewed and approved by DPNA.
2. Access Area Construction
a. NCWRC will provide any cost-share funding and construction support as noted herein and will
repair / rebuild the facilities that they maintain as needed, including getting any prior approvals
from DPNA as may be required by the maintenance agreement.
• b. USFS will repair / rebuild the facilities located on their land as needed.
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Attachment A - NCST Consensus Agreement
0c. USFS will repair / rebuild the facilities located on land leased from DPNA as needed, including
obtaining any prior approvals from DPNA as may be required by the lease agreement.
3. Consideration of Additional Public Recreation Facilities in the Future
a. No additional public recreation facilities associated with the Nantahala Project beyond those
noted herein will be requested by NCST members or the organizations they represent within the
first 15 years of the new FERC license.
b. Established mechanisms for monitoring growth in recreation facility demand (e.g. FERC Form
80, NC State Comprehensive Outdoor Recreation Plan, USFS recreation use monitoring, etc.)
will be utilized as indicators of any potential need for additional facilities or facility expansions
in the future.
DPNA may also choose to undertake recreation use and needs studies if it desires to evaluate
any future recreation needs that may be directly related to its hydro project.
d. After the first 15 years of operation under the new FERC license, additional recreation facilities
can be requested by NCST members or the organizations they represent. All such requests
should be justified by the requester with the necessary supporting data.
e. If DPNA agrees that additional recreation facilities that are directly related to its hydro project
are needed, it will endeavor in good faith to budget funds and make the necessary
improvements. Preference will be given to upgrades of existing facilities that require no
additional property rights and for which substantial cost-share funds are made available from
other sources.
C. Not oppose new FERC license conditions and compliance monitorinp, requirements and
401 Water Quality Certification conditions that are consistent with this agreement.
1. Compliance Monitoring
a. All agencies will work cooperatively with DPNA to design adequate compliance monitoring
programs that do not cause undue burden to DPNA.
2. FERC Licenses
a. There will be no requests or support for any FERC license conditions that conflict with the
above conditions or that add substantial additional burdens, costs or risks to DPNA beyond the
burdens, costs and risks as noted herein.
b. There will be no requests or support for any FERC license re-openers of any kind beyond those
that FERC includes in licenses for hydro projects of this size.
c. Provided Dillsboro Dam is removed, there will be no Section 18 Mandatory Conditions
included in the new licenses for any of the DPNA hydros, beyond those absolutely essential to
protect fish resources that are directly affected by operation of a DPNA hydro project. Also,
• provided Dillsboro Dam is removed, any Section 18 Mandatory Conditions must not conflict
with the above conditions and will not add substantial additional burdens, costs or risks to
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DPNA beyond the burdens, costs and risks as noted herein. If the USFWS determines that any
• Section 18 Mandatory Conditions should be required, it will impose the least cost alternative
that ensures continued protection of fish resources. Also, it is the intent of the USFWS and
DPNA to work together prior to the signing of any settlement agreement to identify some
portion of the next license periods within which it is not expected that any Section 18
Mandatory Conditions, beyond the standard reservation of that authority, would be necessary
or pursued.
d. There will be no Section 4e Mandatory Conditions beyond those absolutely essential to protect
National Forest resources that are directly affected by operation of a DPNA hydro project. Any
Section 4e Mandatory Conditions must not conflict with the above conditions and will not add
substantial additional burdens, costs or risks to DPNA beyond the burdens, costs and risks as
noted herein. If the USFS determines that any Section 4e Mandatory Conditions should be
required, it will impose the least cost alternative that ensures continued protection of National
Forest resources.
3. 401 Water Quality Certifications
a. There will be no requests or support from stakeholder team members other than the NCDWQ
for any 401 Water Quality Certification conditions that conflict with the above conditions or
that add substantial additional burdens, costs or risks to DPNA beyond the burdens, costs and
risks as noted herein.
b. If the NCDWQ requires 401 Water Quality Certification conditions that conflict with the above
conditions or that add substantial additional burdens, costs or risks to DPNA beyond the
burdens, costs and risks as noted herein, then the steps outlined in Item D. below will be
pursued.
c. There will be no requests or support for any re-openers of any kind in the 401 Water Quality
Certifications for the Nantahala Hydro Project beyond the standard NCDWQ language
included in 401 Water Quality Certifications for hydro projects.
4. Statutory Responsibilities of Governmental Agencies
a. Nothing in this document will prevent any governmental agency from acting as it thinks it must
to comply with its mandated statutory responsibilities.
b. The governmental agencies that are members of the stakeholder team believe they can exercise
their statutory duties in a manner that is materially consistent with this document.
D. Agree that the following actions will be taken if anv jurisdictional body takes action that
is materially inconsistent with any future settlement agreement that is develoned based on
this document:
1. DPNA will make the parties to any future settlement agreement aware of the situation.
2. DPNA will work with the appropriate jurisdictional body to pursue any alternatives which
• eliminate the inconsistency and that are acceptable to both DPNA and the jurisdictional
body.
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• 3. Once a consistent alternative is identified or if the material inconsistency cannot be
satisfactorily eliminated, DPNA will:
a. Meet with the parties to any future settlement agreement to explain the situation and discuss
any potential needs to revise the settlement agreement requirements to be consistent with the
jurisdictional body's actions or to offset the additional burdens, costs or risks placed on DPNA
by the jurisdictional body's actions.
b. The parties to any future settlement (including DPNA) will endeavor in good faith to
cooperatively make timely changes to the settlement agreement that are necessary to meet the
jurisdictional body's demands without increasing the overall burdens, costs and risks placed on
DPNA.
c. Advise the parties to any future settlement of DPNA's planned actions, which may include
partial or full withdrawal from the requirements of the settlement agreement if the parties and
DPNA cannot agree on any necessary changes to the settlement agreement requirements.
•
is
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III. Full Consensus Acknowledgement - The undersigned Primary Members of the Nantahala
• Cooperative Stakeholder Team (NCST) acknowledge all of the following:
A. Participation & Knowledge - They have participated in the activities of the NCST and have a
good understanding of the information contained herein.
•
•
B. Consensus Level - By signing below, they are indicating that based on their current knowledge
level and consideration of their interests and those of the groups they represent, they are in
agreement with the entirety of this document, (hereafter called a "consensus agreement") with
agreement being defined as a rating of 1-4 on the 5-point consensus scale identified in the NCST
charter (see Exhibit E).
C. Opportunity to Register Major Reservations - That on the appropriate line within the signature
block below, they have identified the paragraph, subparagraph and page numbers of any specific
element(s) of this agreement that they rated as a "4" on the 5-point consensus scale identified in
the NCST charter (see Exhibit E). Also, they will provide to the Natural Resources Leadership
Institute (NRLI) not later than 6/30/03, a I00-word or less statement describing their basic reasons
for having Major Reservations with the specific element(s).
D. Settlement Agreement Development - By being in agreement with the entirety of this document,
their organization is requested to help develop and sign a binding settlement agreement not later
than 9/15/03 that will convert this consensus agreement into a binding contract, subject to any
changes, addition of details and terms and conditions as may be determined necessary by
consensus of the parties signing the settlement agreement.
E. Good Faith Effort to Sign Settlement - That based on their current level of knowledge, they do
not know of any reason why their organization would not sign the above-mentioned, binding
settlement agreement, and that they will endeavor in good faith with the other parties noted below
to develop the settlement agreement and acquire the signature of their authorized representative.
F. No Legal Obligation - That by signing below, they are not legally obligating their organization to
sign any future settlement agreements.
G. Filing Consensus Agreement - DPNA will file this consensus agreement and the report
information as identified in the NCST charter (see Exhibit E) with the FERC along with its license
applications and with the NCDWQ along with its applications for 401 Water Quality Certifications
as necessary for the relicensing process.
H. Filing Settlement Agreement - Provided that DPNA signs the future settlement agreement, that
DPNA will also file the settlement agreement with the FERC and the NCDWQ for the agencies'
consideration as they process the license and / or license surrender applications and the 401 Water
Quality Certification applications for the DPNA hydros. DPNA will also request that the FERC
and the NCDWQ act consistently with the applicable terms of the settlement agreement as the
agencies develop the new license documents or license surrender orders and the 401 Water Quality
Certifications for the DPNA hydro projects.
Attachment A.NCST Consensus Agreement.doc
Rev: Draft 10/15/2003
19
Attachment A - NCST Consensus Agreement
•
(Signature)
(Date)
(Printed Name)
(Organization)
(Paragraph, Subparagraph and Page Number of Any Agreement Elements for which Member
has Major Reservations (i.e. Rated as a "4")
(Signature)
(Printed Name)
(Date)
(Organization)
(Paragraph, Subparagraph and Page Number of Any Agreement Elements for which Member
has Major Reservations (i.e. Rated as a "4")
(Signature)
(Printed Name)
(Date)
(Organization)
?raragrapn, ?ueparagraph and Yage Number of Any Agreement Elements for which Member
has Major Reservations (i.e. Rated as a "4")
•
Attachment A.NCST Consensus Agreement.doc
Rev: Draft 10/15/2003
20
Attachment A - NCST Consensus Agreement
• IV. No Pursuit of Settlement Agreement - The undersigned Primary Members of the
Nantahala Cooperative Stakeholder Team (NCST) acknowledge all of the following:
A. Participation & Knowledge - They have participated in the activities of the NCST and have a
good understanding of the information contained herein.
B. Consensus Level - By signing below, they are indicating that based on their current knowledge
level and consideration of their interests and those of the groups they represent, they are either (a)
in agreement with some, but not all of this document (hereafter called a "consensus agreement"),
with agreement being defined as a rating of 1-4 on the 5-point consensus scale identified in the
NCST charter (see Exhibit E), (b) they are not in agreement with any of this document or (c) they
are in full agreement with this document, but their organization cannot or will not sign a legally-
binding settlement agreement.
C. Provision of Dissention Statements - That on the appropriate line within the signature block
below, they have identified the paragraph, subparagraph and page numbers of any specific
element(s) of this agreement that they rated as a "5" on the 5-point consensus scale identified in
the NCST charter (see Exhibit E). Also, they have provided or will provide to the Natural
Resources Leadership Institute (NRLI) not later than 6/30/03, a 100-word or less Dissention
Statement describing their basic reasons for not being able to live with the specific element(s) that
they rated as a "5" or their basic reasons for not signing a binding settlement agreement.
D. No Participation in Settlement Agreement - By not agreeing with the entirety of this document,
their organization will not participate in the development of, or sign a binding settlement
agreement.
E. Reconsideration of Consensus or Settlement Position - That if they should reconsider their
decision and agree to this consensus agreement in its entirety and agree to pursue signing a
settlement agreement, and provided that the Primary Member and the organization they represent
have continuously complied with the behavioral boundaries established by the NCST charter (see
Exhibit E), then they may contact DPNA or the NRLI and arrange to amend their signature on this
consensus agreement accordingly, but not later than June 30, 2003. In such cases, they will then be
able to help develop and potentially sign the settlement agreement with the other parties that agreed
with the entirety of this consensus agreement.
F. Favored Provisions May be Modified - By not pursuing the settlement agreement, favored
provisions of primary members and their organizations could potentially be modified without
malice in the development of additional detail and other modifications deemed necessary for the
creation of the settlement agreement.
G. Filing Consensus Agreement - DPNA will file this consensus agreement and the report
information as identified in the NCST charter (see Exhibit E) with the FERC along with its license
applications and with the NCDWQ along with its applications for 401 Water Quality Certifications
as necessary for the relicensing process.
t
Attachment A.NCST Consensus Agreement.doc
Rev: Draft 10/15/2003
21
Attachment A - NCST Consensus Agreement
H. No ObliEations For DPNA - That since this consensus agreement does not constitute a legally-
binding contract, DPNA is under no obligation whatsoever to request or agree with incorporation
of any conditions in its new FERC licenses or the applicable 401 Water Quality Certifications that
the undersigned believes may be necessary or otherwise desirable.
•
Attachment A.NCST Consensus Agreement.doc
Rev: Draft 10/15/2003
22
Attachment A - NCST Consensus Agreement
so
(Signature)
(Date)
(Printed Name)
(Organization)
(Paragraph, Subparagraph and Page Number of Any Agreement Elements that Member could not Live with (i.e.
Rated as a "5")
(Signature)
(Printed Name)
(Date)
(Organization)
• (Paragraph, Subparagraph and Page Number of Any Agreement Elements that Member could not Live with (i.e.
Rated as a "5")
(Signature)
(Date)
(Organization)
(Printed Name)
E
(Paragraph, Subparagraph and Page Number of Any Agreement Elements that Member could not Live with (i.e.
Rated as a "5")
Attachment A.NCST Consensus Agreement.doc
Rev: Draft 10/15/2003
23
Attachment A - NCST Consensus Agreement
V. List of Exhibits
• A. DPNA lake use restrictions vegetation management requirements and the shoreline
management guidelines - effective 7/1/03
B. Low Inflow Protocol for the Nantahala Project
C. Hydro Project Maintenance & Emergency Protocol for the Nantahala Project
D. Example Access Area Maintenance Agreement between Duke Power and the NCWRC
E. NCST Charter
•
•
Attachment A.NCST Consensus Agreement.doc
Rev: Draft 10/15/2003
24
Attachment B - Low Inflow Protocol (LIP) for the Nantahala Project
• Introduction
This Low Inflow Protocol (LIP) provides trigger points and procedures for how the Nantahala Project (FERC #
2692) will be operated by the Licensee during periods of low inflow (i.e. periods when there is not enough water
flowing into Nantahala Lake to meet the normal needs for power generation, recreation flows, minimum flows, any
on-reservoir water withdrawals and lake level maintenance). The protocol was developed on the basis that all
parties with interests in water quantity will share the impact of low inflow.
In general during periods of normal inflow, the Licensee will provide at least a prescribed number of hours per day
of generation to support electric customer needs and the needs of whitewater boaters in the main stem of the
Nantahala River, in addition to providing minimum flows in bypassed stream reaches, scheduled Tainter gate
releases for recreation and maintaining lake levels above certain prescribed minimum levels. During low inflow
periods when the Licensee cannot meet all of the above conditions, it will reduce generation weekly by a prescribed
amount per day during generation and/or recreation periods, along with corresponding weekly reductions in bypass
flows, Tainter gate releases for recreation and minimum reservoir levels. In addition, any large (i.e. greater than or
equal to one Million Gallons per Day (MGD) maximum instantaneous capacity) water intakes that are authorized
on Nantahala Lake, Whiteoak Creek Pond or Dicks Creek Pond in the future will also have a reduction protocol
incorporated into the easement documents that the Licensee uses to approve of such intakes. The incremental
reduction of all water demands on the system will continue until inflows are restored to a point where Nantahala
Lake level returns to its Normal Operating Range.
Key Facts and Assumptions
1. Dicks Creek - Dicks Creek will continue to be free-flowing with inflow into the pond formed by Dicks Creek
Diversion Dam being equal to the outflow at the base of the dam. No water will be diverted into the penstock at
Dicks Creek Diversion Dam.
2. Minimum Flows in Bypassed Stream Reaches - Assume the new license for this project will include the
following requirements for minimum releases from hydro project works into bypassed stream reaches to
enhance water quality and/or aquatic species habitat (except during periods of low inflow covered by a low
inflow protocol):
a. Nantahala River Bypassed Reach
•
Attachment B. LIP for the Nantahala Project.doc
Rev.: DRAFT 10/15/03
Attachment B - Low Inflow Protocol (LIP) for the Nantahala Project
1) Minimum Flow Valve #1 - Maintain the existing minimum flow valve capable of releasing up to 8 cfs
• from the Whiteoak Creek Penstock into Dicks Creek to provide flows in the Nantahala River Bypassed
Reach.
2) Minimum Flow Valve #2 - Install an additional minimum flow valve capable of releasing up to 8 cfs
from the Whiteoak Creek Penstock into Dicks Creek to provide flows in the Nantahala River Bypassed
Reach.
3) From the two minimum flow valves located on the Whiteoak Creek Penstock, provide a total of the
following releases into Dicks Creek to provide flows in the Nantahala River Bypassed Reach:
a) From November 1 through May 31, 8 cfs.
b) From June 1 through October 31, 16 cfs.
b. Whiteoak Creek Bypassed Reach
1) Whiteoak Creek Diversion Dam - Provide 8 cfs or stream flow, whichever is less, from the Whiteoak
Creek Diversion Dam into the Whiteoak Creek Bypassed Reach from January 1 through December 31.
r
3. Normal Generation Releases for Recreation - Assume the new license for this project will include the
following requirements for a Normal Generation Schedule to Support Recreation at the Nantahala Powerhouse,
with all releases being at or above the Best Efficiency Flow for the Nantahala Hydro Unit:
a. 2°a Monday in March through March 31 - 10:00 am to 3:00 pm, seven days per week
b. April - 10:00 am to 4:00 pm, seven days per week
c. May through Labor Day - 9:00 am to 5:00 pm, seven days per week, plus provide one additional hour to
the schedule (i.e. 9:00 am to 6:00 pm) on both the Saturday and Sunday before Memorial Day and Labor
Day
d. September after Labor Day- 10:00 am to 4:00 pm Sunday through Friday, 9:00 am to 5:00 pm Saturday
e. October- 10:00 am to 3:00 pm Sunday through Friday and 9:00 am to 5:00 pm Saturday.
4. Other Prescribed Generation Releases - Assume the new license for this project will also include the following
requirements for prescribed generation releases in addition to the above Normal Generation Schedule to
• Support Recreation:
Attachment B. LIP for the Nantahala Project.doc
2 Rev.: DRAFT 10/15/03
Attachment B - Low Inflow Protocol (LIP) for the Nantahala Project
• a. Whitewater Races - Provide up to 70 hrs per year of generation releases (all at or above the Best Efficiency
Flow for the Nantahala Hydro Unit) to support established National, Southeastern Regional or State Level
Whitewater Races. To the maximum practical extent, releases will be integrated with the normal release
schedule so that additional release hours beyond the normal release schedule are not needed.
b. Other Special Events - Other non-race requests for special generation releases that require additional
generation hours above the total number of hours in any given month in the Normal Generation Schedule to
Support Recreation will be handled on a case-by-case basis. To the maximum practical extent, releases
will be integrated with the normal release schedule so that additional release hours beyond the normal
release schedule are not needed.
5. Bypass Flow Releases for Recreation - Assume the new license for this project will include requirements for
scheduled releases from Nantahala Dam into the Nantahala River Bypassed Reach to enhance downstream
recreation:
a. Spring Weekend - Release water for six hours per day for one weekend (Saturday and Sunday) per year,
scheduled for the last weekend in April. Target flowrates will be approximately 250 cfs on Saturday and
approximately 350 cfs on Sunday. Releases will be timed to reach the confluence of Whiteoak Creek with
the Nantahala River (i.e. approximately 5.8 river miles downstream of Nantahala Dam) at approximately
10:00 am.
b. Summer Afternoons - Provide four total afternoon releases per year for three hrs each at a target flowrate of
approximately 250 cfs, scheduled between June 15 and August 31. Releases will be timed to reach the
confluence of Whiteoak Creek with the Nantahala River (i.e. approximately 5.8 river miles downstream of
Nantahala Dam) at approximately 4:00 pm.
c. Fall Weekend - Release water for seven hours per day for one weekend per year, scheduled between
September 15 and September 30. Releases will be for seven hours at a target flowrate of approximately 300
cfs on Saturday; and five hours at a target flowrate of approximately 425 cfs and two hours at a target
flowrate of approximately 250 cfs on Sunday. Releases will be timed to reach the confluence of Whiteoak
Creek with the Nantahala River (i.e. approximately 5.8 river miles downstream of Nantahala Dam) at
approximately 10:00 am.
•
Attachment B. LIP for the Nantahala Project.doc
Rev.: DRAFT 10/15/03
Attachment B - Low Inflow Protocol (LIP) for the Nantahala Project
d. Target Flowrates - The target flowrates stated above are for flowrates immediately below the confluence of
• Whiteoak Creek with the Nantahala River (i.e. approximately 5.8 river miles downstream of Nantahala
Dam). Actual release amounts from the Tainter gates need to be large enough that when combined with
other tributary and accretion flows, the total is at or above the approximate target flowrates.
6. Normal Full Pond Elevation - also referred to simply as "full pond", this is the level of a reservoir that
corresponds to the point at which water would first begin to spill from the reservoir's dam(s) if the Licensee
took no action. This level corresponds to the lowest point along the top of the spillway (including any fuse
plugs or flashboards) for reservoirs without flood gates and to the lowest point along the top of the flood gates
for reservoirs that have them. For Nantahala Lake, Normal Full Pond Elevation is at 3012.2 ft above Mean Sea
Level. To avoid confusion among the many reservoirs the Licensee operates, it has adopted the practice of
referring to the Normal Full Pond Elevation for all of its reservoirs as equal to 100.0 ft relative.
7. Normal Minimum Elevation - the level of a reservoir (measured in ft above Mean Sea Level (msl) or feet
relative to the full pond contour with 100.0 ft corresponding to full pond) that defines the bottom of the
reservoir's Normal Operating Range for a given day of the year. If inflows and outflows to the reservoir are
kept within some reasonable tolerance of the average or expected amounts, hydro project equipment is
• operating properly and no protocols for abnormal conditions have been implemented, reservoir level excursions
below the Normal Minimum Elevation should not occur.
8. Normal Maximum Elevation - the level of a reservoir (measured in ft above Mean Sea Level (msl) or feet
relative to the full pond contour with 100.0 ft corresponding to full pond) that defines the top of the reservoir's
Normal Operating Range for a given day of the year. If inflows and outflows to the reservoir are kept within
some reasonable tolerance of the average or expected amounts, hydro project equipment is operating properly
and no protocols for abnormal conditions have been implemented, reservoir level excursions above the Normal
Maximum Elevation should not occur. (Note: See Item 17 below for special drought storage considerations).
9. Normal Target Elevation - the level of a reservoir (measured in ft above Mean Sea Level (msl) or feet relative
to the full pond contour with 100.0 ft corresponding to full pond) that the Licensee will endeavor in good faith
to achieve, unless operating in the Low Inflow or Hydro Project Maintenance & Emergency Protocol. The
Normal Target Elevation will fall within the Normal Operating Range, but it may not always be the average of
the Normal Minimum and Normal Maximum Elevations.
Attachment B. LIP for the Nantahala Project.doc
4 Rev.: DRAFT 10/15/03
Attachment B - Low Inflow Protocol (LIP) for the Nantahala Project
10. Normal Operating Range for Lake Levels - the band of reservoir levels within which the Licensee normally
• attempts to maintain a given reservoir that it operates on a given day. Each reservoir has its own specific
Normal Operating Range, and that range is bounded by a Normal Maximum Elevation and a Normal Minimum
Elevation. If inflows and outflows to the reservoir are kept within some reasonable tolerance of the average or
expected amounts, hydro project equipment is operating properly and no protocols for abnormal conditions
have been implemented, reservoir level excursions outside of the Normal Operating Range should not occur.
(Note: See Item 17 below for special drought storage considerations). Assume the new license for this project
will include requirements for the following Normal Operating Range:
•
Month Normal
Minimum
Elevation (ft)
Normal Target
Elevation (ft) Normal
Maximum
Elevation (ft)
Jan 73 78 83
Feb 76 83 88
Mar 78 88 93
Apr 85 93 98
May 93 97 99.5
Jun 93 97 99.5
Jul 93 97 99.5
Au 91 96 99.5
Se 88 93 98
Oct 83 88 93
Nov 78 83 88
Dec 73 78 83
Note: The above are the Normal Maximum, Normal Minimum and Normal Target Elevations for the
first day of each month. The Normal Maximum, Normal Minimum and Normal Target Elevations for
any other day of the month can be determined by linear interpolation.
11. Net inflow - The cumulative inflow into a reservoir, usually expressed in ac-ft per week or ac-ft per month that
is available for generation of hydroelectricity or for supplying non-generation water demands. Net inflow is the
sum of tributary stream flow, groundwater runoff, precipitation falling on the reservoir surface, surface runoff
and point-source discharge flows, less the sum of net on-reservoir water withdrawals, groundwater recharge
and evaporation.
12. Normal Minimum Generation Volume - the minimum amount of net inflow, expressed in ac-ft per month, ac-ft
per week or MWH of electric generation per week that is normally reserved in a hydro reservoir for release
through the hydro turbines, producing hydroelectricity. For purposes of this low inflow protocol, the following
• are the Normal Minimum Generation Volumes for the Nantahala Project:
Attachment B. LIP for the Nantahala Project.doc
5 Rev.: DRAFT 10/15/03
Attachment B - Low Inflow Protocol (LIP) for the Nantahala Project
•
Period Normal Minimum
Generation Volume
(ac-ft / week) Corresponding Energy
Production
(MWH / week)
May - Feb 2430 2324
Mar 1519 1453
Apr 1822 1743
Note: The above water volumes and generation amounts assume that the new runner at Nantahala Hydro
Station is operating at its Best Efficiency Point and is producing 41.5 MW and releasing 525 cfs for eight
hrs per day, seven days per week from May through February; five hrs per day, seven days per week in
March and six hrs per day, seven days per week in April. The above water volumes and generation amounts
include both the energy produced by the hydro turbine during generation releases to support downstream
recreation as well as energy produced during other periods of unit dispatch to meet the Licensee's electric
customers' needs. To the maximum practical extent, when the weekly minimum generation volumes are
reduced in the LIP, the reductions will be shared equally between the MWH/week that are reserved to make
generation releases to support downstream recreation and generation releases (i.e. dispatch) to support
electric customers' needs.
13. Threshold Minimum Flows - the minimum flow release amounts from hydro project works that may be
necessary to sustain aquatic communities consistent with the resource management goals and objectives for the
affected stream reaches. Since the normal minimum flow releases are for water quality and / or aquatic species
habitat enhancements, the Threshold Minimum Flows are related to and lower than the normal minimum flow
releases required by the FERC license. For the purposes of this protocol, it is assumed that the Threshold
Minimum Flows are as follows:
a. Whiteoak Creek Bypassed Reach - 2 cfs or inflow into Whiteoak Creek Pond, whichever is less, released
from Whiteoak Creek Diversion Dam into the Whiteoak Creek Bypassed Reach.
b. Nantahala River Bypassed Reach - The following combined flowrates released from the two Spill Valves
on the Whiteoak Creek Penstock:
1) From November 1 through May 31 - 2 cfs
2) From June 1 through October 31 - 5 cfs.
Attachment B. LIP for the Nantahala Project.doc
6 Rev.: DRAFT 10/15/03
Attachment B - Low Inflow Protocol (LIP) for the Nantahala Project
14. Priority of Reducing Minimum Flows - when making reductions in minimum flows in the bypassed reaches,
the following priority will be used, reducing each release point to its Threshold Minimum Flow value before
moving to the next release point:
a. Reduce the spill at Whiteoak Creek Diversion Dam
b. Reduce the flowrates from the Spill Valves on the Whiteoak Creek Penstock
15. Normal Minimum Non-Generation Volume - the minimum amount of net inflow, usually expressed in ac-ft per
month or ac-ft per week that is normally reserved in a hydro reservoir to account for the portion of net inflow
that leaves the reservoir without producing hydroelectricity. Examples include leakage from the main dam(s),
diversion dam(s), penstock(s) or hydro turbine(s) into surface water; releases from flood, sluice and trash gates;
and releases from minimum flow devices.
16. Low inflow period - any period when net inflow to a reservoir is not sufficient to maintain the reservoir's
elevation above the Normal Minimum Elevation, while still providing the Normal Minimum Generation
Volume, and the Normal Minimum Non-Generation Volume.
17. Drought Storage Considerations - the Licensee will be allowed to raise the reservoir to levels above the Normal
Maximum Elevation when water is available during periods of extended drought.
18. Threshold Bypass Whitewater Recreation Release - the duration and target flowrate below which Tainter gate
releases in the Nantahala River Bypassed Reach to support whitewater boating can no longer achieve their
intended purpose due to very short run times or too much contact with the riverbed. For the purpose of this
protocol, the Threshold Bypass Whitewater Recreation Release is 175 cfs (target flowrate immediately below
the confluence of Whiteoak Creek with the Nantahala River (i.e. approximately 5.8 river miles downstream of
Nantahala Dam)) for 2 hours duration.
19. Priority of Reducinjz Tainter Gate Releases for Whitewater Recreation - when making reductions in Tainter
gate releases for whitewater recreation in the Nantahala River Bypassed Reach, the duration of the release
should be reduced first until it reaches the above stated threshold duration, then the target flowrates should be
reduced until the threshold flowrate is reached. If there is a 2-hr release planned for each of two consecutive
days, then it's preferable to have a single 4-hr release than two, 2-hr releases. For days where the scheduled
is release included hours at two different target flowrates, the reduction should be made in the following order:
Attachment B. LIP for the Nantahala Project.doc
7 Rev.: DRAFT 10/15/03
Attachment B - Low Inflow Protocol (LIP) for the Nantahala Project
a. Reduce duration of the release for the lower scheduled flowrate in steps until the duration equals the above
stated threshold duration (see Item 18 above).
b. Reduce duration of the release for the higher scheduled flowrate in steps until the duration equals the above
stated threshold duration (see Item 18 above).
c. Reduce targeted flowrate of the release for the lower scheduled flowrate in steps until it equals the above
stated threshold flowrate (see Item 18 above).
d. Reduce targeted flowrate of the release for the higher scheduled flowrate in steps until it equals the above
stated threshold flowrate (see Item 18 above).
20. Relationship Between this Protocol and the Hydro Project Maintenance & Emergency Protocol (HPMEP) -
The HPMEP outlines the general approach the Licensee will take under certain emergency and equipment
failure and maintenance situations to continue practical and safe operation of the hydro project, to mitigate any
related impacts to license conditions and to communicate with resource agencies and the affected parties. Under
the HPMEP, temporary modifications of minimum flow releases in bypassed stream reaches, generation
releases, Tainter gate releases for recreation and the lake level operating range are allowed. Except for an
outage of the Whiteoak Creek Penstock or Diversion Dam or a stuck-open Tainter gate on Nantahala Dam,
40 lowering levels of Nantahala Lake caused by situations addressed under the HPMEP will not invoke
implementation of this Low Inflow Protocol (LIP). Also, if the LIP has already been implemented at the time
that a situation covered by the HPMEP is initiated, the Licensee will typically suspend implementation of the
LIP until the HPMEP situation has been eliminated. The Licensee may however choose to continue with the
LIP if desirable.
21. Organizational abbreviations include the NC Division of Water Resources (NCDWR), NC Wildlife Resources
Commission (NCWRC), United States Forest Service (USFS), United States Fish & Wildlife Service
(USFWS), American Whitewater Affiliation (AW), United States Geological Survey (USGS) and the
Nantahala Gorge Association (NGA).
22. Safety and Electric System Integrity are of Utmost Importance - Nothing in this protocol will limit the
Licensee's ability to take any and all lawful actions necessary at its hydro projects to protect human health and
safety, protect its equipment from major damage and ensure the stability of the regional electric grid. It is
recognized that the Licensee may take the steps that are necessary to protect these things without prior
consultation or notification.
•
Attachment B. LIP for the Nantahala Project.doc
Rev.: DRAFT 10/15/03
Attachment B - Low Inflow Protocol (LIP) for the Nantahala Project
• Procedure
•
•
During low inflow periods as defined above, the Licensee will follow the protocol set forth below regarding
adjustments to generation amounts, minimum flow releases, Tainter gate releases from Nantahala Dam for
recreation, and minimum reservoir elevations and will make the adjustments set forth below on a weekly basis so as
to equitably allocate the impacts of reduced water availability:
Stage 1 Reductions:
1. Upon a determination by the Licensee that the reservoir elevation cannot be maintained at or above the Normal
Minimum Elevation for the time of year specified above, the Licensee will reduce minimum generation volume
to a lower amount (referred to as the Stage 1 Minimum Generation Volume and expressed in MWH/wk) as
determined below:
Period Normal Min.
Generation Volume
(MWH/wk) Stage 1 Min.
Generation Volume
(MWH/wk) % Reduction From
Normal Water Volume
Used
May 1- Feb 29 2324 2034 12.5
Mar 1 - Mar 31 1453 1162 20
Apr 1 - Apr 30 1743 1452 16.7
Note: The above reductions represent a one-hour per day reduction in generation from the normal schedules. This
reduction will be split equally between the Licensee's dispatch periods and the scheduled generation releases to
support downstream recreation. If any additional hours of generation releases were scheduled to support whitewater
races or other special events, then those uses will be required to use the modified releases as noted above. The
average water volume reduction for the 12-month period represented above is 13.2%.
2. At the same time, the Licensee will reduce the minimum flow release from Whiteoak Creek Diversion Dam to
a new flowrate (referred to as the Stage 1 Whiteoak Creek Diversion Dam Minimum Flow and expressed in
cfs) as determined below:
Attachment B. LIP for the Nantahala Project.doc
9
Rev.: DRAFT 10/15/03
Attachment B - Low Inflow Protocol (LIP) for the Nantahala Project
•
•
L
Period Normal Total Min. Normal Min. Flow Stage 1 Whiteoak % Reduction
Flows in the at Whiteoak Creek Creek Diversion From Normal
Bypassed Reaches Diversion Dam Dam Min. Flow Water Volume
(cfs) (cfs) (cfs) Used
Nov 1 - May 16 8 cfs or inflow to 6 12.5
31 Whiteoak Creek
Pond, whichever is
less
Jun 1 - Oct 31 24 8 cfs or inflow to 5 12.5
Whiteoak Creek
Pond, whichever is
less
3. At the same time, if recreation releases from the Nantahala Dam are scheduled during Stage 1 reductions, then
the releases will be reduced as noted below:
Tainter Gate Normally Scheduled Stage 1 Duration and % Reduction From
Release Duration and Target Target Flowrates (*) (hrs Normal Water
Flowrates (*) (hrs and cfs) and cfs) Volume Used
Spring Weekend Sat. - 6-hr release @ 250 cfs Sat. - 5-hr release @ 250 cfs 16.7
in April Sun. - 6-hr release@ 350 cfs Sun.- 5-hr release@ 350 cfs
Summertime 3-hr release @ 250 cfs 2-hr release @ 250 cfs 33.3
Afternoons
between June 15
and August 31
Fall Weekend Sat. - 7-hr release @ 300 cfs Sat. - 6-hr release @ 300 cfs 15.3
between Sun. - 5-hr release @ 425 cfs, Sun. - 4-hr release @ 425 cfs,
September 15 and 2-hr release @ 250 cfs 2-hr release @ 250 cfs
September 30
Note: * Target flowrates are just below the confluence of Whiteoak Creek and the Nantahala River.
Attachment B. LIP for the Nantahala Project.doc
10
Rev.: DRAFT 10115103
Attachment B - Low Inflow Protocol (LIP) for the Nantahala Project
4. At the same time, the Licensee will reduce the reservoir's Normal Minimum Elevation by three feet for the
• relevant time period as shown above. The newly modified minimum elevation is referred to as the Stage 1
Minimum Elevation. (Note: Three feet represents 11 % of the total 26.5-ft bandwidth provided by the Normal
Operating Range).
5. The Licensee will directly notify NCDWR, NCWRC, USFWS, USFS, the NGA President and the AW
representative when Stage 1 reductions are implemented. If additional generation releases were scheduled to
support whitewater races or other special events, the Licensee will include the event sponsor in this direct
notification. The Licensee will endeavor in good faith to provide at least 24 hours advance notification.
6. The Licensee will update its website and telephone messages to account for the impacts of the above LIP on
schedules for generation and bypass recreational releases and lake levels.
Stage 2 Reductions
1. Upon a determination by the Licensee that the reservoir elevation cannot be maintained at or above the Stage 1
Minimum Elevation for the time of year specified above, the Licensee will reduce the minimum generation
volume to a lower amount (referred to as the Stage 2 Minimum Generation Volume and expressed in
MWH/wk) as determined below:
Period Normal Min.
Generation Volume
(MWH/wk) Stage 2 Min.
Generation Volume
(MWH/wk) % Reduction From
Normal Water Volume
Used
May 1 - Feb 29 2324 1743 25
Mar 1- Mar 31 1453 872 40
Apr 1 - Apr 30 1743 1162 33.4
Note: The above reductions represent a two-hour per day reduction in generation from the normal schedules. This
reduction will be split equally between the Licensee's dispatch periods and the scheduled generation releases to
support downstream recreation. If any additional hours of generation releases were scheduled to support whitewater
races or other special events, then those uses will be required to use the modified releases as noted above. The
average water volume reduction for the12-month period represented above is 26.4%.
Attachment B. LIP for the Nantahala Project.doc
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Attachment B - Low Inflow Protocol (LIP) for the Nantahala Project
2. At the same time, the Licensee will reduce the minimum flow release from Whiteoak Creek Diversion Dam to
is a new flowrate (referred to as the Stage 2 Whiteoak Creek Diversion Dam Minimum Flow and expressed in
cfs) as determined below:
Period Normal Total Min. Normal Min. Flow Stage 2 Whiteoak % Reduction
Flows in the at Whiteoak Creek Creek Diversion From Normal
Bypassed Reaches Diversion Dam Dam Min. Flow Water Volume
(cfs) (cfs) (cfs) Used
Nov 1 - May 16 8 cfs or inflow to 4 25.0
31 Whiteoak Creek
Pond, whichever is
less
Jun 1- Oct 31 24 8 cfs or inflow to 2 (*) 25.0
Whiteoak Creek
Pond, whichever is
less
Note: * 2 cfs is the Threshold Minimum Flow for this location.
3. At the same time, if recreation releases from the Nantahala Dam are scheduled during Stage 2 reductions, then
the releases will be reduced as noted below:
•
Attachment B. LIP for the Nantahala Project.doc
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Attachment B - Low Inflow Protocol (LIP) for the Nantahala Project
•
Tainter Gate Normally Scheduled Stage 2 Duration and % Reduction From
Release Duration and Target Target Flowrates (*) (hrs Normal Water
Flowrates (*) (hrs and cfs) and cfs) Volume Used
Spring Weekend Sat. - 6-hr release @ 250 cfs Sat. - 4-hr release @ 250 cfs 33.3
in April Sun. - 6-hr release@ 350 cfs Sun.- 4-hr release@ 350 cfs
Summertime 3-hr release @ 250 cfs 2-hr release @ 250 cfs 33.3
Afternoons
between June 15
and August 31
Fall Weekend Sat. - 7-hr release @ 300 cfs Sat. - 5-hr release @ 300 cfs 28.6
between Sun. - 5-hr release @ 425 cfs, Sun. - 3-hr release @ 425 cfs,
September 15 and 2-hr release @ 250 cfs 2-hr release @ 250 cfs
September 30
Notes: * Target flowrates are just below the confluence of Whiteoak Creek and the Nantahala River.
4. At the same time, the Licensee will reduce the reservoir's minimum elevation by an additional three feet (six
feet total below the Normal Minimum Elevation) for the relevant time period as shown above. The newly
modified minimum elevation is referred to as the Stage 2 Minimum Elevation. (Note: Six feet represents 23%
of the total 26.5-ft bandwidth provided by the Normal Operating Range).
5. The Licensee will directly notify the NGA President and the AW representative when Stage 2 reductions are
implemented. If additional generation releases were scheduled to support whitewater races or other special
events, the Licensee will include the event sponsor in this direct notification. If these Stage 2 reductions occur
in June through October, the Licensee will also notify the NCDWR, NCWRC, USFWS and the USFS that the
minimum flow from Whiteoak Creek Diversion Dam is at its Threshold Level. The Licensee will endeavor in
•
good faith to provide at least 24 hours advance notification.
6. The Licensee will update its website and telephone messages to account for the impacts of the above LIP on
schedules for generation and bypass recreational releases and lake levels.
Attachment B. LIP for the Nantahala Project.doc
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Attachment B - Low Inflow Protocol (LIP) for the Nantahala Project
Stage 3 Reductions
• 1. Upon a determination by the Licensee that the reservoir elevation cannot be maintained at or above the Stage 2
Minimum Elevation for the time of year specified above, the Licensee will reduce the minimum generation
volume to a lower amount (referred to as the Stage 3 Minimum Generation Volume and expressed in
MWH/wk) as determined below:
Period Normal Min.
Generation Volume
(MWH/wk) Stage 3 Min.
Generation Volume
(MWH/wk) % Reduction From
Normal Water Volume
Used
May 1 - Feb 29 2324 1453 37.5
Mar 1 - Mar 31 1453 581 60
Apr 1 - Apr 30 1743 871 50.1
Note: The above reductions represent a three-hour per day reduction in generation from the normal schedules.
This reduction will be split equally between the Licensee's dispatch periods and the scheduled generation releases
to support downstream recreation. If any additional hours of generation releases were scheduled to support
whitewater races or other special events, then those uses will be required to use the modified releases as noted
above. The average water volume reduction for the 12-month period represented above is 39.5%.
2. At the same time, the Licensee will reduce the minimum flow release from Whiteoak Creek Diversion Dam to
its Threshold Minimum Flow value of 2 cfs or inflow to Whiteoak Creek Pond, whichever is less.
3. At the same time, the Licensee will reduce the minimum flow release from the spill valves located on the
Whiteoak Creek Penstock to a new combined flowrate (referred to as the Stage 3 Whiteoak Creek Penstock
Combined Valve Flow and expressed in cfs) as determined below:
•
Attachment B. LIP for the Nantahala Project.doc
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Attachment B - Low Inflow Protocol (LIP) for the Nantahala Project
•
•
Period Normal Total Min. Normal Combined Stage 3 Whiteoak % Reduction
Flows in the Min. Flow From Creek Penstock From Normal
Bypassed Reaches the Whiteoak Combined Valve Water Volume
(cfs) Creek Penstock Flow (cfs) Used (*)
Spill Valves (cfs)
Nov 1 - May 16 8 8 37.5
31
Jun 1- Oct 31 24 16 13 37.5
Notes: * % reductions include the 6 cfs minimum flow reduction implemented at Whiteoak Creek Diversion Dam.
4. At the same time, if recreation releases from the Nantahala Dam are scheduled during Stage 3 reductions, then
the releases will be reduced as noted below:
Tainter Gate Normally Scheduled Stage 3 Duration and % Reduction From
Release Duration and Target Target Flowrates (*) (hrs Normal Water
Flowrates (*) (hrs and cfs) and cfs) Volume Used
Spring Weekend Sat. - 6-hr release @ 250 cfs Sat. - 3-hr release @ 250 cfs 50
in April Sun. - 6-hr release@ 350 cfs Sun.- 3-hr release@ 350 cfs
Summertime 3-hr release @ 250 cfs 2-hr release @ 175 cfs (**) 46.7
Afternoons
between June 15
and August 31
Fall Weekend Sat. - 7-hr release @ 300 cfs Sat. - 4-hr release @ 300 cfs 46.0
between Sun. - 5-hr release @ 425 cfs, Sun. - 2-hr release @ 425 cfs,
September 15 and 2-hr release @ 250 cfs 2-hr release @ 250 cfs
September 30
Notes: * Target flowrates are just below the confluence of Whiteoak Creek and the Nantahala River.
** The Threshold Bypass Whitewater Recreation Release is 2-hr @ 175 cfs.
5. At the same time, the Licensee will reduce the reservoir's minimum elevation by an additional three feet (nine
feet total below the Normal Minimum Elevation) for the relevant time period as shown above. The newly
Attachment B. LIP for the Nantahala Project.doc
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Attachment B - Low Inflow Protocol (LIP) for the Nantahala Project
•
modified minimum elevation is referred to as the Stage 3 Minimum Elevation. (Note: Nine feet represents 34%
of the total 26.5-ft bandwidth provided by the Normal Operating Range).
6. The Licensee will directly notify the NGA President and the AW representative when Stage 3 reductions are
implemented. If additional generation releases were scheduled to support whitewater races or other special
events, the Licensee will include the event sponsor in this direct notification. The Licensee will also notify the
NCDWR, NCWRC, USFWS and the USFS of these Stage 3 reductions and that the minimum flow from
Whiteoak Creek Diversion Dam is at its Threshold Level. The Licensee will endeavor in good faith to provide
at least 24 hours advance notification.
•
7. The Licensee will update its website and telephone messages to account for the impacts of the above LIP on
schedules for generation and bypass recreational releases and lake levels.
State 4 Reductions
1. Upon a determination by the Licensee that the reservoir elevation cannot be maintained at or above the Stage 3
Minimum Elevation for the time of year specified above, the Licensee will reduce the minimum generation
volume to a lower amount (referred to as the Stage 4 Minimum Generation Volume and expressed in
MWH/wk) as determined below:
Period Normal Min.
Generation Volume
(MWH/wk) Stage 4 Min.
Generation Volume
(MWH/wk) % Reduction From
Normal Water Volume
Used
May 1 - Feb 29 2324 1162 50
Mar 1 - Mar 31 1453 290 80
Apr I - Apr 30 743 580 66.8
Note: The above reductions represent a four-hour per day reduction in generation from the normal schedules. This
reduction will be split equally between the Licensee's dispatch periods and the scheduled generation releases to
support downstream recreation. If any additional hours of generation releases were scheduled to support whitewater
races or other special events, then those uses will be required to use the modified releases as noted above. The
average water volume reduction for the 12-month period represented above is 52.8%.
Attachment B. LIP for the Nantahala Project.doc
16
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Attachment B - Low Inflow Protocol (LIP) for the Nantahala Project
is
•
•
2. At the same time, the Licensee will maintain the minimum flow release from Whiteoak Creek Diversion Dam
at its Threshold Minimum Flow value of 2 cfs or inflow to Whiteoak Creek Pond, whichever is less. (Note:
This is the same as the Stage 3 Whiteoak Creek Diversion Dam Minimum Flow).
3. At the same time, the Licensee will reduce the minimum flow release from the spill valves located on the
Whiteoak Creek Penstock to a new combined flowrate (referred to as the Stage 4 Whiteoak Creek Penstock
Combined Valve Flow and expressed in cfs) as determined below:
Period Normal Total Min. Normal Combined Stage 4 Whiteoak % Reduction
Flows in the Min. Flow From Creek Penstock From Normal
Bypassed Reaches the Whiteoak Combined Valve Water Volume
(cfs) Creek Penstock Flow (cfs) Used (*)
Spill Valves (cfs)
Nov 1 - May 16 8 6 50.0
31
Jun 1 - Oct 31 24 16 9 54.2
Notes: * % reductions include the 6 cfs minimum flow reduction implemented at Whiteoak Creek Diversion Dam.
4. At the same time, if recreation releases from the Nantahala Dam are scheduled during Stage 4 reductions, then
the releases will be reduced as noted below:
Attachment B. LIP for the Nantahala Project.doc
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Attachment B - Low Inflow Protocol (LIP) for the Nantahala Project
r?
Tainter Gate Normally Scheduled Stage 4 Duration and % Reduction From
Release Duration and Target Target Flowrates (*) (hrs Normal Water
Flowrates (*) (hrs and cfs) and cfs) Volume Used
Spring Weekend Sat. - 6-hr release @ 250 cfs Sat. - 2-hr release @ 250 cfs 66.7
in April Sun. - 6-hr release@ 350 cfs Sun.- 2-hr release@ 350 cfs
Summertime 3-hr release @ 250 cfs 2-hr release @ 175 cfs (**) 46.7
Afternoons
between June 15
and August 31
Fall Weekend Sat. - 7-hr release @ 300 cfs Sat. - 3-hr release @ 300 cfs 55.6
between Sun. - 5-hr release @ 425 cfs, Sun. - 2-hr release @ 425 cfs,
September 15 and 2-hr release @ 250 cfs 2-hr release @ 175 cfs (**)
September 30
Notes: * Target flowrates are just below the confluence of Whiteoak Creek and the Nantahala River.
** The Threshold Bypass Whitewater Recreation Release is 2-hr @ 175 cfs.
0 5. At the same time, the Licensee will reduce the reservoir's minimum elevation by an additional three feet
(twelve feet total below the Normal Minimum Elevation) for the relevant time period as shown above. The
newly modified minimum elevation is referred to as the Stage 4 Minimum Elevation. (Note: Twelve feet
represents 45% of the total 26.5-ft bandwidth provided by the Normal Operating Range).
6. The Licensee will directly notify the NGA President and the AW representative when Stage 4 reductions are
implemented. If additional generation releases were scheduled to support whitewater races or other special
events, the Licensee will include the event sponsor in this direct notification. The Licensee will endeavor in
good faith to provide at least 24 hours advance notification.
7. The Licensee will update its website and telephone messages to account for the impacts of the above LIP on
schedules for generation and bypass recreational releases and lake levels.
State 5 Reductions
1. Upon a determination by the Licensee that the reservoir elevation cannot be maintained at or above the Stage 4
• Minimum Elevation for the time of year specified above, the Licensee will reduce the minimum generation
Attachment B. LIP for the Nantahala Project.doc
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Attachment B - Low Inflow Protocol (LIP) for the Nantahala Project
volume to a lower amount (referred to as the Stage 5 Minimum Generation Volume and expressed in
• MWH/wk) as determined below:
Period Normal Min.
Generation Volume
(MWH/wk) Stage 5 Min.
Generation Volume
(MWH/wk) % Reduction From
Normal Water Volume
Used
May 1 - Feb 29 2324 872 62.5
Mar 1 - Mar 31 1453 290 80
Apr 1 - Apr 30 1743 290 83.4
Note: The above reductions represent a five-hour per day reduction in generation from the normal schedules in
Apr - Feb, with only a four-hour reduction in Mar. March generation was kept at one hour per day to ensure some
continued generation and flow in the main stem of the river. These reductions will be split equally between the
Licensee's dispatch periods and the scheduled generation releases to support downstream recreation. If any
additional hours of generation releases were scheduled to support whitewater races or other special events, then
those uses will be required to use the modified releases as noted above. The average water volume reduction for
the12-month period represented above is 64.8°/x.
2. At the same time, the Licensee will maintain the minimum flow release from Whiteoak Creek Diversion Dam
at its Threshold Minimum Flow value of 2 cfs or inflow to Whiteoak Creek Pond, whichever is less. (Note:
This is the same as the Stage 3 Whiteoak Creek Diversion Dam Minimum Flow).
3. At the same time, the Licensee will reduce the minimum flow release from the spill valves located on the
Whiteoak Creek Penstock to a new combined flowrate (referred to as the Stage 5 Whiteoak Creek Penstock
Combined Valve Flow and expressed in cfs) as determined below:
•
Attachment B. LIP for the Nantahala Project.doc
19
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Attachment B - Low Inflow Protocol (LIP) for the Nantahala Project
•
Period Normal Total Min. Normal Combined Stage 5 Whiteoak % Reduction
Flows in the Min. Flow From Creek Penstock From Normal
Bypassed Reaches the Whiteoak Combined Valve Water Volume
(cfs) Creek Penstock Flow (cfs) Used O
Spill Valves (cfs)
Nov 1 - May 16 8 4 62.5
31
Jun 1 - Oct 31 24 16 6 66.7
Notes: * % reductions include the 6 cfs minimum flow reduction implemented at Whiteoak Creek Diversion Dam.
4. At the same time, if recreation releases from the Nantahala Dam are scheduled during Stage 5 reductions, then
the releases will be reduced as noted below:
•
Tainter Gate Normally Scheduled Stage 5 Duration and % Reduction From
Release Duration and Target Target Flowrates (*) (hrs Normal Water
Flowrates (*) (hrs and cfs) and cfs) Volume Used
Spring Weekend Sat. - 6-hr release @ 250 cfs Sat. - 4-hr release @ 175 cfs 80.6
in April Sun. - 6-hr release@ 350 cfs (**)
Sun. - No release.
Summertime 3-hr release @ 250 cfs 2-hr release @ 175 cfs (**) 46.7
Afternoons
between June 15
and August 31
Fall Weekend Sat. - 7-hr release @ 300 cfs Sat. - 4-hr release @ 175 cfs 85.2
between Sun. - 5-hr release @ 425 cfs, (**)
September 15 and 2-hr release @ 250 cfs Sun. - No release.
September 30
Notes: * Target flowrates are just below the confluence of Whiteoak Creek and the Nantahala River.
** The Threshold Bypass Whitewater Recreation Release is 2-hr @ 175 cfs.
0
Attachment B. LIP for the Nantahala Project.doc
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Attachment B - Low Inflow Protocol (LIP) for the Nantahala Project
5. At the same time, the Licensee will reduce the reservoir's minimum elevation by an additional three feet
• (fifteen feet total below the Normal Minimum Elevation) for the relevant time period as shown above. The
newly modified minimum elevation is referred to as the Stage 5 Minimum Elevation. (Note: Fifteen feet
represents 57% of the total 26.5-ft bandwidth provided by the Normal Operating Range).
6. The Licensee will directly notify the NGA President and the AW representative when Stage 5 reductions are
implemented. If additional generation releases were scheduled to support whitewater races or other special
events, the Licensee will include the event sponsor in this direct notification. The Licensee will endeavor in
good faith to provide at least 24 hours advance notification.
7. The Licensee will update its website and telephone messages to account for the impacts of the above LIP on
schedules for generation and bypass recreational releases and lake levels.
Stage 6 Reductions and Beyond
1. Upon a determination by the Licensee that the reservoir elevation cannot be maintained at or above the Stage 5
Minimum Elevation, the Licensee will continue with the conditions as established by the Stage 5 reductions,
except for Stage 6 and beyond:
a. All Tainter gate releases for whitewater recreation in the Nantahala River Bypassed Reach are cancelled
b. The Whiteoak Creek Penstock Combined Valve Flow will be maintained at the Threshold Minimum Flow
of 2 cfs (November 1 through May 31) or 5 cfs (June I through October 31)
c. The minimum generation volume for the May 1 through February 29 period will be reduced by an
additional hour per day for each stage until it reaches 290 MWH/wk (i.e. one hour per day of generation,
seven days per week). This reduction will be split equally between the Licensee's dispatch periods and the
scheduled generation releases to support downstream recreation.
d. The minimum lake elevation will be reduced by an additional three feet for each stage.
2. Once the minimum generation volume has been reduced to one hour per day, seven days a week for all parts of
the year (i.e. 290 MWH/wk), all recreation releases in the Nantahala River Bypassed Reach have been
cancelled and all minimum flows are being maintained at their Threshold Minimum Flow values, the minimum
lake elevation requirement will no longer apply.
•
Attachment B. LIP for the Nantahala Project.doc
21
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Attachment B - Low Inflow Protocol (LIP) for the Nantahala Project
3. The Licensee will directly notify the NGA President and the AW representative when Stage 6 reductions and
• each successive stage reductions are implemented. If additional generation releases were scheduled to support
whitewater races or other special events, the Licensee will include the event sponsor in this direct notification.
When the Threshold Minimum Flow values are reached for the Whiteoak Creek Penstock Combined Valve
Flow (i.e. 2 cfs (November I through May 31) or 5 cfs (June 1 through October 31)), the Licensee will also
notify the NCDWR, NCWRC, USFWS and the USFS of the reductions and that the minimum flow from the
Whiteoak Creek Penstock Combined Valve Flow is at its Threshold Level. The Licensee will endeavor in good
faith to provide at least 24 hours advance notification.
4. The Licensee will update its website and telephone messages to account for the impacts of the above LIP on
schedules for generation and bypass recreational releases and lake levels.
Recovery from the Low Inflow Protocol
1. When inflows have increased to a point where the Licensee can maintain lake level above the minimum
elevation established in the previous stage reduction, operation of the project can begin transitioning out of the
LIP. The transitioning procedure will follow the stage reductions outlined above in reverse order (i.e. "stage
• increases" going from the last stage achieved back toward Stage 1 and then finally returning to normal
operation).
2. The Licensee will directly notify the NGA President and the AW representative as the LIP stages are
transitioned. If additional generation releases were scheduled to support whitewater races or other special
events, the Licensee will include the event sponsor in this direct notification. The Licensee will endeavor in
good faith to provide at least 24 hours advance notification.
3. The Licensee will directly notify the NCDWR, NCWRC, USFWS, USFS, the NGA President and the AW
representative when lake levels have been restored to within the Normal Operating Range with a normal
generation schedule, normal minimum flows in the bypassed reaches and a normal schedule for Tainter gate
releases to support whitewater boating in the Nantahala River Bypassed Reach. If additional generation releases
were scheduled to support whitewater races or other special events, the Licensee will include the event sponsor
in this direct notification.
4. The Licensee will update its website and telephone messages to account for the impacts of the above LIP on
schedules for generation and bypass recreational releases and lake levels.
Attachment B. LIP for the Nantahala Project.doc
22 Rev.: DRAFT 10/15/03
r ?
U
•
•
Attachment B - Low Inflow Protocol (LIP) for the Nantahala Project
Attachment B. LIP for the Nantahala Project.doc
23
Rev.: DRAFT 10/15/03
Attachment B - Low Inflow Protocol (LIP) for the West Fork and East Fork Projects
• Introduction
This Low Inflow Protocol (LIP) provides trigger points and procedures for how the East Fork Project (FERC
# 2698) and West Fork Project (FERC # 2686) will be operated by the Licensee during periods of low inflow
(i.e. periods when there is not enough water flowing into East Fork and West Fork project reservoirs to meet
the normal needs for power generation, recreation flows, minimum flows, any on-reservoir water
withdrawals and lake level maintenance). The protocol was developed on the basis that all parties with
interests in water quantity will share the impact of low inflow.
In general during periods of normal inflow, the Licensee will provide at least a prescribed number of hours
per day of generation to support electric customer needs and the downstream flow needs in the main stem of
the Tuckasegee River (typically during different periods each day), in addition to providing minimum flows
in the Wolf Creek Bypassed Reach, scheduled Tainter gate releases from Glenville Dam for recreation and
maintaining lake levels above certain prescribed minimum levels. During low inflow periods when the
Licensee cannot meet all of the above conditions, it will reduce generation weekly by a prescribed amount
per day during generation and/or recreation periods, along with corresponding weekly reductions in bypass
flows, Tainter gate releases for recreation and minimum reservoir levels. In addition, any large (i.e. greater
than or equal to one Million Gallons per Day (MGD) maximum instantaneous capacity) water intakes that
are authorized on the East Fork or West Fork project reservoirs in the future will also have a reduction
protocol incorporated into the easement documents that the Licensee uses to approve of such intakes. The
incremental reduction of all water demands on the system will continue until inflows are restored to a point
where the East Fork and West Fork lake levels return to their Normal Operating Ranges.
Key Facts and Assumptions
1. Minimum Flows in Bypassed Stream Reaches - Assume the new license for the East Fork Project will
include the following normal requirements for minimum releases from hydro project works into
bypassed stream reaches to enhance water quality and/or aquatic species habitat:
a. Wolf Creek Bypassed Reach - 6 cfs continuous release from a valve to be installed at Wolf Creek
Dam.
L J
Attachment B. LIP for the WF and EF Projects.doc
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Attachment B - Low Inflow Protocol (LIP) for the West Fork and East Fork Projects
18 2. Minimum Flows in the Tuckasegee River Main Stem - Assume that the new licenses for the East Fork
and West Fork projects will include the following minimum flow requirements for the main stem of the
Tuckasegee River:
a. 30 cfs combined minimum flow from December 1 through June 30 (assuming inflow to Tuckasegee
Lake is greater than or equal to 20 cfs) and provided by the same means as the existing provision:
1) Continue existing minimum flow at Tuckasegee (20 cfs or inflow, whichever is less).
2) Continue existing minimum flow at Cedar Cliff (10 cfs from a valve at the hydro station during
non-generation hours only).
b. 55 cfs combined minimum flow from July 1 through November 30 (assuming inflow to Tuckasegee
Lake is greater than or equal to 20 cfs) and provided by:
1) Continue existing minimum flow at Tuckasegee (20 cfs or inflow, whichever is less).
2) Increasing the valve capacity at Cedar Cliff to 35 cfs. When Cedar Cliff is generating, the valve
is turned off.
3. Generation Releases for Angling and Boating Recreation Flows - Assume the new licenses for the East
Fork and West Fork projects will include the following Normal Generation Schedule to Support
Recreation on the main stem of the Tuckasgee River from the Cedar Cliff and Thorpe / Tuckasegee
Powerhouses, with all releases being at or above the Best Efficiency Flows for the subject hydro units:
a. Primary Angling Periods
1) Defined - The first weekend after Labor Day through the last weekend of October and April 1 st
through the first weekend of June are defined as primary angling periods with actual flows at or
below about 500 cfs being preferred (as measured at the reactivated or replaced USGS gage at
Dillsboro).
2) During part of this time period, boating release schedules overlap. During this overlap period
(the Saturday that occurs nine days before Memorial Day through the first weekend of June and
Saturdays in September and October) the Normal Generation Schedule to Support Recreation
• will be:
Attachment B. LIP for the WF and EF Projects.doc
2 Rev.: DRAFT 10115103
Attachment B - Low Inflow Protocol (LIP) for the West Fork and East Fork Projects
• a) West Fork Release: Saturday and Sunday one week prior to Memorial Day Weekend,
Saturday and Monday of Memorial Day Weekend and three of four Saturdays in September
and October plus Tuesday, Friday Saturday for the period between Memorial Day Weekend
through the first weekend in June for six hours, timed to arrive at the reactivated or replaced
USGS gage at Dillsboro at approximately 10:30 AM.
b) East Fork Release: Sunday of Memorial Day Weekend plus Wednesday, Thursday and
Sunday for the period between Memorial Day Weekend to the first weekend in June and 1 of
four Saturdays in September and October for six hours, timed to arrive at the reactivated or
replaced USGS gage at Dillsboro at approximately 10:30 AM.
b. Primary Boating Periods
1) Defined - Period after the first weekend of June through Labor Day, with actual flows at about
800 cfs (as measured at the reactivated or replaced USGS gage at Dillsboro) being preferred.
0 2) During this time period, the Normal Generation Schedule to Support Recreation for three out of
four weeks will be:
a) West Fork Release: Tuesday, Friday, Sunday for six hours, timed to arrive at the reactivated
or replaced USGS gage at Dillsboro at approximately 10:30 AM.
b) East Fork Release: Wednesday, Thursday, Saturday plus the Monday of Labor Day
Weekend for six hours, timed to arrive at the reactivated or replaced USGS gage at Dillsboro
at approximately 10:30 AM.
3) During this time period, the Normal Generation Schedule to Support Recreation for one out of
four weeks will be:
a) West Fork Release: Tuesday, Friday, Saturday for six hours, timed to arrive at the
reactivated or replaced USGS gage at Dillsboro at approximately 10:30 AM.
•
Attachment B. LIP for the WF and EF Projects. doe
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Attachment B - Low Inflow Protocol (LIP) for the West Fork and East Fork Projects
b) East Fork Release: Wednesday, Thursday, Sunday for six hours, timed to arrive at the
reactivated or replaced USGS gage at Dillsboro at approximately 10:30 AM.
c. Adjusting for Significant Baseline Flows - DPNA will check the river flow daily at the reactivated
Dillsboro USGS Gage #03510500 (or a suitable replacement gage in this vicinity as determined by
USGS) and by doing so, DPNA can project the expected river flow at the Dillsboro Gage during the
next scheduled generation release to support recreation. When projected baseline river flow (i.e. the
flow rate at the Dillsboro USGS gage without DPNA making the scheduled generation release to
support recreation) is expected to average more than 500 cfs over the period from 10:30 AM to 4:30
PM, specific recreation flow releases from the DPNA hydropower stations can be reduced or
stopped.
•
4. Bypass Flow Releases for Recreation - Assume the new license for the West Fork Project will include
requirements for the following scheduled releases from Glenville Dam into the West Fork (Glenville)
Bypassed Reach to enhance downstream recreation:
a. Release water for six hours per day for one weekend (Saturday and Sunday) per year in April. Target
flowrate will be approximately 250 cfs each day and will begin at 10:00 AM.
b. Provide five total afternoon releases perms for six hrs each, scheduled on days in the months of
May through September. Target flowrate will be approximately 250 cfs each day and will begin at
10:00 AM.
c. Target Flowrates - The target flowrates stated above are for flowrates at the put-in point. Actual
release amounts from the Tainter gate need to be large enough that when combined with other
tributary and accretion flows, the total is as close as possible to the target flowrates.
5. Normal Full Pond Elevation - also referred to simply as "full pond", this is the level of a reservoir that
corresponds to the point at which water would first begin to spill from the reservoir's dam(s) if the
Licensee took no action. This level corresponds to the lowest point along the top of the spillway
(including any fuse plugs or flashboards) for reservoirs without flood gates and to the lowest point along
the top of the flood gates for reservoirs that have them. To avoid confusion among the many reservoirs
the Licensee operates, it has adopted the practice of referring to the Normal Full Pond Elevation for all of
its reservoirs as equal to 100.0 ft relative. The Normal Full Pond Elevations for East Fork and West Fork
Project reservoirs are:
Attachment B. LIP for the WF and EF Projects.doc
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Attachment B - Low Inflow Protocol (LIP) for the West Fork and East Fork Projects
•
Hydro Project
Reservoir Normal Full Pond Elevation
(Ft above Mean Sea Level)
East Fork Wolf Creek 3080.0
Tanasee Creek 3080.0
Bear Creek 2560.0
Cedar Cliff 2330.0
West Fork Glenville 3491.75
Tuckasegee 2278.75
6. Normal Minimum Elevation - the level of a reservoir (measured in ft above Mean Sea Level (msl) or
feet relative to the full pond contour with 100.0 ft corresponding to full pond) that defines the bottom
of the reservoir's Normal Operating Range for a given day of the year. If inflows and outflows to the
reservoir are kept within some reasonable tolerance of the average or expected amounts, hydro
project equipment is operating properly and no protocols for abnormal conditions have been
implemented, reservoir level excursions below the Normal Minimum Elevation should not occur.
7. Normal Maximum Elevation - the level of a reservoir (measured in ft above Mean Sea Level (msl)
or feet relative to the full pond contour with 100.0 ft corresponding to full pond) that defines the top
of the reservoir's Normal Operating Range for a given day of the year. If inflows and outflows to the
reservoir are kept within some reasonable tolerance of the average or expected amounts, hydro
project equipment is operating properly and no protocols for abnormal conditions have been
implemented, reservoir level excursions above the Normal Maximum Elevation should not occur.
(Note: See Item 16 below for special drought storage considerations).
8. Normal Target Elevation - the level of a reservoir (measured in ft above Mean Sea Level (msl) or
feet relative to the full pond contour with 100.0 ft corresponding to full pond) that the Licensee will
endeavor in good faith to achieve, unless operating in the Low Inflow or Hydro Project Maintenance
& Emergency Protocol. The Normal Target Elevation will fall within the Normal Operating Range,
but it may not always be the average of the Normal Minimum and Normal Maximum Elevations.
9. Normal Operating Range for Lake Levels - the band of reservoir levels within which the Licensee
• normally attempts to maintain a given reservoir that it operates on a given day. Each reservoir has its
Attachment B. LIP for the WF and EF Projects. doc
Rev.: DRAFT 10/15/03
Attachment B - Low Inflow Protocol (LIP) for the West Fork and East Fork Projects
• own specific Normal Operating Range, and that range is bounded by a Normal Maximum Elevation
and a Normal Minimum Elevation. If inflows and outflows to the reservoir are kept within some
reasonable tolerance of the average or expected amounts, hydro project equipment is operating
properly and no protocols for abnormal conditions have been implemented, reservoir level
excursions outside of the Normal Operating Range should not occur. (Note: See Item 16 below for
special drought storage considerations). Assume the new licenses for the East Fork and West Fork
Projects will include requirements for the following Normal Operating Ranges (Note: All lake levels
are for the first day of the month. Levels for other days of the month can be determined by linear
interpolation):
a. Lake Glenville - Maintain the following Normal Operating Range:
•
Month Normal
Minimum
Elevation ft Normal Target
Elevation (ft) Normal
Maximum
Elevation ft
Jan 85 90 94
Feb 85 90 94
Mar 88 91 94
Apr 90 93 96
May 95 97 99
Jun 95 97 99
Jul 95 97 99
Au 93 95 98
Se 90 93 94
Oct 90 93 94
Nov 86 90 94
Dec 85 90 94
Attachment B. LIP for the WF and EF Projects.doc
6 Rev.: DRAFT 10/15/03
Attachment B - Low Inflow Protocol (LIP) for the West Fork and East Fork Projects
• b. Tanasee Creek & Wolf Creek Lakes - Maintain the following Normal Operating Range:
Month Normal
Minimum
Elevation (ft)
Normal Target
Elevation (ft) Normal
Maximum
Elevation (ft)
Jan 83 85 92
Feb 83 85 92
Mar 83 85 92
Apr 86 88 96
May 90 93 100
Jun 90 93 100
Jul 90 93 100
Au 90 93 100
Se 90 93 100
Oct 90 93 100
Nov 86 88 96
Dec 83 85 92
c. Bear Creek Lake - Maintain the following Normal Operating Range:
•
•
Month Normal
Minimum
Elevation (ft)
Normal Target
Elevation (ft) Normal
Maximum
Elevation (ft)
Jan 91 93 98
Feb 91 93 98
Mar 91 93 98
Apr 92 95 98
May 92 98 100
Jun 92 98 100
Jul 92 98 100
Au 92 98 100
Se 92 98 100
Oct 92 96 98
Nov 92 95 98
Dec 92 94 98
Attachment B. LIP for the WF and EF Projects. doc
7 Rev.: DRAFT 10/15/03
Attachment B - Low Inflow Protocol (LIP) for the West Fork and East Fork Projects
•
d. Cedar Cliff Lake - Maintain the following Normal Operating Range:
Month Normal
Minimum
Elevation (ft)
Normal Target
Elevation (ft) Normal
Maximum
Elevation (ft)
Jan 96 98 100
Feb 96 98 100
Mar 96 98 100
Apr 96 98 100
May 96 98 100
Jun 96 98 100
Jul 96 98 100
Au 96 98 100
Se 96 98 100
Oct 96 98 100
Nov 96 98 100
Dec 96 98 100
e. Tuckasegee Lake - Maintain lake level as needed to provide minimum flow.
10. Net inflow - The cumulative inflow into a reservoir, usually expressed in ac-ft per week or ac-ft per
month that is available for generation of hydroelectricity or for supplying non-generation water demands.
Net inflow is the sum of tributary stream flow, groundwater runoff, precipitation falling on the reservoir
surface, surface runoff and point-source discharge flows, less the sum of net on-reservoir water
withdrawals, groundwater recharge and evaporation.
11. Normal Minimum Generation Volume - the minimum amount of net inflow, expressed in ac-ft per
month, ac-ft per week or MWH of electric generation per week that is normally reserved in a hydro
reservoir for release through the hydro turbines, producing hydroelectricity. For purposes of this low
inflow protocol, the following are the Normal Minimum Generation Volumes for the East Fork and West
Fork projects combined:
•
Attachment B. LIP for the WF and EF Projects.doc
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Attachment B - Low Inflow Protocol (LIP) for the West Fork and East Fork Projects
1 7-?
Normal Minimum Generation Volume for
East Fork and West Fork Projects
Period
Combined
(MWH / week)
Nov-Apr 893
May First two weeks only) 893
May (Week before Memorial
Da only) 1158
May - Jun (Week after
Memorial Da only) 1360
Jun-Au 1897
Sep (Labor Day through next
Saturday) 1228
Se 2nd and 3rd weeks only) 1025
Se (4th week only) 1095
Oct First three weeks only) 1025
Oct (4th week only) 1095
Note: The above Normal Minimum Generation Volumes include both the energy produced by the
hydro turbines during generation releases to support downstream recreation as well as energy
produced during other periods of unit dispatch to meet the Licensee's electric customers' needs. To
the maximum practical extent, when the weekly minimum generation volumes are reduced in the
LIP, the reductions will be shared equally between the MWH/week that are reserved to make
generation releases to support downstream recreation and generation releases (i.e. dispatch) to
support electric customers' needs.
12. Threshold Minimum Flows - the minimum flow release amounts from hydro project works that may
be necessary to sustain aquatic communities consistent with the resource management goals and
objectives for the affected stream reaches. Since the normal minimum flow releases are for water
quality and / or aquatic species habitat enhancements, the Threshold Minimum Flows are related to
and lower than the normal minimum flow releases required by the FERC license. For the purposes of
this protocol, it is assumed that the Threshold Minimum Flows are as follows:
a. Wolf Creek Bypassed Reach - 2 cfs or inflow into Wolf Creek Lake, whichever is less, released
from Wolf Creek Dam into the Wolf Creek Bypassed Reach.
•
Attachment B. LIP for the WF and EF Projects.doc
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Attachment B - Low Inflow Protocol (LIP) for the West Fork and East Fork Projects
•
b. Main Stem of the Tuckasegee River - the normal minimum flow provided from Tuckasegee
Dam (i.e. 20 cfs or inflow into Tuckasegee Lake, whichever is less) plus the following minimum
flows provided from the Cedar Cliff Spill Valve during periods of non-generation from Cedar
Cliff Hydro Station:
1) From December 1 through June 30 - 6 cfs
2) From July 1 through November 30 - 11 cfs.
13. Simultaneous Reductions of Minimum Flows - when making reductions in minimum flows, the Licensee
will make simultaneous reductions in the Wolf Creek Bypassed Reach and on the main stem with each
stage of the Low Inflow Protocol.
•
E
14. Normal Minimum Non-Generation Volume - the minimum amount of net inflow, usually expressed in
ac-ft per month or ac-ft per week that is normally reserved in a hydro reservoir to account for the portion
of net inflow that leaves the reservoir without producing hydroelectricity. Examples include leakage
from the main dam(s), diversion dam(s), penstock(s) or hydro turbine(s) into surface water; releases from
flood, sluice and trash gates; and releases from minimum flow devices.
15. Low inflow period - any period when net inflow to a reservoir is not sufficient to maintain the reservoir's
elevation above the Normal Minimum Elevation, while still providing the Normal Minimum Generation
Volume, and the Normal Minimum Non-Generation Volume.
16. Drought Storage Considerations - the Licensee will be allowed to raise the reservoirs to levels above the
Normal Maximum Elevation when water is available during periods of extended drought.
17. Threshold Bypass Whitewater Recreation Release - the duration and target flowrate below which Tainter
gate releases in the bypassed reach to support whitewater boating can no longer achieve their intended
purpose due to very short run times or too much contact with the riverbed. For the purpose of this
protocol, the Threshold Bypass Whitewater Recreation Release is 200 cfs (target flowrate at the put-in
point) for two hours duration. If there is a 2-hr release planned for each of two consecutive days, then it's
preferable to have a single 4-hr release than two, 2-hr releases.
Attachment B. LIP for the WF and EF Projects.doc
10
Rev.: DRAFT 10/15/03
Attachment B - Low Inflow Protocol (LIP) for the West Fork and East Fork Projects
0 18. Important Lake Levels for Tainter Gate and Minimum Flow O erp ation - Lake levels could possibly be
lowered to the point where lake level is below the levels needed to allow bypass flows for recreation
purposes or minimum flows. The important lake levels for these uses are:
•
Hydro Project Lake Relative Elevation of Relative Elevation at
the Tainter Gate Sill Which Normal
(ft with 100.0 = full Minimum Flow Device
pond) No Longer Works (ft
with 100.0 = full pond)
East Fork Wolf Creek / Tanasee 81.0 81.0 (assumed)
Creek
Bear Creek 75.0 N/A
Cedar Cliff 75.0 N/A
West Fork Glenville 88.5 N/A
Tuckasegee 97.0 (flashboards and 97.0
trash sluice gate)
19. Relative Storage Amounts Available - The following are the approximate surface areas and storage
amounts available in each lake:
•
Hydro Project Lake Relative Elevation
(ft) Lake Surface
Area
(ac) Storage Volume
(ac-ft)
East Fork Wolf Creek /
Tanasee Creek 100.0 223 11,407
81.0 144 7600
Bear Creek 100.0 476 34,715
75.0 385 23,620
Cedar Cliff 100.0 121 6319
75.0 79 3742
West Fork Glenville 100.0 1462 72,000
88.5 12, 55,600
Attachment B. LIP for the WF and EF Projects.doc
11 Rev.: DRAFT 10/15/03
Attachment B - Low Inflow Protocol (LIP) for the West Fork and East Fork Projects
•
Hydro Project Lake Relative Elevation Lake Surface Storage Volume
(ft) Area (ac-ft)
(ac)
Tuckasegee 100.0 8 35
97.0 - 15
Notes:
a. Cedar Cliff Lake and Tuckasegee Lake have limited storage and the amount of water in the
reservoirs changes very quickly, depending on operation of the upstream hydro station.
Therefore, these two reservoirs do not provide reliable storage.
b. Lake Glenville has roughly twice the storage volume per foot of lake depth as do Wolf
Creek Lake, Tanasee Creek Lake and Bear Creek Lake combined. Therefore, lake level
reduction increments of two ft for the larger East Fork reservoirs and one foot for West Fork
(Lake Glenville) are appropriate.
0 20. Priority of Reducing Tainter Gate Releases for Whitewater Recreation - when making reductions in
Tainter gate releases for whitewater recreation in the West Fork (Glenville) Bypassed Reach, the
duration of the release should be reduced first until it reaches the above stated threshold duration, then
the target flowrates should be reduced until the threshold flowrate is reached.
21. Relationship Between this Protocol and the Hydro Project Maintenance & Emergency Protocol
HPMEP - The HPMEP outlines the general approach the Licensee will take under certain emergency
and equipment failure and maintenance situations to continue practical and safe operation of the hydro
project, to mitigate any related impacts to license conditions and to communicate with resource agencies
and the affected parties. Under the HPMEP, temporary modifications of minimum flow releases in
bypassed stream reaches, generation releases, Tainter gate releases for recreation and the lake level
operating range are allowed. Lowering levels of East Fork and West Fork reservoirs caused by situations
addressed under the HPMEP will not invoke implementation of this Low Inflow Protocol (LIP). Also, if
the LIP has already been implemented at the time that a situation covered by the HPMEP is initiated, the
Licensee will typically suspend implementation of the LIP until the HPMEP situation has been
eliminated. The Licensee may however choose to continue with the LIP if desirable.
•
Attachment B. LIP for the WF and EF Projects.doc
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Attachment B - Low Inflow Protocol (LIP) for the West Fork and East Fork Projects
0 22. Organizational abbreviations include the NC Division of Water Resources (NCDWR), NC Wildlife
Resources Commission (NCWRC), United States Forest Service (USFS), United States Fish & Wildlife
Service (USFWS), the Tuckasegee Gorge Association (TGA), United States Geological Survey (USGS)
and the American Whitewater Affiliation (AW).
23. Safety and Electric System Integrity are of Utmost Importance - Nothing in this protocol will limit the
Licensee's ability to take any and all lawful actions necessary at its hydro projects to protect human
health and safety, protect its equipment from major damage and ensure the stability of the regional
electric grid. It is recognized that the Licensee may take the steps that are necessary to protect these
things without prior consultation or notification.
•
•
Attachment B. LIP for the WF and EF Projects.doc
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Attachment B - Low Inflow Protocol (LIP) for the West Fork and East Fork Projects
40 Procedure
•
•
During low inflow periods as defined above, the Licensee will follow the protocol set forth below regarding
adjustments to generation amounts, minimum flow releases, Tainter gate releases from the East Fork and
West Fork projects for recreation, and minimum reservoir elevations and will make the adjustments set forth
below on a weekly basis so as to equitably allocate the impacts of reduced water availability:
State 1 Reductions:
1. Upon a determination by the Licensee that the reservoir elevations for either (a) Lake Glenville, or
(b)Bear Creek Lake and Wolf Creek / Tanasee Creek lakes cannot be maintained at or above their
Normal Minimum Elevations for the time of year specified above, the Licensee will reduce the minimum
generation volume to a lower amount (referred to as the Stage 1 Minimum Generation Volume and
expressed in MWH/wk) as determined below:
Normal Min. Gen. Stage 1 Min. % Reduction From
Volume for East Generation Volume Normal Water Volume
Fork and West (MWH/wk) Used
Period
Fork Projects
Combined
(MWH / week)
Nov-Apr 893 781 12.5
May (First two weeks only) 893 781 12.5
May (Week before Memorial 11.5
1158 1024
Day only)
May - Jun (Week after 11. l
1360 1210
Memorial Day only)
Jun-Aug 1897 1702 10.3
Sep (Labor Day through next 11.4
1228 1088
Saturday)
Sep (2nd and 3rd weeks only) 1025 903 12.0
Sep (4th week only) 1095 967 11.7
Oct (First three weeks only) 1025 903 12.0
Oct (4th week only) 1095 967 11.7
Attachment B. LIP for the WF and EF Projects.doc
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Attachment B - Low Inflow Protocol (LIP) for the West Fork and East Fork Projects
• Note: The above reductions in generation from the normal schedules represent a''/z hour per day reduction
in hours of generation from each powerhouse for the Licensee's dispatch periods, except at Tennessee Creek,
where the reduction will be one hour per day. For periods where downstream recreation flow releases are
scheduled, the reduction represents '/2 hour per day reduction during the recreation flow release period per
day.
2. At the same time, the Licensee will reduce the combined minimum flow in the Main Stem below Cedar
Cliff and Tuckasegee as follows:
•
Stage I Total % Reduction
Normal combined
combined minimum From Normal
Period minimum flow in
flow in Main Stem
Main Stem (cfs)
(*)(cfs)
Tuckasegee-20 Tuckasegee-20 13.3
December-June
Cedar Cliff-10 Cedar Cliff-6
Tuckasegee-20 Tuckasegee-20 14.5
July-November
Cedar Cliff-35 Cedar Cliff-27
Note: * Cedar Cliff Minimum Flow is at its Threshold Level in December through June.
3. At the same time, the Licensee will reduce the minimum flow release from Wolf Dam to 5 cfs. This
reduction represents a 16.7% reduction.
4. At the same time, the Licensee will reduce the Bear Creek, and Wolf Creek / Tanasee Creek Lakes'
Normal Minimum Elevations by two feet and Lake Glenville's Normal Minimum Elevation by one foot
for the relevant time period as shown above. The newly modified minimum elevations are referred to as
the Stage 1 Minimum Elevations. Note however that in order to maintain minimum flow in the Wolf
Creek Bypassed Reach, this Stage 1 Minimum Elevation for the Wolf Creek / Tanasee Creek lakes must
not be reduced below 81.0 ft.
5. At the same time, if recreation releases from the Glenville Dam are scheduled during Stage 1 reductions,
then the releases will be reduced as noted below:
Attachment B. LIP for the WF and EF Projects.doc
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Attachment B - Low Inflow Protocol (LIP) for the West Fork and East Fork Projects
•
Tainter Gate
Release Normally Scheduled
Duration and Target
Flowrates (hrs and cfs) Stage 1 Duration and
Target Flowrates (hrs and
cfs) % Reduction From
Normal Water
Volume Used
Spring Weekend Sat. - 6-hr release @ 250 cfs Sat. - 5-hr release @ 250 cfs 16.7
in April Sun. - 6-hr release@ 250 cfs Sun. - 5-hr release@ 250 cfs
Summertime 6-hr release @ 250 cfs 5-hr release @ 250 cfs 16.7
Afternoons in
May, June, July,
August,
September
6. The Licensee will directly notify NCDWR, NCWRC, USFWS and the USFS when Stage 1 reductions
are implemented. If these Stage 1 reductions occur in December through June, the Licensee will note to
the agencies that the minimum flow from Cedar Cliff is at its Threshold Level for this time of year. The
• TGA President and the AW representative will be added to this notification when the angling and
boating recreation flows or bypass flow releases for recreation are affected during this stage. The
Licensee will endeavor in good faith to provide at least 24 hours advance notification.
7. The Licensee will update its website and telephone messages to account for the impacts of the above LIP
on schedules for generation and bypass recreational releases and lake levels.
Stage 2 Reductions
1. Upon a determination by the Licensee that the reservoir elevations for either (a) Lake Glenville, or (b)
Bear Creek Lake and Wolf Creek / Tanasee Creek lakes cannot be maintained at or above the Stage 1
Minimum Elevations specified above, the Licensee will reduce the minimum generation volume to a
lower amount (referred to as the Stage 2 Minimum Generation Volume and expressed in MWH/wk) as
determined below:
Attachment B. LIP for the WF and EF Projects.doc
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Attachment B - Low Inflow Protocol (LIP) for the West Fork and East Fork Projects
•
•
•
Normal Min. Gen. Stage 2 Min. % Reduction From
Volume for East Generation Volume Normal Water Volume
Fork and West (MWH/wk) Used
Period
Fork Projects
Combined
(MWH / week)
Nov-Apr 893 670 25.0
May (First two weeks only) 893 670 25.0
May (Week before Memorial 23.1
1158 891
Day only)
May - Jun (Week after 22.1
1360 1059
Memorial Day only)
Jun-Aug 1897 1507 20.6
Sep (Labor Day through next 22.7
1228 949
Saturday)
Sep (2nd and 3rd weeks only) 1025 780 23.9
Sep (4th week only) 1095 838 23.5
Oct (First three weeks only) 1025 780 23.9
Oct (4th week only) 1095 838 23.5
Note: The above reductions in generation from the normal represent a 1 hour per day reduction in hours of
generation from each powerhouse for the Licensee's dispatch periods, except at Tennessee Creek, where the
reduction will be 2 hours per day. For periods where downstream recreation flow releases are scheduled, the
reduction represents 1 hour per day reduction during the recreation flow release period per day.
2. At the same time, the Licensee will reduce the combined minimum flow in the Main Stem below Cedar
Cliff and Tuckasegee as follows:
Attachment B. LIP for the WF and EF Projects.doc
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Attachment B - Low Inflow Protocol (LIP) for the West Fork and East Fork Projects
•
Stage 2 Total % Reduction
Normal combined
combined minimum From Normal
Period minimum flow in
flow in Main Stem
Main Stem (cfs)
(*)(cfs)
Tuckasegee-20 Tuckasegee-20 13.3
December-June
Cedar Cliff-10 Cedar Cliff-6
Tuckasegee-20 Tuckasegee-20 29
July-November
Cedar Cliff-35 Cedar Cliff-19
Note: * Cedar Cliff Minimum Flow is at its Threshold Level in December through June.
3. At the same time, the Licensee will reduce the minimum flow release from Wolf Creek Dam to 4 cfs.
This reduction represents a 33.3% reduction from normal minimum flow release.
4. At the same time, the Licensee will reduce the Bear Creek and Wolf Creek / Tanasee Creek Lakes'
minimum elevations by two additional feet (four feet below the Normal Minimum Elevations) and Lake
Glenville's minimum elevation by one additional foot (two feet below the Normal Minimum Elevation)
for the relevant time period as shown above. The newly modified minimum elevations are referred to as
the Stage 2 Minimum Elevations. Note however that in order to maintain minimum flow in the Wolf
Creek Bypassed Reach, this Stage 2 Minimum Elevation for the Wolf Creek / Tanasee Creek lakes must
not be reduced below 81.0 ft.
•
5. At the same time, if recreation releases from the Glenville Dam are scheduled during Stage 2 reductions
and if the Stage 2 Minimum Elevation for Lake Glenville is at or above 88.5 ft (i.e. the minimum lake
level needed to allow releasing water from a Tainter gate), then the releases will be reduced as noted
below; otherwise, any scheduled Tainter gate releases to support whitewater recreation in the West Fork
(Glenville) Bypassed Reach will be cancelled:
Attachment B. LIP for the WF and EF Projects.doc
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Attachment B - Low Inflow Protocol (LIP) for the West Fork and East Fork Projects
?J
Tainter Gate
Release Normally Scheduled
Duration and Target
Flowrates (hrs and cfs) Stage 2 Duration and
Target Flowrates (hrs and
cfs) % Reduction From
Normal Water
Volume Used
Spring Weekend Sat. - 6-hr release @ 250 cfs Sat. - 4-hr release @ 250 cfs 33.3
in April Sun. - 6-hr release@ 250 cfs Sun.-4-hr release@ 250 cfs
Summertime 6-hr release @ 250 cfs 4-hr release @ 250 cfs 33.3
Afternoons in
May, June, July,
August,
September
6. The Licensee will directly notify the TGA President and the AW representative when Stage 2 reductions
are implemented if the angling and boating recreation flows or bypass flow releases for recreation will be
affected during this stage. The Licensee will endeavor in good faith to provide at least 24 hours advance
notification.
7. The Licensee will update its website and telephone messages to account for the impacts of the above LIP
on schedules for generation and bypass recreational releases and lake levels.
Stage 3 Reductions
1. Upon a determination by the Licensee that the reservoir elevations for either (a) Lake Glenville, or (b)
Bear Creek Lake and Wolf Creek / Tanasee Creek lakes cannot be maintained at or above the Stage 2
Minimum Elevations specified above, the Licensee will reduce the minimum generation volume to a
lower amount (referred to as the Stage 3 Minimum Generation Volume and expressed in MWH/wk) as
determined below:
U
Attachment B. LIP for the WF and EF Projects.doc
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Attachment B - Low Inflow Protocol (LIP) for the West Fork and East Fork Projects
•
•
Normal Min. Gen. Stage 3 Min. % Reduction From
Volume for East Generation Volume Normal Water Volume
Fork and West (MWH/wk) Used
Period
Fork Projects
Combined
(MWH / week)
Nov-Apr 893 558 37.5
May (First two weeks only) 893 558 37.5
May (Week before Memorial 34.6
1158 757
Day only)
May - Jun (Week after 33.2
1360 909
Memorial Day only)
Jun-Aug 1897 1311 30.9
Sep (Labor Day through next 34.1
1228 809
Saturday)
Sep (2nd and 3rd weeks only) 1025 657 35.9
Sep (4th week only) 1095 710 35.2
Oct (First three weeks only) 1025 657 35.9
Oct (4th week only) 1095 710 35.2
Note: The above reductions in generation from the normal schedules represent a 1'/z hour per day reduction
in hours of generation from each powerhouse for the Licensee's dispatch periods, except at Tennessee Creek,
where the reduction will be 3 hours per day. For periods where downstream recreation flow releases are
scheduled, the reduction represents 1'/z hours per day reduction during the recreation flow release period per
day.
Attachment B. LIP for the WF and EF Projects.doc
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Attachment B - Low Inflow Protocol (LIP) for the West Fork and East Fork Projects
•
2. At the same time, the Licensee will reduce the combined minimum flow in the Main Stem below Cedar
Cliff and Tuckasegee as follows:
Stage 3 Total % Reduction
Normal combined
combined minimum From Normal
Period minimum flow in
flow in Main Stem
Main Stem (cfs)
(*)(cfs)
Tuckasegee-20 Tuckasegee-20 13.3
December-June
Cedar Cliff-10 Cedar Cliff-6
Tuckasegee-20 Tuckasegee-20 43.6
July-November
Cedar Cliff-35 Cedar Cliff-11
Note: * Cedar Cliff Minimum Flow is at its Threshold Level all year.
•
•
3. At the same time, the Licensee will reduce the minimum flow release from Wolf Creek Dam to 3 cfs.
This reduction represents a 50 % reduction from normal minimum flow release.
4. At the same time, the Licensee will reduce the Bear Creek and Wolf Creek / Tanasee Creek Lakes'
minimum elevations by two additional feet (six feet below the Normal Minimum Elevations) and Lake
Glenville's minimum elevation by one additional foot (three feet below the Normal Minimum Elevation)
for the relevant time period as shown above. The newly modified minimum elevations are referred to as
the Stage 3 Minimum Elevations. Note however that in order to maintain minimum flow in the Wolf
Creek Bypassed Reach, this Stage 3 Minimum Elevation for the Wolf Creek / Tanasee Creek lakes must
not be reduced below 81.0 ft.
5. At the same time, if recreation releases from the Glenville Dam are scheduled during Stage 3 reductions
and if the Stage 3 Minimum Elevation for Lake Glenville is at or above 88.5 ft (i.e. the minimum lake
level needed to allow releasing water from a Tainter gate), then the releases will be reduced as noted
below; otherwise, any scheduled Tainter gate releases to support whitewater recreation in the West Fork
(Glenville) Bypassed Reach will be cancelled:
Attachment B. LIP for the WF and EF Projects.doc
21
Rev.: DRAFT 10/15/03
Attachment B - Low Inflow Protocol (LIP) for the West Fork and East Fork Projects
•
Tainter Gate
Release Normally Scheduled
Duration and Target
Flowrates (*) (hrs and cfs) Stage 3 Duration and
Target Flowrates (*) (hrs
and cfs) % Reduction From
Normal Water
Volume Used
Spring Weekend Sat. - 6-hr release @ 250 cfs Sat. - 3 hr release @ 250 cfs 50
in April Sun. - 6-hr release@ 250 cfs Sun.- 3-hr release@ 250 cfs
Summertime 6-hr release @ 250 cfs 3-hr release @ 250 cfs 50
Afternoons in
May, June, July,
August,
September
6. The Licensee will directly notify the TGA President and the AW representative when Stage 3 reductions
are implemented if the angling and boating recreation flows or bypass flow releases for recreation will be
affected during this stage. If these Stage 3 reductions occur in July through November, the Licensee will
also notify the NCDWR, NCWRC, USFWS and the USFS that the minimum flow from Cedar Cliff is at
is its Threshold Level year-round. The Licensee will endeavor in good faith to provide at least 24 hours
advance notification.
7. The Licensee will update its website and telephone messages to account for the impacts of the above LIP
on schedules for generation and bypass recreational releases and lake levels.
Stap-e 4 Reductions
1. Upon a determination by the Licensee that the reservoir elevations for either (a) Lake Glenville, or (b)
Bear Creek Lake and Wolf Creek / Tanasee Creek lakes cannot be maintained at or above the Stage 3
Minimum Elevations specified above, the Licensee will reduce the minimum generation volume to a
lower amount (referred to as the Stage 4 Minimum Generation Volume and expressed in MWH/wk) as
determined below:
Attachment B. LIP for the WF and EF Projects.doc
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Attachment B - Low Inflow Protocol (LIP) for the West Fork and East Fork Projects
•
Normal Min. Gen. Stage 4 Min. % Reduction From
Volume for East Generation Volume Normal Water Volume
Fork and West (MWH/wk) Used
Period
Fork Projects
Combined
(MWH / week)
Nov-Apr 893 446 50
May (First two weeks only) 893 446 50
May (Week before Memorial 46.2
1158 623
Day only)
May - Jun (Week after 44.3
1360 758
Memorial Day only)
Jun-Aug 1897 1116 41.2
Sep (Labor Day through next 45.5
1228 670
Saturday)
Sep (2nd and 3rd weeks only) 1025 535 47.8
Sep (4th week only) 1095 581 46.9
Oct (First three weeks only) 1025 535 47.8
Oct (4th week only) 1095 581 46.9
Note: The above reductions in generation from the normal schedules represent a 2 hour per day reduction in
hours of generation from each powerhouse for the Licensee's dispatch periods, except at Tennessee Creek,
where the reduction will be 4 hours per day. For periods where downstream recreation flow releases are
scheduled, the reduction represents 2 hours per day reduction during the recreation flow release period per
day.
2. At the same time, the Licensee will maintain the combined minimum flow in the Main Stem below
Cedar Cliff and Tuckasegee at the Threshold Levels as noted in Stage 3 above.
3. At the same time, the Licensee will reduce the minimum flow release from Wolf Creek Dam to the
threshold minimum flow of 2 cfs for the Wolf Creek Bypassed Reach. This reduction represents a 66.7
% reduction from normal minimum flow release.
Attachment B. LIP for the WF and EF Projects.doc
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Attachment B - Low Inflow Protocol (LIP) for the West Fork and East Fork Projects
4. At the same time, the Licensee will reduce the Bear Creek and Wolf Creek / Tanasee Creek Lakes'
minimum elevations by two additional feet (eight feet below the Normal Minimum Elevations) and Lake
Glenville's minimum elevation by one additional foot (four feet below the Normal Minimum Elevation)
for the relevant time period as shown above. The newly modified minimum elevations are referred to as
the Stage 4 Minimum Elevations. Note however that in order to maintain minimum flow in the Wolf
Creek Bypassed Reach, this Stage 4 Minimum Elevation for the Wolf Creek / Tanasee Creek lakes must
not be reduced below 81.0 ft.
5. At the same time, if recreation releases from the Glenville Dam are scheduled during Stage 4 reductions
and if the Stage 4 Minimum Elevation for Lake Glenville is at or above 88.5 ft (i.e. the minimum lake
level needed to allow releasing water from a Tainter gate), then the releases will be reduced as noted
below; otherwise, any scheduled Tainter gate releases to support whitewater recreation in the West Fork
(Glenville) Bypassed Reach will be cancelled:
E
Tainter Gate
Release Normally Scheduled
Duration and Target
Flowrates (hrs and cfs) Stage 4 Duration and
Target Flowrates (hrs and
cfs) % Reduction From
Normal Water
Volume Used
Spring Weekend Sat. - 6-hr release @ 250 cfs Sat. - 4 hr release @ 250 cfs 66.7
in April Sun. - 6-hr release@ 250 cfs Sun.- No release
Summertime 6-hr release @ 250 cfs 2-hr release @ 250 cfs 66.7
Afternoons in
May, June, July,
August,
September
6. The Licensee will directly notify the TGA President and the AW representative when Stage 4 reductions
are implemented if the angling and boating recreation flows or bypass flow releases for recreation will be
affected during this stage. The Licensee will also notify the NCDWR, NCWRC, USFWS and the USFS
that the minimum flow Wolf Creek Dam is at its Threshold Level. The Licensee will endeavor in good
faith to provide at least 24 hours advance notification.
7. The Licensee will update its website and telephone messages to account for the impacts of the above LIP
• on schedules for generation and bypass recreational releases and lake levels.
Attachment B. LIP for the WF and EF Projects.doc
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Attachment B - Low Inflow Protocol (LIP) for the West Fork and East Fork Projects
• Stage 5 Reductions
•
1. Upon a determination by the Licensee that the reservoir elevations for either (a) Lake Glenville, or (b)
Bear Creek Lake and Wolf Creek / Tanasee Creek lakes cannot be maintained at or above the Stage 4
Minimum Elevations specified above, the Licensee will reduce the minimum generation volume to a
lower amount (referred to as the Stage 5 Minimum Generation Volume and expressed in MWH/wk) as
determined below:
Normal Min. Gen. Stage 5 Min. % Reduction From
Volume for East Generation Volume Normal Water Volume
Fork and West (MWH/wk) Used
Period
Fork Projects
Combined
(MWH / week)
Nov-Apr 893 335 62.5
May (First two weeks only) 893 335 62.5
May (Week before Memorial 59.6
1158 467
Day only)
May - Jun (Week after 58.2
1360 569
Memorial Day only)
Jun-Aug 1897 921 51.5
Sep (Labor Day through next 56.8
1228 530
Saturday)
Sep (2nd and 3rd weeks only) 1025 412 59.8
Sep (4th week only) 1095 453 58.7
Oct (First three weeks only) 1025 412 59.8
Oct (4th week only) 1095 453 58.7
Note: The above reductions in generation from the normal schedules represent a 2'/2 hour per day reduction
in hours of generation from each powerhouse for the Licensee's dispatch periods, except at Tennessee Creek,
where the reduction will be five hours per day. For periods where downstream recreation flow releases are
scheduled, the reduction represents 2'/z hours per day reduction during the recreation flow release period per
day.
•
Attachment B. LIP for the WF and EF Projects.doc
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Attachment B - Low Inflow Protocol (LIP) for the West Fork and East Fork Projects
• 2. At the same time, the Licensee will maintain the combined minimum flow in the Main Stem below
Cedar Cliff and Tuckasegee at the Threshold Levels as noted in Stage 3 above.
3. At the same time, the Licensee will maintain the minimum flow release from Wolf Creek Dam at the
Threshold Level of 2 cfs.
4. At the same time, the Licensee will reduce the Bear Creek and Wolf Creek / Tanasee Creek Lakes'
minimum elevations by two additional feet (ten feet below the Normal Minimum Elevations) and Lake
Glenville's minimum elevation by one additional foot (five feet below the Normal Minimum Elevation)
for the relevant time period as shown above. The newly modified minimum elevations are referred to as
the Stage 5 Minimum Elevations. Note however that in order to maintain minimum flow in the Wolf
Creek Bypassed Reach, this Stage 5 Minimum Elevation for the Wolf Creek / Tanasee Creek lakes must
not be reduced below 81.0 ft.
5. At the same time, if recreation releases from the Glenville Dam are scheduled during Stage 5 reductions
and if the Stage 5 Minimum Elevation for Lake Glenville is at or above 88.5 ft (i.e. the minimum lake
level needed to allow releasing water from a Tainter gate), then the releases will be reduced as noted
below; otherwise, any scheduled Tainter gate releases to support whitewater recreation in the West Fork
(Glenville) Bypassed Reach will be cancelled:
Tainter Gate
Release Normally Scheduled
Duration and Target
Flowrates (hrs and cfs) Stage 5 Duration and
Target Flowrates (hrs and
cfs) (*) % Reduction From
Normal Water
Volume Used
Spring Weekend Sat. - 6-hr release @ 250 cfs Sat. - 4 hr release @ 200 cfs 73.3
in April Sun. - 6-hr release@ 250 cfs Sun.- No release
Summertime 6-hr release @ 250 cfs 2-hr release @ 200 cfs 73.3
Afternoons in
May, June, July,
August,
September
Note: * Both the duration and flowrates for Tainter gate releases to support whitewater recreation are at
their Threshold Levels.
•
Attachment B. LIP for the WF and EF Projects.doc
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Attachment B - Low Inflow Protocol (LIP) for the West Fork and East Fork Projects
6. The Licensee will directly notify the TGA President and the AW representative when Stage 5 reductions
• are implemented if the angling and boating recreation flows or bypass flow releases for recreation will be
affected during this stage. The Licensee will endeavor in good faith to provide at least 24 hours advance
notification.
7. The Licensee will update its website and telephone messages to account for the impacts of the above LIP
on schedules for generation and bypass recreational releases and lake levels.
State 6 Reductions and Beyond
1. Upon a determination by the Licensee that the reservoir elevations for either (a) Lake Glenville, or (b)
Bear Creek Lake and Wolf Creek / Tanasee Creek lakes cannot be maintained at or above the Stage 5
Minimum Elevations specified above, the Licensee will reduce the minimum generation volume to a
lower amount (referred to as the Stage 6 Minimum Generation Volume and expressed in MWH/wk) as
determined below. Also note that for all stages beyond Stage 6, the Minimum Generation Volumes will
stay constant at this Stage 6 level:
•
•
Attachment B. LIP for the WF and EF Projects.doc
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Attachment B - Low Inflow Protocol (LIP) for the West Fork and East Fork Projects
•
t
Normal Min. Gen. Stage 6 Min. % Reduction From
Volume for East Generation Volume Normal Water Volume
Fork and West (MWH/wk) Used
Period
Fork Projects
Combined
(MWH / week)
Nov-Apr 893 223 75
May (First two weeks only) 893 223 75
May (Week before Memorial 67.4
1158 378
Day only)
May - Jun (Week after 63.5
1360 496
Memorial Day only)
Jun-Aug 1897 725 61.8
Sep (Labor Day through next 68.2
1228 391
Saturday)
Sep (2nd and 3rd weeks only) 1025 290 71.8
Sep (4th week only) 1095 324 70.4
Oct (First three weeks only) 1025 290 71.8
Oct (4th week only) 1095 324 70.4
2. If recreation releases from the Glenville Dam are scheduled during Stage 6 and beyond, they will be held
constant at the Threshold Levels as noted in the Stage 5 reductions above until the reduced minimum
lake elevation for Lake Glenville falls below 88.5 ft (i.e. the minimum lake level needed to allow
releasing water from a Tainter gate), at which point the releases will be cancelled.
3. At the same time, the Licensee will maintain the combined minimum flow in the Main Stem below
Cedar Cliff and Tuckasegee at the threshold minimum flows as noted in Stage 3 above.
4. Once the minimum generation has been reduced to Stage 6 and beyond, all Glenville Dam Tainter gate
releases for recreation have been cancelled and all main stem minimum flows are being maintained at the
threshold minimum flows, the minimum lake elevation requirements for Lake Glenville and Bear Creek
• Lake will no longer apply. Note however that in order to maintain minimum flow in the Wolf Creek
Attachment B. LIP for the WF and EF Projects.doc
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Attachment B - Low Inflow Protocol (LIP) for the West Fork and East Fork Projects
• Bypassed Reach, the minimum elevation for Wolf Creek / Tanasee Creek lakes must not be reduced
below 81.0 ft.
5. The Licensee will update its website and telephone messages to account for the impacts of the above LIP
on schedules for generation and bypass recreational releases and lake levels.
Recovery from the Low Inflow Protocol
1. When inflows have increased to a point where the Licensee can maintain lake level above the minimum
elevation established in the previous stage reduction, operation of the projects can begin transitioning out
of the LIP. The transitioning procedure will follow the stage reductions outlined above in reverse order
(i.e. "stage increases" going from the last stage achieved back toward Stage 1 and then finally returning
to normal operation).
2. The Licensee will perform the direct notifications as identified in each stage above as the stages are
transitioned.
3. The Licensee will directly notify the NCDWR, NCWRC, USFWS, USFS, and, if required, the TGA
President and the AW representative when lake levels have been restored to within the Normal Operating
Range with a normal generation schedule, normal minimum flows in the bypassed reaches and a normal
schedule for Tainter gate releases to support whitewater boating.
4. The Licensee will update its website and telephone messages to account for the impacts of the above LIP
on schedules for generation and bypass recreational releases and lake levels.
•
Attachment B. LIP for the WF and EF Projects.doc
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Attachment C - Hydro Project Maintenance & Emergency Protocol (HPMEP) for the Nantahala
Project
Introduction
•
Under some emergency and equipment failure and maintenance situations, certain license conditions may be
impractical to meet or may need to be suspended or modified to avoid taking unnecessary risks. The purpose of
this protocol is to define the most likely situations of this type for the Nantahala Project (FERC # 2692), identify
the potentially impacted license conditions and outline the general approach that the Licensee will take to mitigate
the impacts to license conditions and to communicate with the resource agencies and affected parties.
Note: Due to the potential variability of these abnormal situations, this protocol is not intended to give an exact
step-by-step solution path. It will however provide basic expectations for the Licensee's approach to dealing with
the situation. Specific details will vary and will be determined on a case-by-case basis as the protocol is being
enacted.
Key Facts and Assumptions
1. Dicks Creek - Dicks Creek will continue to be free-flowing with inflow into the pond formed by Dicks Creek
Diversion Dam being equal to the outflow at the base of the dam. No water will be diverted into the penstock
0 at Dicks Creek Diversion Dam.
2. Minimum Flows in Bypassed Stream Reaches - Assume the new license for this project will include the
following requirements for minimum releases from hydro project works into bypassed stream reaches to
enhance water quality and/or aquatic species habitat (except during periods of low inflow covered by a low
inflow protocol):
Nantahala River Bypassed Reach
1) Minimum Flow Valve #1 -Maintain the existing minimum flow valve capable of releasing up to 8 cfs
from the Whiteoak Creek Penstock into Dicks Creek to provide flows in the Nantahala River
Bypassed Reach.
2) Minimum Flow Valve #2 - Install an additional minimum flow valve capable of releasing up to 8 cfs
from the Whiteoak Creek Penstock into Dicks Creek to provide flows in the Nantahala River
Bypassed Reach.
3) From the two minimum flow valves located on the Whiteoak Creek Penstock, provide a total of the
. following releases into Dicks Creek to provide flows in the Nantahala River Bypassed Reach:
Attachment C. HPMEP for the Nantahala Project.doc
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Attachment C - Hydro Project Maintenance & Emergency Protocol (HPMEP) for the Nantahala
Project
• a) From November 1 through May 31, 8 cfs.
b) From June 1 through October 31, 16 cfs.
b. Whiteoak Creek Bypassed Reach
1) Whiteoak Creek Diversion Dam - Provide 8 cfs or stream flow, whichever is less, from the Whiteoak
Creek Diversion Dam into the Whiteoak Creek Bypassed Reach from January 1 through December
31.
3. Normal Generation Releases for Recreation - Assume the new license for this project will include the
following requirements for a Normal Generation Schedule to Support Recreation at the Nantahala
Powerhouse, with all releases being at or above the Best Efficiency Flow for the Nantahala Hydro Unit:
a. 2°d Monday in March through March 31 - 10:00 am to 3:00 pm, seven days per week
b. April - 10:00 am to 4:00 pm, seven days per week
c. May through Labor Day - 9:00 am to 5:00 pm, seven days per week, plus provide one additional hour to
the schedule (i.e. 9:00 am to 6:00 pm) on both the Saturday and Sunday before Memorial Day and Labor
Day
d. September after Labor Day - 10:00 am to 4:00 pm Sunday through Friday, 9:00 am to 5:00 pm Saturday
e. October- 10:00 am to 3:00 pm Sunday through Friday and 9:00 am to 5:00 pm Saturday.
4. Other Prescribed Generation Releases - Assume the new license for this project will also include the
following requirements for prescribed generation releases in addition to the above Normal Generation
Schedule to Support Recreation:
a. Whitewater Races - Provide up to 70 hrs per year of generation releases (all at or above the Best
Efficiency Flow for the Nantahala Hydro Unit) to support established National, Southeastern Regional or
State Level Whitewater Races. To the maximum practical extent, releases will be integrated with the
normal release schedule so that additional release hours beyond the normal release schedule are not
needed.
b. Other Special Events - Other non-race requests for special generation releases that require additional
generation hours above the total number of hours in any given month in the Normal Generation Schedule
• to Support Recreation will be handled on a case-by-case basis. To the maximum practical extent, releases
Attachment C. HPMEP for the Nantahala Project.doc
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Attachment C - Hydro Project Maintenance & Emergency Protocol (HPMEP) for the Nantahala
Project
will be integrated with the normal release schedule so that additional release hours beyond the normal
• release schedule are not needed.
5. Bypass Flow Releases for Recreation - Assume the new license for this project will include requirements for
scheduled releases from Nantahala Dam into the Nantahala River Bypassed Reach to enhance downstream
recreation:
a. Spring Weekend - Release water for six hours per day for one weekend (Saturday and Sunday) per year,
scheduled for the last weekend in April. Target flowrates will be approximately 250 cfs on Saturday and
approximately 350 cfs on Sunday. Releases will be timed to reach the confluence of Whiteoak Creek with
the Nantahala River (i.e. approximately 5.8 river miles downstream of Nantahala Dam) at approximately
10:00 am.
b. Summer Afternoons - Provide four total afternoon releases per year for three hrs each at a target flowrate
of approximately 250 cfs, scheduled between June 15 and August 31. Releases will be timed to reach the
confluence of Whiteoak Creek with the Nantahala River (i.e. approximately 5.8 river miles downstream
of Nantahala Dam) at approximately 4:00 pm.
c. Fall Weekend - Release water for seven hours per day for one weekend per year, scheduled between
September 15 and September 30. Releases will be for seven hours at a target flowrate of approximately
300 cfs on Saturday; and five hours at a target flowrate of approximately 425 cfs and two hours at a target
flowrate of approximately 250 cfs on Sunday. Releases will be timed to reach the confluence of Whiteoak
Creek with the Nantahala River (i.e. approximately 5.8 river miles downstream of Nantahala Dam) at
approximately 10:00 am.
d. Target Flowrates - The target flowrates stated above are for flowrates immediately below the confluence
of Whiteoak Creek with the Nantahala River (i.e. approximately 5.8 river miles downstream of Nantahala
Dam). Actual release amounts from the Tainter gates need to be large enough that when combined with
other tributary and accretion flows, the total is at or above the approximate target flowrates.
6. Normal Operating Range for Lake Levels - Assume the new license for this project will include the following
requirements for a Normal Operating Range of lake levels:
Attachment C. HPMEP for the Nantahala Project.doc
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Attachment C - Hydro Project Maintenance & Emergency Protocol (HPMEP) for the Nantahala
Project
•
Month Normal
Minimum
Elevation (ft) Normal Target
Elevation (ft) Normal
Maximum
Elevation (ft)
Jan 73 78 83
Feb 76 83 88
Mar 78 88 93
Apr 85 93 98
May 93 97 99.5
Jun 93 97 99.5
Jul 93 97 99.5
Au 91 96 99.5
Se 88 93 98
Oct 83 88 93
Nov 78 83 88
Dec 73 78 83
Note: The elevations above are for the 1st day of the month. Elevations for other days of the month can be
determined by linear interpolation.
7. Most Likely Situations - the following table identifies the assumed most likely situations when this protocol
0 will be enacted and the license conditions that would most likely be impacted:
L ?
Potentially Impacted License Conditions
Situation Indications Min. Generation Normal Tainter Gate
Flows in Releases for Operating Releases for
Bypassed Recreation Range for Lake Recreation
Stream Levels
Reaches
Hydro Unit Maintenance will require X X
Outage hydro unit shutdown.
Outage of Maintenance will require X
Whiteoak Creek partial or full dewatering
Penstock or of the Whiteoak Creek
Diversion Dam Penstock or interruption
of scheduled continuous
minimum releases from
Whiteoak Creek
Attachment C. HPMEP for the Nantahala Project.doc
4
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Attachment C - Hydro Project Maintenance & Emergency Protocol (HPMEP) for the Nantahala
Project
•
Potentially Impacted License Conditions
Situation Indications Min. Generation Normal Tainter Gate
Flows in Releases for Operating Releases for
Bypassed Recreation Range for Lake Recreation
Stream Levels
Reaches
Diversion Dam
Outage of Maintenance will require X X
Tainter Gates at rendering one or more
Nantahala Dam Tainter gates inoperable.
Dam Safety Condition A or B (i.e. X X X X
Emergency Nantahala Dam failure
has occurred, is
imminent or a potentially
hazardous situation
exists) is declared per
Emergency Action Plan
or other dam safety
concern is identified.
Voltage or Voltage or capacity X X X
Capacity conditions on the electric
Emergency grid in the DPNA system
or the larger regional
electric grid cause
instability and electric
system failure has
occurred or is imminent.
8. Returning to Normal - All of the above situations can impact the Licensee's ability to operate the hydro
project in its most efficient and safest manner for power production. The Licensee will therefore endeavor in
good faith to repair existing hydro project equipment and facilities and return them to service within a
reasonable period of time, commensurate with the severity of the equipment / facility repair requirements and
provided that the repairs are economically justified and funds are available for the repairs.
•
Attachment C. HPMEP for the Nantahala Project.doc
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Attachment C - Hydro Project Maintenance & Emergency Protocol (HPMEP) for the Nantahala
Project
9. Incidental Outages - outages of hydro project works that are very brief in nature or that require minimal if any
• deviation from normal license conditions. For the purposes of this protocol, outages of 48 hrs or less duration
or that do not require deviation from any license conditions related to minimum flows in bypassed stream
reaches or the main stem of the river, flow releases for whitewater recreation or the Normal Operating Ranges
for lake levels are considered Incidental Outages and, except for the identified notifications for Incidental
Outages that impact minimum flows, are exempt from the requirements of this protocol.
10. Notification Guidance
a. Planned Maintenance - once a likely maintenance schedule has been established, the Licensee will
endeavor in good faith to provide as much advance notice as possible to the affected parties identified in
this protocol.
b. Unplanned Maintenance and Emergencies - it is not possible for the Licensee to assure any level of
advance notice. For these situations, the Licensee will endeavor in good faith to inform the affected
parties identified in this protocol within some reasonable amount of time after the situation has been
•
•
stabilized.
11. Preparation for High Inflow Events - With modern forecasting, it is more possible than ever to see large
precipitation events coming and to increase generation hours to reduce lake levels in order to mitigate the
potential for spilling and downstream flooding. Typically, this type of advance action is taken from one to
five days before the expected arrival of the storm. It is assumed that the Normal Operating Range of lake
levels will include adequate flexibility (i.e. band width) to allow for this type of lake level reduction. If the
final Normal Operating Range for lake levels does not provide adequate flexibility, this protocol will be
revised to account for the high inflow event preparation situation.
12. Relationship Between this Protocol and the Low Inflow Protocol - The Low Inflow Protocol (LIP) provides
for reductions in generation flows, minimum flows and recreation flow releases in bypasses and modification
of the Normal Operating Range for lake levels when water demands on Nantahala Lake substantially exceed
its net inflow. Except for an outage of the Whiteoak Creek Penstock or Diversion Dam or a stuck-open
Tainter gate on Nantahala Dam, lowering levels of Nantahala Lake caused by situations addressed under this
Hydro Project Maintenance & Emergency Protocol (HPMEP) will not invoke implementation of the LIP.
Also, if the LIP has already been implemented at the time that a situation covered by this HPMEP is initiated,
Attachment C. HPMEP for the Nantahala Project.doc
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Attachment C - Hydro Project Maintenance & Emergency Protocol (HPMEP) for the Nantahala
Project
the Licensee will typically suspend implementation of the LIP until the HPMEP situation has been eliminated.
• The Licensee may however choose to continue with the LIP if desirable.
13. Peak Recreation Season - the portion of the year when boating and fishing levels are at their highest. For the
purposes of this protocol, this season is defined as April through October.
14. Critical Commercial Whitewater Recreation Periods - the portions of the Peak Recreation Season that have
the highest impact on the commercial whitewater industry that depends on the hydro project. Loss of
whitewater recreation flows for the duration of any of these periods could damage the stability of the
whitewater recreation businesses that serve the area. For the purposes of this protocol, these periods are
defined as (1) any weekend period (Saturday and Sunday plus any holidays that fall on Friday or Monday)
between 9 am and 5 pm from Memorial Day weekend through September, (2) any period of seven or more
consecutive days from June through September, (3) any period between 9 am and 5 pm from July 1 through
August 15.
15. Critical Flow Period for Stream Fish - the portion of the year when fish in the streams affected by the hydro
project most need minimum flows or can be most impacted by higher temperature water releases from the
Tainter gates at Nantahala Dam. For the purposes of this protocol, the Critical Flow Period for Stream Fish is
defined as June 1 through October 31.
16. Threshold Minimum Flows - the minimum flow release amounts from hydro project works that may be
necessary to sustain aquatic communities consistent with the resource management goals and objectives for
the affected stream reaches. Since the normal minimum flow releases are for water quality and / or aquatic
species habitat enhancements, the Threshold Minimum Flows are related to and lower than the normal
minimum flow releases required by the FERC license. For the purposes of this protocol, it is assumed that the
Threshold Minimum Flows are as follows:
a. Whiteoak Creek Bypassed Reach - 2 cfs or inflow into Whiteoak Creek Pond, whichever is less, released
from Whiteoak Creek Diversion Dam into the Whiteoak Creek Bypassed Reach.
b. Nantahala River Bypassed Reach - The following combined flowrates released from the two Spill Valves
on the Whiteoak Creek Penstock:
• 1) From November 1 through May 31 - 2 cfs
Attachment C. HPMEP for the Nantahala Project.doc
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Attachment C - Hydro Project Maintenance & Emergency Protocol (HPMEP) for the Nantahala
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• 2) From June 1 through October 31 - 5 cfs.
17. Organizational abbreviations include the NC Division of Water Resources (NCDWR), NC Wildlife
Resources Commission (NCWRC), United States Forest Service (USFS), United States Fish & Wildlife
Service (USFWS), NC State Historic Preservation Office (NCSHPO), the Eastern Band of the Cherokee
Indians (EBCI), the Nantahala Gorge Association (NGA), United States Geologic Survey (USGS) and the
American Whitewater Affiliation (AW).
18. Voltage and Capacity Emerged - The electric transmission system serving the project area is the Duke
Power-Nantahala Area (DPNA) system. The DPNA system is connected to the larger regional electric grid
by: (a) Santeetlah 161 kV line connecting to the Tennessee Valley Authority (TVA) system and (b) two, 230
kV lines connecting to the Duke Power system near Lake Jocassee. If any one of these three electric
transmission lines fails or if a major interruption within the DPNA system occurs, the entire DPNA system
can become unstable due to inadequate capacity or voltage to support system demands. The result can include
brown-outs or black-outs of large blocks of electric customers served by the DPNA system. Also, since the
Licensee's hydro stations are the only electric generation sources that are directly tied to the DPNA system
and they do not produce enough electric capacity to meet the DPNA system's instantaneous load,
transmission system failures and overloads on the larger regional electric grid can also cause brown-outs and
black-outs within the DPNA system. Therefore, for the purposes of this protocol, a voltage or capacity
emergency shall exist when any of the following occur:
a. The Santeetlah 161 kV line connecting the DPNA system to the TVA system is out of service
b. Either of the two, 230 kV lines connecting the DPNA system to the Duke Power system is out of service
c. The DPNA system has been split by an internal system failure
d. A voltage or capacity emergency is declared by Duke Power's System Operating Center or Transmission
Operating Center.
19. Safety and Electric System Integrity are of Utmost Importance - Nothing in this protocol will limit the
Licensee's ability to take any and all lawful actions necessary at its hydro projects to protect human health
and safety, protect its equipment from major damage and ensure the stability of the regional electric grid. It is
recognized that the Licensee may take the steps that are necessary to protect these things without prior
consultation or notification.
Attachment C. HPMEP for the Nantahala Project.doc
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Attachment C - Hydro Project Maintenance & Emergency Protocol (HPMEP) for the Nantahala
Project
• General Approach to Abnormal Situations
A. Hydro Unit Outages
1. Mitigating Actions
a. Planned Unit Outages
1) Scheduling - To the extent practical, the Licensee will avoid scheduling unit outages during the Peak
Recreation Season (which also includes the Critical Flow Period for Stream Fish and the Critical
Commercial Whitewater Recreation Periods), unless it is likely that the equipment condition will
cause a forced unit outage if repairs are delayed.
2) Replacing Generation Recreation Releases - If the outage cannot avoid the Critical Commercial
Whitewater Recreation Periods, then the Licensee will endeavor in good faith to replace a portion of
the missed generation flows that are normally scheduled for recreation. This can be accomplished by
providing at least some releases from the Tainter gates at Nantahala Dam. If replacement releases will
be provided from a Tainter gate at Nantahala Dam and the water temperature in Nantahala Lake at a
0 depth corresponding to the Tainter gate sill is > 20° C, the Licensee will:
a) Avoid scheduling replacement releases for more than two consecutive days.
b) Monitor temperatures and dissolved oxygen (DO) levels in the Nantahala River Bypassed Reach
during the releases from Nantahala Dam.
c) Stop the releases if DO levels drop below 5 mg/1(i.e. the instantaneous minimum DO level
specified by the NC State Water Quality Standards for trout waters) or if stressed or dead fish are
observed.
d) Replace any aquatic species mortalities that are identified.
3) Drawing Down Nantahala Lake - To minimize the impacts to its electric customers, the Licensee
may choose to draw down Nantahala Lake using the hydro unit to a point where spillage from the
dam is expected to be minimized during the outage. If the lake will be drawn down more than 60 ft
below full pond and maintained at or below that elevation for 30 consecutive days or more, the
Licensee will contract with a licensed archeologist to survey the lakebed at or below 60 ft of
drawdown in the two locations where archaeological resources were identified in the relicensing
cultural resource studies performed from 2000 - 2002.
•
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L J
4) Augmenting Stream Flow - If the outage impacts generation releases during the Critical Flow Period
for Stream Fish, the Licensee will open the sluice gate at the Whiteoak Creek Diversion Dam and
allow all the inflow into Whiteoak Creek Pond to flow into the Whiteoak Creek Bypassed Reach.
This will prevent the excess inflow into Whiteoak Creek Pond from going through the penstocks and
tunnels to Nantahala Lake and increase the stream flow in the Nantahala River downstream of its
confluence with Whiteoak Creek.
b. Forced Unit Outages
1) Replacing Generation Recreation Releases - If the outage impacts generation releases scheduled for
recreation during the Critical Commercial Whitewater Recreation Periods, then the Licensee will
endeavor in good faith to replace a portion of the missed generation flows that are normally scheduled
for recreation. This can be accomplished by providing at least some releases from the Tainter gates at
Nantahala Dam. If replacement releases will be provided from a Tainter gate at Nantahala Dam and
the water temperature in Nantahala Lake at a depth corresponding to the Tainter gate sill is > 20° C,
the Licensee will:
•
a) Avoid scheduling replacement releases for more than two consecutive days.
b) Monitor temperatures and dissolved oxygen (DO) levels in the Nantahala River Bypassed Reach
during the releases from Nantahala Dam.
c) Stop the releases if DO levels drop below 5 mg/1(i.e. the instantaneous minimum DO level
specified by the NC State Water Quality Standards for trout waters) or if stressed or dead fish are
observed.
d) Replace any aquatic species mortalities that are identified.
2) Augmenting Stream Flow - If the outage impacts generation releases during the Critical Flow Period
for Stream Fish, the Licensee will open the sluice gate at the Whiteoak Creek Diversion Dam and
allow all the inflow into Whiteoak Creek Pond to flow into the Whiteoak Creek Bypassed Reach.
This will prevent the excess inflow into Whiteoak Creek Pond from going through the penstocks and
tunnels to Nantahala Lake and increase the stream flow in the Nantahala River downstream of its
confluence with Whiteoak Creek.
2. Communication with Resource Agencies and Affected Parties
• a. Planned Unit Outages
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1) Direct Consultation - The Licensee will consult with the NCDWR, USFWS, NCWRC, USFS, the
• NGA President and AW as soon as approximate schedule dates are determined, but at least 10 days
prior to beginning the draw down of Nantahala Lake or the unit outage (if a drawdown of the lake
will not be performed). If Nantahala Lake will be drawn down more than 60 ft below full pond and
maintained at or below that elevation for 30 consecutive days or more, the Licensee will also consult
with the NCSHPO and the EBCI concerning additional archaeological surveys of the lakebed at or
below 60 ft of drawdown in the two locations where archaeological resources were identified in the
relicensing cultural resource studies performed from 2000 - 2002. The Licensee will consider options
suggested by the identified agencies and organizations that could lessen the impact of the outage on
the environmental, cultural and human needs relative to the hydro project.
2) General Notification- At least 10 days before beginning the draw down of Nantahala Lake or the unit
outage (if a drawdown of the lake will not be performed), the Licensee will add the appropriate
messages to its public information website and/or its lake level phone system to inform the general
public of the outage and draw down schedule.
b. Forced Unit Outages
is 1) Direct Notification - The Licensee will notify the NCDWR, USFWS, NCWRC, USFS, the NGA
President and AW as soon as possible after the forced outage begins, but no longer than five days
afterwards.
2) General Notification - As soon as possible after the forced outage occurs but no longer than five days
afterwards, the Licensee will add the appropriate messages to its public information website and/or its
lake level phone system to inform the general public of the outage and draw down schedule.
3) Direct Consultation - The Licensee will consult with the NCDWR, USFWS, NCWRC, USFS, the
NGA President and AW as soon as possible after the forced outage begins, but no longer than 10 days
afterwards. The Licensee will consider options suggested by the identified agencies and organizations
that could lessen the impact of the outage on the environmental, cultural and human needs relative to
the hydro project.
U
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•
B. Whiteoak Creek Penstock & Diversion Dam Outa es
1. Mitigating Actions
a. Planned Outages
1) Scheduling - To the extent practical, the Licensee will avoid scheduling outages during the Critical
Flow Period for Stream Fish, unless it is likely that the equipment condition will cause a forced
outage if repairs are delayed.
2) Replacing Lost Minimum Flows in the Bypasses - If the outage cannot avoid impacting minimum
flows in bypasses during the Critical Flow Period for Stream Fish, then the Licensee will endeavor in
good faith to replace a portion of the missed minimum flows in the affected bypass reaches. This can
be accomplished by allowing additional spillage at the Whiteoak Creek Diversion Dam (if the outage
will be for Whiteoak Creek Penstock repairs), allowing additional flows through the spill valves that
release water from the Whiteoak Creek Penstock to Dicks Creek Bypassed Reach (if the outage will
be for the sluice gate at Whiteoak Creek Diversion Dam) or by partially opening a Tainter gate at
•
Nantahala Dam.
3) Avoid Falling Below the Threshold Minimum Flows - To the extent practical, the Licensee will
avoid falling below any of the Threshold Minimum Flows as noted above. If it is determined that
100% exceedance of the Threshold Minimum Flows cannot reasonably be achieved, the Licensee will
work with the resource agencies to (a) monitor any potential aquatic species impacts in the affected
stream segments and (b) replace any aquatic species mortalities that are identified.
•
b. Forced Outages
1) Replacing Lost Minimum Flows in the Bypasses - If the outage cannot avoid impacting minimum
flows in bypasses during the Critical Flow Period for Stream Fish, then the Licensee will endeavor in
good faith to replace a portion of the missed minimum flows in the affected bypass reaches. This can
be accomplished by allowing additional spillage at the Whiteoak Creek Diversion Dam (if the outage
will be for Whiteoak Creek Penstock repairs), allowing additional flows through the spill valves that
release water from the Whiteoak Creek Penstock to Dicks Creek Bypassed Reach (if the outage will
be for the sluice gate at Whiteoak Creek Diversion Dam) or by partially opening a Tainter gate at
Nantahala Dam. (Note: If minimum flows in bypasses are to be supplemented by partially opening a
Tainter gate at Nantahala Dam and the water temperature in Nantahala Lake at a depth corresponding
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to the Tainter gate sill is > 20° C, the Licensee will complete the Direct Notification of resource
agencies identified in item B.2.a below before partially opening a Tainter gate).
2) Avoid Falling Below the Threshold Minimum Flows - To the extent practical, the Licensee will
avoid falling below any of the Threshold Minimum Flows as noted above. If it is determined that
100% exceedance of the Threshold Minimum Flows cannot reasonably be achieved, the Licensee will
work with the resource agencies to (a) monitor any potential aquatic species impacts in the affected
stream segments and (b) replace any aquatic species mortalities that are identified.
2. Communication with Resource Agencies and Affected Parties
a. Planned Outages
1) Direct Consultation - The Licensee will consult with the NCDWR, USFWS, NCWRC and the USFS
as soon as approximate schedule dates are determined, but at least 10 days prior to beginning the
outage. The Licensee will consider options suggested by the identified agencies and organizations
that could lessen the impact of the outage on the environmental and human needs relative to the hydro
project. (Note that this communication with resource agencies is also required for Incidental Outages
(see definitions) that impact minimum flows).
b. Forced Outages
1) Direct Notification - The Licensee will notify the NCDWR, USFWS, NCWRC and the USFS as
soon as possible after the forced outage begins, but no longer than five days afterwards. (Note that
this communication with resource agencies is also required for Incidental Outages (see definitions)
that impact minimum flows). If minimum flows in bypasses are to be supplemented by partially
opening a Tainter gate at Nantahala Dam and the water temperature in Nantahala Lake at a depth
corresponding to the Tainter gate sill is > 20° C, the Licensee will include the following information
in the Direct Notification:
a) The actual measured lake temperature at the depth corresponding to the Tainter gate sill
b) The approximate total average daily flow in the Nantahala River Bypassed Reach just upstream
of its confluence with the Nantahala Hydro Power Canal
c) The approximate continuous release coming from the Whiteoak Creek Diversion Dam
d) The approximate continuous release coming from the spill valve(s) installed in the Whiteoak
Creek Penstock.
e) The targeted amount of the Tainter gate release.
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is
2) Direct Consultation - The Licensee will consult with the NCDWR, USFWS, NCWRC and the USFS
as soon as possible after the forced outage begins, but no longer than 10 days afterwards. The
Licensee will consider options suggested by the identified agencies and organizations that could
lessen the impact of the outage on the environmental and human needs relative to the hydro project.
C. Tainter Gate Outages
1. Mitigating Actions
a. Planned Outages
1) Scheduling - To the extent practical, the Licensee will avoid scheduling outages of the Tainter gates
that conflict with dates scheduled for Tainter gate releases for whitewater boating in the Nantahala
River Bypassed Reach, unless it is likely that the equipment condition will cause a forced outage if
repairs are delayed.
2) Replacing Lost Whitewater Releases from the Tainter Gates - If the outage cannot avoid a loss of
scheduled whitewater releases from the Tainter gates, then the Licensee will endeavor in good faith to
reschedule the releases from the Tainter gates during the current Peak Recreation Season at Nantahala
Dam to replace the missed releases that are normally scheduled for recreation.
3) Drawing Down Nantahala Lake - To minimize the impacts to its electric customers as well as to
minimize the risk of performing the work, the Licensee may choose to draw down Nantahala Lake
using the hydro unit to a point where spillage from the dam is expected to be minimized during the
outage. If the lake will be drawn down more than 60 ft below full pond and maintained at or below
that elevation for 30 consecutive days or more, the Licensee will contract with a licensed archeologist
to survey the lakebed at or below 60 ft of drawdown in the two locations where archaeological
resources were identified in the relicensing cultural resource studies performed from 2000 - 2002.
b. Forced Outages
1) Replacing Lost Whitewater Releases from the Tainter Gates - If the outage will cause a loss of
scheduled whitewater releases from the Tainter gates, then the Licensee will endeavor in good faith to
reschedule the releases from the Tainter gates during the current Peak Recreation Season at Nantahala
Dam to replace the missed releases that are normally scheduled for recreation. (Note: If the
• rescheduled releases will occur during the Critical Flow Period for Stream Fish and the water
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•
temperature in Nantahala Lake at a depth corresponding to the Tainter gate sill is > 20° C, the
Licensee will complete the Direct Notification of resource agencies identified in item C.2.a below
before making the rescheduled Tainter gate release).
2) Drawing Down Nantahala Lake - To minimize the impacts to its electric customers as well as to
minimize the risk of performing the work, the Licensee may choose to draw down Nantahala Lake
using the hydro unit to a point where spillage from the dam is expected to be minimized during the
outage. If the lake will be drawn down more than 60 ft below full pond and maintained at or below
that elevation for 30 consecutive days or more, the Licensee will contract with a licensed archeologist
to survey the lakebed at or below 60 ft of drawdown in the two locations where archaeological
resources were identified in the relicensing cultural resource studies performed from 2000 - 2002.
•
2. Communication with Resource Agencies and Affected Parties
a. Planned Outages
1) Direct Consultation - If the outage will impact scheduled releases from the Tainter gates for
whitewater boating in the Nantahala River Bypassed Reach, the Licensee will consult with the
NCDWR, NCWRC, USFWS, USFS, the President of the NGA and AW as soon as approximate
schedule dates are determined, but at least 10 days prior to beginning the outage. If Nantahala Lake
will be drawn down more than 60 ft below full pond and maintained at or below that elevation for 30
consecutive days or more, the Licensee will also consult with the NCSHPO and the EBCI concerning
additional archaeological surveys of the lakebed at or below 60 ft of drawdown in the two locations
where archaeological resources were identified in the relicensing cultural resource studies performed
from 2000 - 2002. The Licensee will consider options suggested by the identified agencies and
organizations that could lessen the impact of the outage on the environmental, cultural and human
needs relative to the hydro project.
2) General Notification - At least 10 days before beginning an outage that will cause a loss of scheduled
whitewater releases from the Tainter gates, the Licensee will add the appropriate messages to its
public information website and/or its lake level phone system to inform the general public of the
outage and any rescheduled Tainter gate releases for whitewater recreation.
•
b. Forced Outages
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1) Direct Notification - If the outage will impact scheduled releases from the Tainter gates for
0 whitewater boating in the Nantahala River Bypassed Reach, the Licensee will notify the NCDWR,
USFWS, NCWRC, USFS, the NGA President and AW as soon as possible after the forced outage
begins, but no longer than five days afterwards. If the rescheduled Tainter gate releases will occur
during the Critical Flow Period for Stream Fish and the water temperature in Nantahala Lake at a
depth corresponding to the Tainter gate sill is > 20° C, the Licensee will include the following
information in the Direct Notification:
a) The actual measured lake temperature at the depth corresponding to the Tainter gate sill
b) The approximate total average daily flow in the Nantahala River Bypassed Reach just upstream
of its confluence with the Nantahala Hydro Power Canal
c) The approximate continuous release coming from the Whiteoak Creek Diversion Dam
d) The approximate continuous release coming from the spill valve(s) installed in the Whiteoak
Creek Penstock
e) The targeted amount (cfs), duration (hrs per day) and number of rescheduled days of the Tainter
gate release.
• 2) General Notification - If the outage will impact scheduled releases from the Tainter gates for
whitewater boating in the Nantahala River Bypassed Reach, within five days following the start of the
outage, the Licensee will add the appropriate messages to its public information website and/or its
lake level phone system to inform the general public of the outage and any rescheduled Tainter gate
releases for whitewater recreation.
3) Direct Consultation - If the outage will impact scheduled releases from the Tainter gates for
whitewater boating in the Nantahala River Bypassed Reach, the Licensee will consult with the
NCDWR, NCWRC, USFWS, USFS, the President of the NGA and AW as soon as possible after the
outage occurs, but no longer than 10 days afterwards. If Nantahala Lake will be drawn down more
than 60 ft below full pond and maintained at or below that elevation for 30 consecutive days or more,
the Licensee will also consult with the NCSHPO and the EBCI concerning additional archaeological
surveys of the lakebed at or below 60 ft of drawdown in the two locations where archaeological
resources were identified in the relicensing cultural resource studies performed from 2000 - 2002.
The Licensee will consider options suggested by the identified agencies and organizations that could
lessen the impact of the outage on the environmental, cultural and human needs relative to the hydro
• project.
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• D. Dam Safety Emergency
1. Mitigating Actions
a. Safety Must Come First - If a Condition A or B is declared per the Licensee's Emergency Action Plan, or
other dam safety concerns arise, the Licensee may modify or suspend any license conditions immediately
and for as long as necessary to restore the dam to a safe condition.
2. Communication with Resource Agencies and Affected Parties
a. Direct Notification - Conducted strictly in accordance with the Licensee's Emergency Action Plan. In
cases where dam safety concerns arise that are not a Condition A or B per the Licensee's Emergency
Action Plan, consultation with resource agencies and affected parties will occur as soon as possible, after
the dam safety concern arises.
b. Once Dam Safety Conditions Have Stabilized - The Licensee will add the appropriate messages to its
public information website and/or its lake level phone system to inform the general public of the situation
and any expected return to normal operation.
E. Voltage and Capacity Emergencies
1. Mitigating Actions
a. Suspension of the Normal Operating Range for Lake Levels - If a voltage or capacity emergency (as
defined above) occurs, the Licensee may modify or suspend lake level operating limitations immediately
and for as long as necessary if doing so would allow additional hydro station operation that is needed to
restore the electric grid to a stable condition.
b. Conserving Water for Power Generation - If a voltage or capacity emergency (as defined above) occurs
and if it is expected to continue for an extended period of time (e.g. two weeks or more), the Licensee
may reduce minimum flows to the Threshold Minimum Flows (as defined above) and may modify or
suspend any scheduled Tainter gate releases to support whitewater recreation in the Nantahala River
Bypassed Reach if taking those actions is necessary to maintain the water inventory in Nantahala Lake.
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40 c. Replacing Lost Whitewater Releases from the Tainter Gates - If scheduled whitewater releases from the
Tainter gates are lost, then once the emergency is over, the Licensee will endeavor in good faith to
reschedule the releases from the Tainter gates during the current Peak Recreation Season at Nantahala
Dam to replace the missed releases that are normally scheduled for recreation.
2. Communication with Resource Agencies and Affected Parties
a. Direct Notification - The Licensee will notify the NCDWR, USFWS, NCWRC and the USFS as soon as
possible following a deviation from license conditions for voltage or capacity emergency reasons (add the
NGA President and AW if Tainter gate releases for recreational purposes are impacted), but no longer
than five days afterwards.
b. General Notification - Within five days following the start of the emergency deviation, the Licensee will
add the appropriate messages to its public information website and/or its lake level phone system to
inform the general public of the situation and any expected dates for return to normal operations.
is c. Direct Consultation - The Licensee will consult with the NCDWR, USFWS, NCWRC and the USFS as
soon as possible following a deviation from license conditions for voltage or capacity emergency reasons
(add the NGA President and AW if Tainter gate releases for recreational purposes are impacted), but no
longer than 10 days following such deviation. The Licensee will consider options suggested by the
identified agencies and organizations that could lessen the impact of the emergency on the environmental,
cultural and human needs relative to the hydro project.
•
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Attachment C - Hydro Project Maintenance & Emergency Protocol (HPMEP) for the West Fork
and East Fork Projects
• Introduction
Under some emergency and equipment failure and maintenance situations, certain license conditions may be
impractical to meet or may need to be suspended or modified to avoid taking unnecessary risks. The purpose of
this protocol is to define the most likely situations of this type for the East Fork Project (FERC # 2698) and the
West Fork Project (FERC # 2686), identify the potentially impacted license conditions and outline the general
approach that the Licensee will take to mitigate the impacts to license conditions and to communicate with the
resource agencies and affected parties.
Note: Due to the potential variability of these abnormal situations, this protocol is not intended to give an exact
step-by-step solution path. It will however provide basic expectations for the Licensee's approach to dealing with
the situation. Specific details will vary and will be determined on a case-by-case basis as the protocol is being
enacted.
Key Facts and Assumptions
1. Minimum Flows in Bypassed Stream Reaches - Assume the new license for the East Fork Project will
include the following normal requirements for minimum releases from hydro project works into the Wolf
Creek Bypassed Reach to enhance water quality and/or aquatic species habitat:
a. Wolf Creek Bypassed Reach - 6 cfs continuous release from a valve to be installed at Wolf Creek Dam.
2. Minimum Flows in the Tuckasegee River Main Stem - Assume that the new licenses for the East Fork and
West Fork projects will include the following minimum flow requirements for the main stem of the
Tuckasegee River:
a. 30 cfs combined minimum flow from December 1 through June 30 (assuming inflow to Tuckasegee Lake
is greater than or equal to 20 cfs) and provided by the same means as the existing provision:
1) Continue existing minimum flow at Tuckasegee (20 cfs or inflow, whichever is less).
2) Continue existing minimum flow at Cedar Cliff (10 cfs from a valve at the hydro station during non-
generation hours only).
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b. 55 cfs combined minimum flow from July 1 through November 30 (assuming inflow to Tuckasegee Lake
• is greater than or equal to 20 cfs) and provided by:
1) Continue existing minimum flow at Tuckasegee (20 cfs or inflow, whichever is less).
2) Increasing the valve capacity at Cedar Cliff to 35 cfs. When Cedar Cliff is generating, the valve is
turned off.
3. Generation Releases for Angling and Boating Recreation Flows - Assume the new licenses for the East Fork
and West Fork projects will include the following Normal Generation Schedule to Support Recreation on the
main stem of the Tuckasgee River from the Cedar Cliff and Thorpe / Tuckasegee Powerhouses, with all
releases being at or above the Best Efficiency Flows for the subject hydro units:
a. Primary Angling Periods
1) Defined -The first weekend after Labor Day through the last weekend of October and April 1st
through the first weekend of June are defined as primary angling periods with actual flows at or
below about 500 cfs being preferred (as measured at the reactivated or replaced USGS gage at
Dillsboro).
2) During part of this time period, boating release schedules overlap. During this overlap period (the
Saturday that occurs nine days before Memorial Day through the first weekend of June and Saturdays
in September and October) the Normal Generation Schedule to Support Recreation will be:
a) West Fork Release: Saturday and Sunday one week prior to Memorial Day Weekend, Saturday
and Monday of Memorial Day Weekend and three of four Saturdays in September and October
plus Tuesday, Friday Saturday for the period between Memorial Day Weekend through the first
weekend in June for six hours, timed to arrive at the reactivated or replaced USGS gage at
Dillsboro at approximately 10:30 AM.
b) East Fork Release: Sunday of Memorial Day Weekend plus Wednesday, Thursday and Sunday
for the period between Memorial Day Weekend to the first weekend in June and one of four
Saturdays in September and October for six hours, timed to arrive at the reactivated or replaced
USGS gage at Dillsboro at approximately 10:30 AM.
•
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• b. Primary Boating Periods
1) Defined - Period after the first weekend of June through Labor Day, with actual flows at about 800
cfs (as measured at the reactivated or replaced USGS gage at Dillsboro) being preferred.
2) During this time period, the Normal Generation Schedule to Support Recreation for three out of four
weeks will be:
a) West Fork Release: Tuesday, Friday, Sunday for six hours, timed to arrive at the reactivated or
replaced USGS gage at Dillsboro at approximately 10:30 AM.
b) East Fork Release: Wednesday, Thursday, Saturday plus the Monday of Labor Day Weekend for
six hours, timed to arrive at the reactivated or replaced USGS gage at Dillsboro at approximately
10:30 AM.
3) During this time period, the Normal Generation Schedule to Support Recreation for one out of four
weeks will be:
a) West Fork Release: Tuesday, Friday, Saturday for six hours, timed to arrive at the reactivated or
replaced USGS gage at Dillsboro at approximately 10:30 AM.
b) East Fork Release: Wednesday, Thursday, Sunday for six hours, timed to arrive at the reactivated
or replaced USGS gage at Dillsboro at approximately 10:30 AM.
c. Adjustin for or Significant Baseline Flows - DPNA will check the river flow daily at the reactivated or
replaced Dillsboro USGS Gage #03510500 and by doing so, DPNA can project the expected river flow at
the Dillsboro Gage during the next scheduled generation release to support recreation. When projected
baseline river flow (i.e. the flow rate at the Dillsboro USGS gage without DPNA making the scheduled
generation release to support recreation) is expected to average more than 500 cfs over the period from
10:30 AM to 4:30 PM, specific recreation flow releases from the DPNA hydropower stations can be
reduced or stopped.
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Attachment C - Hydro Project Maintenance & Emergency Protocol (HPMEP) for the West Fork
and East Fork Projects
4. By2ass Flow Releases for Recreation - Assume the new license for the West Fork Project will include
requirements for the following scheduled releases from Glenville Dam into the West Fork (Glenville)
Bypassed Reach to enhance downstream recreation:
a. Release water for six hours per day for one weekend (Saturday and Sunday) per year in April. Target
flowrate will be approximately 250 cfs each day and will begin at 10:00 AM.
b. Provide five total afternoon releases per year for six hrs each, scheduled on days in the months of May
through September. Target flowrate will be approximately 250 cfs each day and will begin at 10:00 AM.
c. Target Flowrates - The target flowrates stated above are for flowrates at the put-in point. Actual release
amounts from the Tainter gate need to be large enough that when combined with other tributary and
accretion flows, the total is as close as possible to the target flowrates.
5. Normal Operating Range for Lake Levels - Assume the new licenses for the East Fork and West Fork
projects will include the following requirements for a Normal Operating Range of lake levels (Note: All lake
levels are for the first day of the month. Levels for other days of the month can be determined by linear
interpolation):
0 a. Lake Glenville - Maintain the following Normal Operating Range:
Month Normal
Minimum
Elevation (ft) Normal Target
Elevation (ft) Normal
Maximum
Elevation (ft)
Jan 85 90 94
Feb 85 90 94
Mar 88 91 94
Apr 90 93 96
May 95 97 99
Jun 95 97 99
Jul 95 97 99
Au 93 95 98
Se 90 93 94
Oct 90 93 94
Nov 86 90 94
Dec 85 90 94
•
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Attachment C - Hydro Project Maintenance & Emergency Protocol (HPMEP) for the West Fork
and East Fork Projects
• b. Tanasee Creek & Wolf Creek Lakes - Maintain the following Normal Operating Range:
Month Normal
Minimum
Elevation (ft)
Normal Target
Elevation (ft) Normal
Maximum
Elevation (ft)
Jan 83 85 92
Feb 83 85 92
Mar 83 85 92
Apr 86 88 96
May 90 93 100
Jun 90 93 100
Jul 90 93 100
Au 90 93 100
Se 90 93 100
Oct 90 93 100
Nov 86 88 96
Dec 83 85 92
c. Bear Creek Lake - Maintain the following Normal Operating Range:
U
•
Month Normal
Minimum
Elevation (ft) Normal Target
Elevation (ft) Normal
Maximum
Elevation (ft)
Jan 91 93 98
Feb 91 93 98
Mar 91 93 98
Apr 92 95 98
May 92 98 100
Jun 92 98 100
Jul 92 98 100
Au 92 98 100
Se 92 98 100
Oct 92 96 98
Nov 92 95 98
Dec 92 94 98
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•
d. Cedar Cliff Lake - Maintain the following Normal Operating Range:
Month Normal
Minimum
Elevation (ft)
Normal Target
Elevation (ft) Normal
Maximum
Elevation ft
Jan 96 98 100
Feb 96 98 100
Mar 96 98 100
Apr 96 98 100
May 96 98 100
Jun 96 98 100
Jul 96 98 100
Au 96 98 100
Se 96 98 100
Oct 96 98 100
Nov 96 98 100
Dec 96 98 100
e. Tuckasegee Lake - Maintain lake level as needed to provide minimum flow.
•
6. Most Likely Situations - the following table identifies the assumed most likely situations when this protocol
will be enacted and the license conditions that would most likely be impacted:
Potentially Impacted License Conditions
Situation Indications Min. Generation Normal Tainter Gate
Flows in Releases for Operating Releases for
Bypassed Recreation Range for Lake Recreation
Stream Levels
Reaches
Hydro Unit Maintenance will require X X
Outage hydro unit shutdown.
Outage of Spill Maintenance will require X
Valve at Wolf interruption of scheduled
Creek Dam, minimum releases from
Spill Valve at normal locations
Cedar Cliff
Powerhouse or
the Trash Sluice
Gate at
Tuckasegee
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•
•
Potentially Impacted License Conditions
Situation Indications Min. Generation Normal Tainter Gate
Flows in Releases for Operating Releases for
Bypassed Recreation Range for Lake Recreation
Stream Levels
Reaches
Dam
Outage of Maintenance will require X X
Tainter Gate at rendering the Tainter
Glenville Dam gate inoperable.
Dam Safety Condition A or B (i.e. X X X X
Emergency dam failure has occurred,
is imminent or a
potentially hazardous
situation exists) is
declared per Emergency
Action Plan or other dam
safety concern is
identified.
Voltage or Voltage or capacity X X X
Capacity conditions on the electric
Emergency grid in the DPNA system
or the larger regional
electric grid cause
instability and electric
system failure has
occurred or is imminent.
7. Returning to Normal - All of the above situations can impact the Licensee's ability to operate the hydro
projects in their most efficient and safest manner for power production. The Licensee will therefore endeavor
in good faith to repair existing hydro project equipment and facilities and return them to service within a
reasonable period of time, commensurate with the severity of the equipment / facility repair requirements and
provided that the repairs are economically justified and funds are available for the repairs.
•
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•
8. Incidental Outages - outages of hydro project works that are very brief in nature or that require minimal if any
deviation from normal license conditions. For the purposes of this protocol, outages of 48 hrs or less duration
or that do not require deviation from any license conditions related to minimum flows in bypassed stream
reaches or the main stem of the river, flow releases for whitewater recreation or the Normal Operating Ranges
for lake levels are considered Incidental Outages and, except for the identified notifications for Incidental
Outages that impact minimum flows, are exempt from the requirements of this protocol.
9. Notification Guidance
a. Planned Maintenance - once a likely maintenance schedule has been established, the Licensee will
endeavor in good faith to provide as much advance notice as possible to the affected parties identified in
this protocol.
b. Unplanned Maintenance and Emergencies - it is not possible for the Licensee to assure any level of
advance notice. For these situations, the Licensee will endeavor in good faith to inform the affected
parties identified in this protocol within some reasonable amount of time after the situation has been
•
stabilized.
10. Preparation for High Inflow Events - With modern forecasting, it is more possible than ever to see large
precipitation events coming and to increase generation hours to reduce lake levels in order to mitigate the
potential for spilling and downstream flooding. Typically, this type of advance action is taken from one to
five days before the expected arrival of the storm. It is assumed that the Normal Operating Ranges of lake
levels will include adequate flexibility (i.e. band width) to allow for this type of lake level reduction. If the
final Normal Operating Ranges for lake levels do not provide adequate flexibility, this protocol will be
revised to account for the high inflow event preparation situation.
11. Relationship Between this Protocol and the Low Inflow Protocol - The Low Inflow Protocol (LIP) provides
for reductions in generation flows, minimum flows and recreation flow releases in bypassed stream reaches
and modification of the Normal Operating Ranges for lake levels when water demands on the lakes
substantially exceed net inflow. Except for an outage of one of the normal means of providing minimum
flows or a stuck-open Tainter gate on a dam, lowering lake levels caused by situations addressed under this
Hydro Project Maintenance & Emergency Protocol (HPMEP) will not invoke implementation of the LIP.
Also, if the LIP has already been implemented at the time that a situation covered by this HPMEP is initiated,
the Licensee will typically suspend implementation of the LIP until the HPMEP situation has been eliminated.
The Licensee may however choose to continue with the LIP if desirable.
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•
12. Peak Recreation Season - the portion of the year when boating and fishing levels are at their highest. For the
purposes of this protocol, this season is defined as April through October.
13. Critical Commercial Whitewater Recreation Periods - the portions of the Peak Recreation Season that have
the highest impact on the commercial whitewater industry that depends on these hydro projects. Loss of
whitewater recreation flows for the duration of any of these periods could damage the stability of the
whitewater recreation businesses that serve the area. For the purposes of this protocol, these periods are
defined as any period of six or more consecutive scheduled whitewater releases as noted in the Primary
Boating Periods section above.
•
14. Critical Flow Period for Stream Fish - the portion of the year when fish in the streams affected by the hydro
projects most need minimum flows or can be most impacted by higher temperature water releases from the
Tainter gates. For the purposes of this protocol, the Critical Flow Period for Stream Fish is defined as July 1
through November 30.
15. Threshold Minimum Flows - the minimum flow release amounts from hydro project works that may be
necessary to sustain aquatic communities consistent with the resource management goals and objectives for
the affected stream reaches. Since the normal minimum flow releases are for water quality and / or aquatic
species habitat enhancements, the Threshold Minimum Flows are related to and lower than the normal
minimum flow releases required by the FERC license. For the purposes of this protocol, it is assumed that the
Threshold Minimum Flows are as follows:
a. Wolf Creek Bypassed Reach - 2 cfs or inflow into Wolf Creek Lake, whichever is less, released from
Wolf Creek Dam into the Wolf Creek Bypassed Reach.
b. Main Stem of the Tuckasegee River - the normal minimum flow provided from Tuckasegee Dam (i.e.
20 cfs or inflow into Tuckasegee Lake, whichever is less) plus the following minimum flows
provided from the Cedar Cliff Spill Valve during periods of non-generation from Cedar Cliff Hydro
Station:
1) From December 1 through June 30 - 6 cfs
2) From July 1 through November 30 - 11 cfs.
•
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16. Organizational abbreviations include the NC Division of Water Resources (NCDWR), NC Wildlife
Resources Commission (NCWRC), United States Forest Service (USFS), United States Fish & Wildlife
Service (USFWS), NC State Historic Preservation Office (NCSHPO), the Eastern Band of the Cherokee
Indians (EBCI), the Tuckasegee Gorge Association (TGA), United States Geological Survey (USGS) and the
American Whitewater Affiliation (AW).
17. Voltage and Capacity Emerged - The electric transmission system serving the project area is the Duke
Power-Nantahala Area (DPNA) system. The DPNA system is connected to the larger regional electric grid
by: (a) Santeetlah 161 kV line connecting to the Tennessee Valley Authority (TVA) system and (b) two, 230
kV lines connecting to the Duke Power system near Lake Jocassee. If any one of these three electric
transmission lines fails or if a major interruption within the DPNA system occurs, the entire DPNA system
can become unstable due to inadequate capacity or voltage to support system demands. The result can include
brown-outs or black-outs of large blocks of electric customers served by the DPNA system. Also, since the
Licensee's hydro stations are the only electric generation sources that are directly tied to the DPNA system
and they do not produce enough electric capacity to meet the DPNA system's instantaneous load,
transmission system failures and overloads on the larger regional electric grid can also cause brown-outs and
black-outs within the DPNA system. Therefore, for the purposes of this protocol, a voltage or capacity
• emergency shall exist when any of the following occur:
a. The Santeetlah 161 kV line connecting the DPNA system to the TVA system is out of service
b. Either of the two 230 kV lines connecting the DPNA system to the Duke Power system is out of service
c. The DPNA system has been split by an internal system failure
d. A voltage or capacity emergency is declared by Duke's System Operating Center (SOC) or Transmission
Operating Center (TOC).
18. Safety and Electric System Integrity are of Utmost Importance - Nothing in this protocol will limit the
Licensee's ability to take any and all lawful actions necessary at its hydro projects to protect human health
and safety, protect its equipment from major damage and ensure the stability of the regional electric grid. It is
recognized that the Licensee may take the steps that are necessary to protect these things without prior
consultation or notification.
•
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• General Approach to Abnormal Situations
A. Hydro Unit Outages
1. Mitigating Actions
a. Planned Unit Outages
1) Scheduling - To the extent practical, the Licensee will avoid scheduling unit outages during the Peak
Recreation Season (which also includes the Critical Commercial Whitewater Recreation Periods) and
the Critical Flow Period for Stream Fish, unless it is likely that the equipment condition will cause a
forced unit outage if repairs are delayed.
2) Replacing Generation Recreation Releases - If the outage cannot avoid the Critical Commercial
Whitewater Recreation Periods, then the Licensee will endeavor in good faith to replace a portion of
the missed generation flows that are normally scheduled for recreation. This can be accomplished by
providing the normally scheduled release except by providing it from the other, non-outage hydro
project (e.g. if Cedar Cliff Hydro was out of service, then the West Fork hydros could provide the
scheduled release). If both the Cedar Cliff and the West Fork hydros are out of service
simultaneously, then the Licensee will consider providing at least some releases from the Tainter gate
at Cedar Cliff Hydro to replace the missed generation releases for recreation. Providing replacement
releases from a Tainter gate at Glenville Dam would only be an option if one of the normally
scheduled releases at Glenville Dam for whitewater recreation in the West Fork (Glenville) Bypassed
Reach is occurring or if a Tainter gate release is needed anyway to control the level of Lake Glenville.
If replacement releases will be provided from a Tainter gate at any of the dams and the water
temperature in subject lake at a depth corresponding to the Tainter gate sill is > 20° C, the Licensee
will:
a) Avoid scheduling replacement releases for more than two consecutive days.
b) Monitor temperatures and dissolved oxygen (DO) levels in any affected bypassed stream reach
during the Tainter gate release.
c) Stop the releases if DO levels drop below 5 mg/1(i.e. the instantaneous minimum DO level
specified by the NC State Water Quality Standards for trout waters) or if stressed or dead fish are
observed.
• d) Replace any aquatic species mortalities that are identified.
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3) Drawing Down the Affected Lake - To minimize the impacts to its electric customers, the Licensee
• may choose to draw down a lake using its hydro unit to a point where spillage from the dam is
expected to be minimized during the outage.
b. Forced Unit Outages
1) Replacing Generation Recreation Releases - If the outage impacts generation releases scheduled for
recreation during the Critical Commercial Whitewater Recreation Periods, then the Licensee will
endeavor in good faith to replace a portion of the missed generation flows that are normally scheduled
for recreation. This can be accomplished by providing the normally scheduled release except by
providing it from the other, non-outage hydro project (e.g. if Cedar Cliff Hydro was out of service,
then the West Fork hydros could provide the scheduled release). If both the Cedar Cliff and the West
Fork hydros are out of service simultaneously, then the Licensee will consider providing at least some
releases from the Tainter gate at Cedar Cliff Hydro to replace the missed generation releases for
recreation. Providing replacement releases from a Tainter gate at Glenville Dam would only be an
option if one of the normally scheduled releases at Glenville Dam for whitewater recreation in the
West Fork (Glenville) Bypassed Reach is occurring or if a Tainter gate release is needed anyway to
control the level of Lake Glenville. If replacement releases will be provided from a Tainter gate at
any of the dams and the water temperature in subject lake at a depth corresponding to the Tainter gate
sill is > 20° C, the Licensee will:
a) Avoid scheduling replacement releases for more than two consecutive days.
b) Monitor temperatures and dissolved oxygen (DO) levels in any affected bypassed stream reach
during the Tainter gate release.
c) Stop the releases if DO levels drop below 5 mg/1(i.e. the instantaneous minimum DO level
specified by the NC State Water Quality Standards for trout waters) or if stressed or dead fish are
observed.
d) Replace any aquatic species mortalities that are identified.
2. Communication with Resource Agencies and Affected Parties
a. Planned Unit Outages
1) Direct Consultation - The Licensee will consult with the NCDWR, USFWS and the NCWRC as soon
• as approximate schedule dates are determined, but at least 10 days prior to beginning any lake draw
down or the unit outage (if a drawdown of the lake will not be performed). Add the TGA President
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and AW if the outage will affect the Normal Generation Schedule to Support Recreation as noted
• above. The Licensee will consider options suggested by the identified agencies and organizations that
could lessen the impact of the outage on the environmental, cultural and human needs relative to the
hydro project.
2) General Notification- At least 10 days before beginning any lake draw down or the unit outage (if a
drawdown of the lake will not be performed), the Licensee will add the appropriate messages to its
public information website and/or its lake level phone system to inform the general public of the
outage and draw down schedule.
b. Forced Unit Outages
1) Direct Notification - The Licensee will notify the NCDWR, USFWS and the NCWRC as soon as
possible after the forced outage begins, but no longer than five days afterwards. Add the TGA
President and AW if the outage will affect the Normal Generation Schedule to Support Recreation as
noted above.
2) General Notification - As soon as possible after the forced outage occurs but no longer than five days
afterwards, the Licensee will add the appropriate messages to its public information website and/or its
lake level phone system to inform the general public of the outage and draw down schedule.
3) Direct Consultation - The Licensee will consult with the NCDWR, USFWS and the NCWRC as soon
as possible after the forced outage begins, but no longer than 10 days afterwards. Add the TGA
President and AW if the outage will affect the Normal Generation Schedule to Support Recreation as
noted above. The Licensee will consider options suggested by the identified agencies and
organizations that could lessen the impact of the outage on the environmental, cultural and human
needs relative to the hydro project.
B. Outages of the Normal Means of Providing Minimum Flows
1. Mitigating Actions
a. Planned Outages
1) Scheduling - To the extent practical, the Licensee will avoid scheduling outages during the Critical
Flow Period for Stream Fish, unless it is likely that the equipment condition will cause a forced
• outage if repairs are delayed.
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•
2) Replacing Lost Minimum Flows - If the outage cannot avoid impacting minimum flows during the
Critical Flow Period for Stream Fish, then the Licensee will endeavor in good faith to replace a
portion of the missed minimum flows in the affected stream reaches. This can be accomplished by
partially opening the Tainter gate at Wolf Creek Dam (if the outage will be for spill valve repairs at
Wolf Creek Dam ----note that this is probably only a temporary replacement means, because repair of
the valve will likely require drawdown of the lake below the Tainter gate sill), partially opening the
Tainter gate at Cedar Cliff Dam or utilizing the larger, hand-controlled flashboard at Tuckesegee
Dam. (Note: If minimum flows below Cedar Cliff are to be supplemented by partially opening a
Tainter gate at Cedar Cliff Dam and the water temperature in Cedar Cliff Lake at a depth
corresponding to the Tainter gate sill is > 20° C, the Licensee will complete the Direct Notification of
resource agencies identified in item B.2.a below before partially opening a Tainter gate).
3) Avoid Falling Below the Threshold Minimum Flows - To the extent practical, the Licensee will
avoid falling below any of the Threshold Minimum Flows as noted above. If it is determined that
100% exceedance of the Threshold Minimum Flows cannot reasonably be achieved, the Licensee will
work with the resource agencies to (a) monitor any potential aquatic species impacts in the affected
stream segments and (b) replace any aquatic species mortalities that are identified.
E b. Forced Outages
1) Replacing Lost Minimum Flows in the Bypasses - If the outage cannot avoid impacting minimum
flows during the Critical Flow Period for Stream Fish, then the Licensee will endeavor in good faith
to replace a portion of the missed minimum flows in the affected stream reaches. This can be
accomplished by partially opening the Tainter gate at Wolf Creek Dam (if the outage will be for spill
valve repairs at Wolf Creek Dam ----note that this is probably only a temporary replacement means,
because repair of the valve will likely require drawdown of the lake below the Tainter gate sill),
partially opening the Tainter gate at Cedar Cliff Dam or utilizing the larger, hand-controlled
flashboard at Tuckesegee Dam. (Note: If minimum flows below Cedar Cliff are to be supplemented
by partially opening a Tainter gate at Cedar Cliff Dam and the water temperature in Cedar Cliff Lake
at a depth corresponding to the Tainter gate sill is > 20° C, the Licensee will complete the Direct
Notification of resource agencies identified in item B.2.a below before partially opening a Tainter
gate).
2) Avoid Falling Below the Threshold Minimum Flows - To the extent practical, the Licensee will
avoid falling below any of the Threshold Minimum Flows as noted above. If it is determined that
• 100% exceedance of the Threshold Minimum Flows cannot reasonably be achieved, the Licensee will
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•
work with the resource agencies to (a) monitor any potential aquatic species impacts in the affected
stream segments and (b) replace any aquatic species mortalities that are identified.
2. Communication with Resource Agencies and Affected Parties
a. Planned Outages
1) Direct Consultation - The Licensee will consult with the NCDWR, USFWS and the NCWRC as soon
as approximate schedule dates are determined, but at least 10 days prior to beginning the outage. Add
the USFS if the outage will affect the spill valve at Wolf Creek Dam. The Licensee will consider
options suggested by the identified agencies and organizations that could lessen the impact of the
outage on the environmental and human needs relative to the hydro project. (Note that this
communication with resource agencies is also required for Incidental Outages (see definitions) that
impact minimum flows).
b. Forced Outages
1) Direct Notification - The Licensee will notify the NCDWR, USFWS and the NCWRC as soon as
•
possible after the forced outage begins, but no longer than five days afterwards. Add the USFS if the
outage will affect the spill valve at Wolf Creek Dam. (Note that this communication with resource
agencies is also required for Incidental Outages (see definitions) that impact minimum flows). If
minimum flows below Cedar Cliff are to be supplemented by partially opening a Tainter gate at
Cedar Cliff Dam and the water temperature in Cedar Cliff Lake at a depth corresponding to the
Tainter gate sill is > 20° C, the Licensee will include the following information in the Direct
Notification:
a) The actual measured lake temperature at the depth corresponding to the Tainter gate sill
b) The approximate total average daily flow in the East Fork of the Tuckasegee River just upstream
of its confluence with the West Fork of the Tuckasegee River
c) The targeted amount of the Tainter gate release.
2) Direct Consultation - The Licensee will consult with the NCDWR, USFWS and the NCWRC as soon
•
as possible after the forced outage begins, but no longer than 10 days afterwards. Add the USFS if the
outage will affect the spill valve at Wolf Creek Dam. The Licensee will consider options suggested by
the identified agencies and organizations that could lessen the impact of the outage on the
environmental and human needs relative to the hydro project.
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C. Tainter Gate Outages
•
1. Mitigating Actions
a. Planned Outages
1) Scheduling - To the extent practical, the Licensee will avoid scheduling outages of the Tainter gate at
Glenville Dam that conflicts with dates scheduled for Tainter gate releases for whitewater boating in
the West Fork (Glenville) Bypassed Reach, unless it is likely that the equipment condition will cause
a forced outage if repairs are delayed.
2) Replacing Lost Whitewater Releases from the Tainter Gate - If the outage cannot avoid a loss of
scheduled whitewater releases from the Tainter gate at Glenville Dam, then the Licensee will
endeavor in good faith to reschedule the releases from the Tainter gate during the current Peak
Recreation Season at Glenville Dam to replace the missed releases that are normally scheduled for
recreation.
3) Drawing Down the Affected Lake - To minimize the impacts to its electric customers as well as to
minimize the risk of performing the work, the Licensee may choose to draw down the affected lake
using the hydro unit to a point where spillage from the dam is expected to be minimized during the
outage.
b. Forced Outages
1) Replacing Lost Whitewater Releases from the Tainter Gate - If the outage will cause a loss of
scheduled whitewater releases from the Tainter gate at Glenville Dam, then the Licensee will
endeavor in good faith to reschedule the releases from the Tainter gate during the current Peak
Recreation Season at Glenville Dam to replace the missed releases that are normally scheduled for
recreation. (Note: If the rescheduled releases will occur during the Critical Flow Period for Stream
Fish and the water temperature in Lake Glenville at a depth corresponding to the Tainter gate sill is >
20° C, the Licensee will complete the Direct Notification of resource agencies identified in item C.2.a
below before making the rescheduled Tainter gate release).
2) Drawing Down the Affected Lake - To minimize the impacts to its electric customers as well as to
minimize the risk of performing the work, the Licensee may choose to draw down the affected lake
using the hydro unit to a point where spillage from the dam is expected to be minimized during the
• outage.
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•
2. Communication with Resource Agencies and Affected Parties
a. Planned Outages
1) Direct Consultation - If the outage will impact scheduled releases from the Tainter gates for
whitewater boating in the West Fork (Glenville) Bypassed Reach, the Licensee will consult with the
NCDWR, NCWRC, USFWS, the President of the TGA and AW as soon as approximate schedule
dates are determined, but at least 10 days prior to beginning the outage. The Licensee will consider
options suggested by the identified agencies and organizations that could lessen the impact of the
outage on the environmental, cultural and human needs relative to the hydro project.
2) General Notification- At least 10 days before beginning an outage that will cause a loss of scheduled
whitewater releases from the Tainter gate, the Licensee will add the appropriate messages to its public
information website and/or its lake level phone system to inform the general public of the outage and
any rescheduled Tainter gate releases for whitewater recreation.
•
b. Forced Outages
1) Direct Notification - If the outage will impact scheduled releases from the Tainter gate for whitewater
boating in the West Fork (Glenville) Bypassed Reach, the Licensee will notify the NCDWR,
USFWS, NCWRC, the TGA President and AW as soon as possible after the forced outage begins, but
no longer than five days afterwards. If the rescheduled Tainter gate releases will occur during the
Critical Flow Period for Stream Fish and the water temperature in Lake Glenville at a depth
corresponding to the Tainter gate sill is > 20° C, the Licensee will include the following information
in the Direct Notification:
a) The actual measured lake temperature at the depth corresponding to the Tainter gate sill
b) The approximate total average daily flow in the West Fork (Glenville) Bypassed Reach just
upstream of its confluence with Tuckasegee Lake
c) The targeted amount (cfs), duration (hrs per day) and number of rescheduled days of the Tainter
gate release.
2) General Notification - If the outage will impact scheduled releases from the Tainter gate for
•
whitewater boating in the West Fork (Glenville) Bypassed Reach, within five days following the start
of the outage, the Licensee will add the appropriate messages to its public information website and/or
its lake level phone system to inform the general public of the outage and any rescheduled Tainter
gate releases for whitewater recreation.
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• 3) Direct Consultation - If the outage will impact scheduled releases from the Tainter gate for
whitewater boating in the West Fork (Glenville) Bypassed Reach, the Licensee will consult with the
NCDWR, NCWRC, USFWS, the President of the TGA and AW as soon as possible after the outage
occurs, but no longer than 10 days afterwards. The Licensee will consider options suggested by the
identified agencies and organizations that could lessen the impact of the outage on the environmental,
cultural and human needs relative to the hydro project.
D. Dam Safety Emergency
1. Mitigating Actions
a. Safety Must Come First - If a Condition A or B is declared per the Licensee's Emergency Action Plan, or
other dam safety concerns arise, the Licensee may modify or suspend any license conditions immediately
and for as long as necessary to restore the dam to a safe condition.
2. Communication with Resource Agencies and Affected Parties
•
a. Direct Notification - Conducted strictly in accordance with the Licensee's Emergency Action Plan. In
cases where dam safety concerns arise that are not a Condition A or B per the Licensee's Emergency
Action Plan, consultation with resource agencies and affected parties will occur as soon as possible, after
the dam safety concern arises.
b. Once Dam Safety Conditions Have Stabilized - The Licensee will add the appropriate messages to its
public information website and/or its lake level phone system to inform the general public of the situation
and any expected return to normal operation.
E. Voltage and Capacity Emergencies
1. Mitigating Actions
a. Suspension of the Normal Operating Range for Lake Levels - If a voltage or capacity emergency (as
defined above) occurs, the Licensee may modify or suspend lake level operating limitations immediately
• and for as long as necessary if doing so would allow additional hydro station operation that is needed to
restore the electric grid to a stable condition.
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• b. Conserving Water for Power Generation - If a voltage or capacity emergency (as defined above) occurs
and if it is expected to continue for an extended period of time (e.g. two weeks or more), the Licensee
may reduce minimum flows to the Threshold Minimum Flows (as defined above) and may modify or
suspend any scheduled Tainter gate releases to support whitewater recreation in the West Fork (Glenville)
Bypassed Reach if taking those actions is necessary to maintain the water inventory in project reservoirs.
c. Replacing Lost Whitewater Releases from the Tainter Gate - If scheduled whitewater releases from the
Tainter gate at Glenville Dam is lost, then once the emergency is over, the Licensee will endeavor in good
faith to reschedule the releases from the Tainter gate during the current Peak Recreation Season at
Glenville Dam to replace the missed releases that are normally scheduled for recreation.
2. Communication with Resource Agencies and Affected Parties
a. Direct Notification - The Licensee will notify the NCDWR, USFWS and the NCWRC as soon as possible
following a deviation from license conditions for voltage or capacity emergency reasons (add the TGA
President and AW if Tainter gate releases for recreational purposes are impacted) (add the USFS if lake
levels at Wolf Creek Lake or Tanasee Creek Lake or minimum flows from Wolf Creek Dam are affected),
but no longer than five days afterwards.
b. General Notification - Within five days following the start of the emergency deviation, the Licensee will
add the appropriate messages to its public information website and/or its lake level phone system to
inform the general public of the situation and any expected dates for return to normal operations.
c. Direct Consultation - The Licensee will consult with the NCDWR, USFWS and the NCWRC as soon as
possible following a deviation from license conditions for voltage or capacity emergency reasons (add the
TGA President and AW if Tainter gate releases for recreational purposes are impacted) (add the USFS if
lake levels at Wolf Creek Lake or Tanasee Creek Lake or minimum flows from Wolf Creek Dam are
affected), but no longer than 10 days following such deviation. The Licensee will consider options
suggested by the identified agencies and organizations that could lessen the impact of the emergency on
the environmental, cultural and human needs relative to the hydro project.
Attachment C. HPMEP for the WF and EF Projects.doc
19 Rev.: DRAFT 10115103
Attachment D. Shoreline Management Program Documents - Shoreline Management Guidelines
• DUKE POWER NANTAHALA AREA (DPNA)
SHORELINE MANAGEMENT GUIDELINES (SMG)
Effective Date July 1, 2003
This statement of Duke Power, Nantahala Area's (DPNA) Shoreline Management
Guidelines (SMG) applies to all reservoirs owned by Duke Power in the Nantahala area,
with the following exception. On the smaller DPNA reservoirs: Tennessee Creek,
Queens Creek, Mission, Franklin (Emory), Bryson (Ela), Tuckasegee and Dillsboro,
pier/docking regulations will not apply. Due to their small size and/or environmental
concerns, pier/docks will not be permitted on these seven (7) reservoirs. In general,
property owned by DPNA includes the lakes, dams, power plants, substations, all land
below the full pool elevation of the reservoir and in most cases the land extending ten
(10) vertical feet above the full pool elevation of the reservoir (Figure 1). All DPNA
property lines above full pool elevation extend vertically. This means that the linear
distance varies depending on topography. All properties, owned by Duke Power, around
the DPNA reservoirs lie with-in the federally licensed project boundary for each
individual hydroelectric project. As such they are subject to rules and regulation as
described in the Federal Operating Licenses for these projects.
Statement of Purpose: These Shoreline Management Guidelines set forth the rights
and limitations as to the use of DPNA's shoreline properties. These guidelines are
designed to:
1. Meet DPNA's regulatory requirements.
2. Protect DPNA's generation interests.
3. Protect the scenic and environmental value of DPNA's shoreline property.
4. Provide recreational benefits to the general public.
5. Provide a guide to adjacent property owners on permitted uses of DPNA
properties.
DPNA reserves the right to make minor alterations to these guidelines without public
notice or resource agency or FERC review to ensure permitting flexibility in the
continuous monitoring and regulation of lake use permitting activities. DPNA expects to
make major revisions to the SMG's periodically and input from agencies and other
interested stakeholders through the use of a focus group concept has proven an effective
way to allow additional input. DPNA expects to convene a focus group of interested
stakeholders prior to making major revisions to the SMG's. Additionally, FERC can
mandate modifications to the guidelines as provided for in the land use article standard in
new licenses. The land use article requires development of guidelines for use of project
lands and waters.
Use of DPNA Shoreline Property
A. Regulations. The Federal Energy Regulatory Commission (FERC) regulations
provide that DPNA shall allow its lakes to be used for recreational
purposes, subject to certain restrictions. In that regard, DPNA establishes rules
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Attachment D. Shoreline Management Program Documents - Shoreline Management Guidelines
for the use of the lakes which, in DPNA's opinion, are for the benefit of the
greater good. Accordingly, DPNA has provided or has allowed others to
provide public access areas with ramps for boating access to the lakes. In
addition, the lakes may be used for fishing, boating, swimming, and other
recreational activities consistent with these guidelines. Access to
the lakes and the launching of boats is limited to the designated public
recreation areas, public boat ramps, and approved public and private facilities.
B. Use of DPNA property by the general public. In general DPNA's
shoreline property is available for use by the general public, subject to the
following limitations:
1. Walking, picnicking, swimming and bank fishing is allowed on all DPNA
property not otherwise restricted.
2. Camping on DPNA property is limited to areas that are clearly
designated and designed for such activities.
3. Designated picnicking and swimming areas may also be specifically
designated for such activities. These additional designated areas are
clearly marked as Day Use Only.
4. Pier/docks, steps and/or other structures, except in areas designated as
public access areas, are privately owned. Any use of these facilities, by
the general public, is at the sole discretion of the owner.
C. Use of DPNA property by adjacent property owners. In general the
Owners or lease holders of property directly adjacent to DPNA's shoreline
property enjoy the same rights and privileges as afforded the general public.
However the adjoining property owners may, with proper written approval, be
considered for expanded privileges as follows:
1. May apply for lake use permitting activities (e.g. private piers/docks,
shoreline stabilization, etc.) provided they are the owner of the tract of
land immediately adjoining the project boundary. Lake Management
will hold the applicant fully responsible for the permitted reservoir use
(including maintaining structures in good repair). This responsibility is
considered to transfer along with ownership of the adjoining property.
2. May keep and maintain a walkway, as approved by DPNA, from their
property to the shoreline of the lake.
3. May keep and maintain a floating pier/dock and access steps provided
these structures are properly permitted and meet all specifications and
requirements of these Shoreline Management Guidelines. However,
DPNA does not guarantee that all adjacent property owners will be
eligible to receive a permit for a pier/dock. Pier/dock permits may be
denied because of environmental or safety concerns or because of lot
size or location or boating capacity limitations and other reasons DPNA
may deem appropriate. See Exhibit 2 for pier/dock specifications.
4. May keep and maintain access steps to the pier/dock. Design drawings
for new or rebuilt steps must be submitted and approved by DPNA prior
to installation. Steps must be anchored properly with the minimal
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Attachment D. Shoreline Management Program Documents - Shoreline Management Guidelines
•
amount of intrusion into the full pond contour that still provides safe
access to the pier/dock.
5. May with prior written approval, remove vegetation in accordance with
the Duke Power Nantahala Area Vegetation Management Requirements
(see Exhibit 1).
6. May with proper approval, install rip-rap rock, dry stacked boulder wall,
or other environmentally friendly erosion control methods along the
shoreline directly in front of their adjacent property. See Exhibit (3) for
shoreline stabilization and erosion control specifications. Rip-rap must
be placed along the base of all dry stacks with a minimum depth of one
foot and a slope of 2 to 1 with a three foot base at the lakebed dry stack
interface.
DPNA does not recognize walk easements over adjoining property as
ownership of that property; therefore holders of such easements are not eligible
to obtain a pier/dock permit. Holders of such walk easements are subject to the
same rights to use DPNA property as is afforded the general public.
D. Limitations. Certain activities are prohibited because of the DPNA
lakes small size, environmental concerns, boating capacity limitations, safety
considerations and other reasons..
These include:
•
1. Cabin or house boat. Enclosed vessels or vessels that could be used
for habitation may not be moored overnight on any of the DPNA lakes.
2. Seaplanes. With the exception of those used by local, state, or federal
agencies for fire, law enforcement and/ or rescue purposes, seaplanes
are not permitted on any DPNA lakes.
3. Ski courses. Unless a part of an authorized Special Event, ski courses
are not permitted on DPNA Lakes.
4. Buoys, buoy lines. Buoys and buoy lines, other than those installed by
DPNA or an authorized governmental agency, are not allowed on
DPNA lakes.
5. Floating trampolines and other large floating water toys. Floating
trampolines and other large floating water toys may not be placed on
DPNA lakes.
6. Swim platforms. Swim platforms or other structures that are not
permenantly attached to an approved pier/dock are prohibited on DPNA
lakes.
7. Special Events. Ski competitions, boat races, fireworks displays or
other organized special events may be held on DPNA property provided
they are approved, in writing, in advance by DPNA. Approval of such
events will be subject to any conditions that DPNA may, at its
discretion, require. DPNA may also approve other activities or uses
•
which, at DPNA's discretion,
recreational use of the lakes.
state or federal authorization.
Attachment D. Shoreline Management Guidelines
will enhance the general publics
Special Events may also require local,
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Attachment D. Shoreline Management Program Documents - Shoreline Management Guidelines
8. Boat ramps. No new boat launch facilities will be allowed except those
• that enhance recreational opportunities for the general public.
9. Marine Sanitation Devices. No discharge of waste (either treated or
untreated) is authorized from any watercraft on any DPNA
lake.
E. Public Recreation Areas. In keeping with DPNA's commitment to provide
public recreation opportunities, certain shoreline areas have been
set aside and designated as Public Recreation Areas. These areas are set aside
to provide access to the general public for one or more of the following
activities: picnicking, swimming, bank fishing and or camping. No piers/docks
may be installed in areas designated for public recreation except those installed
for the express purpose of enhancing the recreational value of the area for the
general public. Maps showing the exact location of these Public Recreation
Areas are posted at all public access areas and are available through DPNA's
Lake Management Office.
F. Vegetation Management. Vegetation management and maintenance of
vegetated terrestrial and riparian areas is an important factor in protecting and
enhancing a lake's values. Riparian and terrestrial areas primarily filter runoff
and can help reduce shoreline erosion when vegetation extends to and/or below
the shoreline, thus helping to reduce sedimentation and protect water quality.
They also provide wildlife corridors and habitat and can enhance recreational
opportunities. Protection of areas (riparian and terrestrial) for wildlife
movement is considered important by state and federal wildlife resource
agencies concerned with the potential for development adjoining these
environmentally important areas. Therefore, DPNA in consultation with
various lake stakeholders, including resource agency personnel and private
project-front property owners, developed requirements to protect riparian
wildlife corridors on shoreline property owned by DPNA that is also within the
FERC project boundary, with consideration given to impacts to private
landowners with property adjoining the project boundary. DPNA encourages
adjoining property owners to replant or allow the re-establishment of native
vegetation in areas within the project boundary where it has been removed.
Reference Exhibit 1 for vegetation management requirements.
G. Restricted Areas.
1. DPNA prohibits access to certain areas because of safety
considerations. Such areas are posted. They include areas near dams
and spillways, buildings containing control devices and machinery,
and areas near the intake or pipe used to withdraw water form the
reservoir. All such areas are well marked. Violation of the restricted
areas will subject the offender to prosecution under the trespass laws
of the State of North Carolina.
2. Access to other property owned by DPNA may be restricted because
of environmental concerns or regulation, regulations imposed by the
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Attachment D. Shoreline Management Program Documents - Shoreline Management Guidelines
Federal Energy Regulatory Commission (FERC) or other regulatory
• agencies, or other reasons requiring the limiting or denying of access
to those areas or otherwise required by law.
H. Archaeological and Historical Resources. DPNA has developed guidelines
to protect known and unknown archaeological and historic resources that may
be affected by the implementation of the SMG's. For purposes of
implementing these SMG's, the Eastern Band of Cherokee Indians Tribal
Historic Preservation Office (THPO) has the same consultation status as the
North Carolina State Historic Preservation Office (SHPO). In the event that
an applicant discovers historic or archaeological resources during construction
of an approved activity, the applicant must stop work immediately and contact
Lake Management. In the event that anyone discovers a potential grave site
within the project, the individual must immediately notify Lake Management.
DPNA encourages anyone who sees artifact collecting to notify local law
enforcement personnel. Applicants for lake use permits in areas with a
moderate to high probability for archaeological and historical sites may be
required to conduct additional consultation with the THPO.
Applicants for lake use permitting activities that involve ground-disturbing
activities (e.g. shoreline stabilization, spud poles, pilings, etc.) in areas with a
moderate to high probability for historic properties within the project
boundary of Cedar Cliff Reservoir must consult with the THPO. A separate
• form (available from DPNA) and any supporting information must be
submitted to the THPO for activities of this type on Cedar Cliff Reservoir.
II. Policy Pertaining to Islands
Several of the DPNA Reservoirs contain islands. On some of the larger islands,
DPNA's property line only extends ten (10) vertical feet above the full pool
elevation of the reservoir. Any access beyond that point is subject to the control
of the property owner. On islands containing privately owned lands, usage of
DPNA property by the general public is subject to the same regulations as listed
in section I.B of this policy.
In general, other islands that are entirely owned by DPNA are available to the
general public for Day Use activities such as bank fishing, swimming, picnicking,
etc. Unless otherwise posted, camping is not allowed on DPNA -owned islands.
III. Policy Pertaining to Pumps and Water Removal
DPNA will permit adjacent property owners to install pumps to remove reservoir
water for irrigation purposes or home usage, subject to the following restrictions:
A. Pumps are limited in size to a volume rating of 5 gallons per minute.
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Attachment D. Shoreline Management Program Documents - Shoreline Management Guidelines
B. Submersible well pumps are allowed provided installation, wiring and
• water quality requirements along with all federal, state, and local code
regulations are met.
C. Except for submersible pumps and associated wiring listed above, no
pumps, pressure tanks, wiring, filter equipment, buildings or any apparatus
associated with the pumping operation, other than intake piping, may be
installed on DPNA property.
D. Removing water for home usage will be permitted only if the property
owner can verify previous unsuccessful attempts to find water on his own
property.
DPNA will permit organized fire fighting organizations to remove reservoir water
for fire suppression purposes. There is no limitation for pump volume for
specific fire suppression events. Dry hydrants may be installed within the
reservoir provided application is made by letter of request and approved by
DPNA. DPNA will allow access to the reservoir's waters via the DPNA-owned
public access area boat ramps for emergency fire suppression events.
IV. Policy Pertaining to Commercial Operations
No commercial marina, boat leasing facility, pier/dock construction facility or any
® other commercial activity is allowed on DPNA property unless properly approved
and permitted. Applications for commercial operations may also require
contacting the appropriate federal, state and local agencies and approval by
the Federal Energy Regulatory Commission (FERC).
V. Activities Not Controlled by DPNA
Certain activities or access to the reservoirs are subject to regulation and control
of governmental agencies and are beyond DPNA's control. These include:
A. Motor boats and personal watercraft. These vessels and their use are
regulated and controlled by applicable State of North Carolina and county
laws, ordinances, and regulations.
B. Waste and water discharge into a lake. These are regulated by the N.C.
Department of Environment and Natural Resources and the U.S. Army
Corps of Engineers. No discharge facilities can be placed on DPNA
Power property unless all appropriate permits have been obtained.
VI. Lake Uses/Activities That Are Prohibited
The following acts or activities are prohibited on DPNA property. Persons found
to be in violation of any of these will be subject to DPNA sanctions which can
include: 1) restoration of the impacted area; 2) loss of consideration of any future
• lake use permitting activities of up to five years for improper vegetation removal
Attachment D. Shoreline Management Guidelines 6 Rev: DRAFT 10/15/2003
Attachment D. Shoreline Management Program Documents - Shoreline Management Guidelines
or until vegetation is satisfactorily re-established (even if there is a change in
• property ownership); 3) revocation of a previously issued permit and loss of
consideration of any future lake use permitting activities and/or reinstatement of
the revoked permit; 4) increase in fees; 5) modification or removal of non-
complying structures; and/or 6) further legal action being taken by DPNA.
A. Scenic Protection.
• Advertising and other signs, except for inconspicuous manufacturer's
labels on permitted structures, small "No Trespassing-Privately Owned"
signs attached to a permitted pier/dock or "For Sale" signs on boats
docked at DPNA-approved structures.
• Deposit or burning of brush, leaves or other refuse, except as necessary to
support public facility construction and maintenance.
• Satellite dishes or other fixed communications antennas, except as
necessary to support DPNA-approved public facilities.
• Destruction, injury, or defacement of DPNA property.
• Unauthorized alteration of DPNA property.
B. Environmental Protection.
• Septic tanks, septic drain lines and drain fields, toilet facilities, sinks,
• water faucets, showers nor any other type of device that could produce a
wastewater discharge, except for certain Commercial Facilities, Public
Recreation Facilities or Conveyance Facilities necessary for waste
disposal (e.g. marine pumpout facilities).
• Stormwater inlet pipes and their associated settling basins.
• Stormwater outlet pipes and their associated energy dissipaters (not
including the final rip rap or concrete-lined channel).
• Fixed fuel delivery \ storage devices anywhere other than at Commercial \
Non-Residential Facilities, Public Infrastructure Facilities or Project Use
Facilities that are specifically approved for that use.
• Washing, painting or resurfacing of vehicles or watercraft.
• Docking of houseboats actually used for human habitation.
• Any portion of a private dwelling, including attached porches and decks.
• Swimming pools, except at Public Recreational Facilities specifically
approved for that use.
• Camping, except in designated areas or where specifically approved at
Commercial Facilities or Public Recreational Facilities.
• Littering or dumping of trash and debris.
•
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Attachment D. Shoreline Management Program Documents - Shoreline Management Guidelines
• Motorized vehicles except as allowed as part of an approved stabilization
• or storm debris cleanup project, launching/retrieving boats at approved
public or private recreation facilities or as necessary for project operation
or licensee operational activities, fire fighting and/or emergency response
activities.
• Abandonment of personal property, including but not limited to vehicles,
watercraft, boat trailers, lake use facilities and building materials.
• Filling or dredging within any DPNA reservoir.
• Removal of any type vegetation not provided for in the DPNA Vegetation
Management Requirements or planting of any non-native vegetation.
• Destruction, alteration, or tampering with any informational or boundary
sign.
• Unauthorized posting of any type signage.
• Burning of any material or debris is prohibited. Small camp fires are
allowed only in designated areas.
• Firewood is not to be obtained from Duke Power property or any adjacent
. private property except by the property owner.
• All unauthorized commercial activities.
• Placing any unauthorized structure on DPNA property.
• Unauthorized removal or placement of any unauthorized materials (sand,
rock, trees, etc.) below reservoir full pool elevation.
• Failure to obtain a permit or comply with the conditions of a permit.
• Unauthorized use of lands or waters for agriculture or aquaculture
purposes.
• Placement of any non-native aquatic vegetation or unauthorized removal
of any aquatic vegetation from within the project boundary or DPNA
property.
• Mooring of any watercraft, not attached to a pier/dock, on DPNA property
for a period greater than five (5) consecutive days.
• Failure to comply with any of the regulations set forth in these Shoreline
Management Guidelines.
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Attachment D. Shoreline Management Program Documents - Shoreline Management Guidelines
C. Public Recreation Opportunity Protection.
• • Any use that violates an applicable federal, state or local law or regulation.
Examples include but are not limited to nudity, illegal discharge of
firearms or fireworks, controlled substance abuse, public drunkenness,
public urination or defecation, or other activities determined to be a
nuisance by law enforcement officials.
• Pens, kennels, fences or other facilities for the housing and care of pets
and/or livestock.
• Fences, except as necessary to confine livestock watering to a small area
of the shoreline or to fence out nuisance animals (e.g. geese, beavers, etc.).
• Docking, take-off or landing of seaplanes, except for specifically approved
firefighting water carriers or approved project use activities.
• Any structure having enclosed walls beyond a minor storage closet, except
for Project Use Facilities with specific needs justifying enclosed walls.
• Causeways, dams or dikes that would cut off the backs of coves or would
otherwise potentially impact navigation.
• Wells, except where necessary to support an approved Project Use
Facility.
• Rope swings, cables, platforms or spring boards used for diving and
swimming that are located outside of Public Recreation or Commercial
Facilities specifically approved for that use.
D. DPNA Business Management.
Any use that violates an applicable federal, state or local law or regulation.
Any other use that is determined to be unacceptable by DPNA, in its sole
discretion.
VII. 3-step Review Process for All Lake Use Permit Activity Requests.
DPNA Lake Management staff utilizes a 3-step review process for all lake use
permit activity requests. Each request is evaluated based upon review of the
applicable Lake Use Policy Statements (LUPS), review of the Shoreline
Management Plan (SMP) maps (if applicable), and compliance with the DPNA
Shoreline Management Guidelines (SMG). A lake use permitting process review
flowchart for a typical private pier/dock or stabilization activity request is
included in Exhibit 6.
The LUPS delineate the types of access and activities that may be allowed on all
reservoirs owned or managed by DPNA based upon license requirements (for all
licensed hydro reservoirs); and/or federal, state, and local regulations; and
specific business management objectives. These policy statements cover not only
• reservoirs in the DPNA but also all other reservoirs owned or managed by Duke
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Attachment D. Shoreline Management Program Documents - Shoreline Management Guidelines
Power. This fact coupled with the strategic business sensitivity of these
• statements requires that these documents remain internal to DPNA. Specific
license or other regulatory requirements that also are a part of these policies are
publicly available in the specific regulation.
The SMP presents on a set of maps the results of the shoreline habitat
classification survey to reflect current development of the shoreline and the
existing habitats developed in consultation with the wildlife resource agencies
and other lake stakeholders. The SMP includes not only the habitat
classifications but also the lake use restrictions associated with the important
habitat types. The SMP is a tool that can be used by DPNA, the resource
management agencies, the Federal Energy Regulatory Commission (FERC) and
others for review of requests for utilization of the Project and its resources.
The SMG are a set of detailed procedures and criteria to regulate activities within
reservoirs owned or managed by DPNA. Implementation of the guidelines
assures: (1) the Project's scenic, recreational, environmental and cultural
resource values are protected and enhanced; (2) DPNA's power generation
interests are protected; and (3) regulatory requirements are addressed. The
development of permitting guidelines is a requirement of the standard land use
articles in the licenses granted to DPNA for its licensed projects. These
guidelines are provided for information only in Appendix- of the application
to relicense. DPNA reserves the right to make minor alterations to these
guidelines without public notice or resource agency or FERC review to ensure
permitting flexibility in the continuous monitoring and regulation of lake use
permitting activities. DPNA expects to make major revisions to the SMG's
periodically and input from agencies and other interested stakeholders through
the use of a focus group concept has proven an effective way to allow additional
input. DPNA expects to convene a focus group of interested stakeholders prior to
making major revisions to the SMG's. Additionally, FERC can mandate
modifications to the guidelines as provided for in the land use article standard in
new licenses. The land use article requires development of guidelines for use of
project lands and waters.
The 3-step review process (LUPS >SMP>SMG) involves consultation of the
LUPS to ensure the proposal is allowed on the subject reservoir. The SMP
review ensures the proposal is allowed along a general portion of the reservoir
shoreline and is consistent with the lake use restrictions associated with each
shoreline classification for that part of the reservoir. The SMG review only
allows an activity that can be conducted based on the specific characteristics of
the site and compliance with the applicable permitting criteria. In summary, the
3-step review process focuses the review from the reservoir down to the specific
site along the reservoir shoreline.
In summary, the Lake Use Policy Statements for the DPNA allow for the review
• of proposals for the four basic types of lake access: 1) Private Access; 2) Public
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Attachment D. Shoreline Management Program Documents - Shoreline Management Guidelines
Recreational Access; 3) Public Infrastructure Access; and 4) Business/Industrial
• Access on the lakes with existing private and business development including
Cedar Cliff, Bear Lake, Wolf Lake, Nantahala Lake and Lake Glenville. DPNA
will not authorize any additional private access on the remaining smaller
impoundments including Tennessee Creek, Lake Emory, Dillsboro Pond, Lake
Ela, White Oak Pond, Dicks Pond, Mission Pond, Tuckasegee Pond and Queens
Creek Lake. Public recreational access on the smaller impoundments will be
allowed as required to meet FERC licensing commitments. Public infrastructure
and business/industrial access will be allowed in accordance with the standard
land use articles included in the license for each of the smaller impoundments.
VIII. Implied Uses of DPNA Property Within the Project Boundary
1. There are some lake uses that are implicit parts of DPNA's lake access
philosophy and therefore do not require any specific written permission from
DPNA. These implicit uses include:
¦ Ingress and egress by adjoining property owners to view the lake
or to access DPNA-approved lake use facilities, either for their use or for
facility maintenance or facility emergency repair.
¦ Pursuit of any lawful public recreation activity within the FERC
project boundary of a licensed lake or the full pond contour of an
unlicensed lake that does not violate DPNA's Public Safety Plan, create a
• public nuisance as declared by law enforcement officials, create a public
health/safety hazard or otherwise endanger people or trespass on or
damage property. Exceptions are any public recreation activity specifically
identified as not being allowed, or restricted to a certain area by the SMG's
or DPNA, or that requires DPNA's written approval.
¦ Placement and maintenance of signage and other minor devices
that are not part of DPNA's Public Safety Plan (e.g. navigation channel
markers, buoys marking submerged natural hazards, water quality
monitoring buoys, etc.) and any other lawful activity necessary for the
execution of routine duties by any federal, state or local government
agency or group directly involved in emergency response, law
enforcement, environmental management, public recreation management,
public health management, lake user education or other lake management
support functions.
IX. Authority and Responsibility of Lake Use Permit Applicants
Except for the implicit uses discussed above in the guidelines, all other lake uses
must be authorized in writing by DPNA through one of the lake use permitting
programs. Occasionally, questions arise concerning what exactly the applicant is
getting when they get an approved lake use permit from DPNA. DPNA has
incorporated some type of user's agreement (e.g. Applicant's User Agreeemnt
letter for private facilities and shoreline stabilization), lease (e.g. commercial and
private marina facilities) or easement (e.g. intake, bridge, etc.) document in the
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Attachment D. Shoreline Management Program Documents - Shoreline Management Guidelines
vast majority of lake use permits the company issues in an effort to ensure
• applicants understand ownership and maintenance responsibilities and their
authority with regard to controlling actions of others within the lake area. The
following information also helps clarify those issues.
A. Facility Ownership and Responsibility
The applicant is the owner of the approved lake use facility once it is complete.
DPNA holds the applicant completely responsible for:
• The safety of themselves and others they allow to use the facility (i.e.
use at your own risk).
• Payment of any applicable fees and taxes.
• Maintaining the facility in a state of good repair.
• Ensuring the facility does not create a public nuisance, public health or
safety hazard.
• Ensuring the facility remains in compliance with all applicable federal,
state and local regulations and codes, as well as directives of the
FERC, DPNA, and any jurisdictional agency, including modification
of the facility in the future if necessary.
• Removing the facility in its entirety and restoring the disturbed area as
necessary at their own expense should the facility's use be
discontinued, or if directed to do so by DPNA or any entity having the
legal authority to do so.
If ownership of the adjoining property changes, then responsibility for the
approved lake use also changes and becomes automatically the responsibility of
the new owner. Facility owners must contact DPNA to get the applicable permits
transferred to the new owner when property ownership changes. Note that some
types of lake uses require written transfer of lease/easement/user's agreement
documents when property ownership changes.
B. Ownership and Rights in Land
DPNA lake use permits do not transfer fee title to any land.
The Private Facilities and Shoreline Stabilization Programs' permits are simply
permission to use the applicable land for construction, operation, use and
maintenance of the approved structure. Consistent with the user's agreement, if
the permit is cancelled by DPNA, the permittee may be required to remove the
structure and restore the disturbed area at their own expense.
•
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The Commercial Facilities and Conveyance Programs have leases or easements
• (except for water rights tracts which have user's agreements). These programs
generally result in much larger facilities or facilities with a much greater potential
for impact than the Private Facilities or Shoreline Stabilization Programs. To limit
company liabilities and comply with the Standard Land Use Articles, DPNA uses
leases and easements to assign the minimal property rights necessary to construct,
operate, use and maintain the approved facility. These conveyance documents will
also have a specified term and a cancellation clause covering what happens if the
agreement is cancelled or not renewed at expiration.
C. Authority to Control Uses of Others
Lake use permit holders have the authority to prevent others from trespassing on
the structures they have built.
X. Caution
There are some areas of the lake where facilities may not be permitted because of
environmental considerations, development patterns, physical lake characteristics,
boating capacity limitations or other reasons. Where applicable these areas may
be identified in DPNA licensing documents.
•
There are exisiting structures and improvements permitted by Nantahala Power &
Light (predecessor to DPNA ) which are not compatible with the requirements as
contained herein. These structures may be maintained though their use does not
conform with these guidelines. These structures will not be tagged by Lake
Management as being permitted. When it becomes necessary to replace a
previously unapproved non-complying structure, the new structure must comply
with the guidelines that are in effect at the time of the replacement.
Since every possible situation cannot be anticipated, Lake Management reserves
the right to make special rulings in cases not specifically covered by these
guidelines.
XI. Consequences for Violations
Lake Management representatives will issue Stop Work Directives for any
violations that are detected within the project boundary of a reservoir.
Consequences for violations will include one or more of the following:
• Unwanted delays.
• Loss of security deposits.
• Suspension or cancellation of approved applications.
• Increases in fees.
•
• Modification or removal of non-complying structures and
restoration of disturbed areas at the owner's expense.
• Loss of any consideration for future reservoir use applications.
• Specific penalties:
Attachment D. Shoreline Management Guidelines 13
Rev: DRAFT 10/15/2003
Attachment D. Shoreline Management Program Documents - Shoreline Management Guidelines
Specific penalties (examples):
• Unauthorized major cutting of the buffer (no existing pier/dock): Restoration
with approved native vegetation. Loss of consideration for lake use
permitting activities for up to 5 years depending on severity and subject to
successful plant restoration.
• Unauthorized major cutting of the buffer (existing pier/dock): Removal of the
pier/dock from project property and restoration with approved native
vegetation. Loss of consideration for lake use permitting activities for up to 5
years depending on severity and subject to successful plant restoration.
• Unauthorized minor cutting of trees within the buffer: Restoration as required
in the Duke Power Nantahala Area Vegetation Management Requirements for
approved tree removal.
• Refusal to remove an unapproved, dilapidated or unsafe structure: Removal
of the structure from the project property by DPNA. Loss of consideration for
lake use permitting activities until cost of removal, which includes all removal
costs including DPNA or contractor expenses, landfill fees and a set
management fee of $1000, is paid.
• Unauthorized structure built within the project boundary: After the fact
application may be accepted if structure conforms to the specific
requirements. Fee will be twice the current permit fee to cover additional
management costs. Non-complying structures will be subject to modification
or removal and restoration of disturbed areas at the owner's expense.
•
Attachment D. Shoreline Management Guidelines 14 Rev: DRAFT 10/15/2003
Attachment D. Shoreline Management Program Documents - Shoreline Management Guidelines
•
GLOSSARY
Activi - Any occupancy or use of lands and waters within the project boundary or Duke
Power-owned peripheral strip.
Application - A Duke Power form upon which the applicant describes and officially
requests a given lake use. Each permitting program will typically have one or more
application forms.
Area of potential effect - Term used when considering potential lake use activity effects
on historic and archaeological resources and describing the geographic area or areas
within which an undertaking may cause changes in the character or use of historic
properties, if any such properties exist.
Boatramp/Marine Railway - An inclined structure extending from the shoreline into the
lake for the purpose of launching and retrieving watercraft.
Boatslip - Also referred to simply as a "slip", it is an unroofed structure designed for
temporary or long-term watercraft storage. The open portion of a boatslip is normally
10' wide by 20' long and confined by at least three sides; however, other sizes do exist
and fewer than three sides may be confined. "Boatslip" is synonymous with the term
"boat docking location" and means one boatslin can accommodate only one watercraft at
a time within the slip.
Boadift/hoist - A mooring device that lifts the watercraft, including personal watercraft,
above the lake level normally utilizing buoyant pontoons or a series of cables and
winches.
Build-out Period - Time period allowed to complete construction work under an
approved Duke Power lake use permit. The build-out period begins with the date of
application approval by Lake Management and ends with the last date of any approved
time extensions.
Business/Industrial Access - Lake access that directly supports a privately-owned
industrial or commercial business, but which has little to no effect on boating. Examples
include but are not limited to water intakes and discharges for factories, sand mining
operations, certain utility connections, plantibusiness access roads, and commercial
business staging areas.
Causeway - A raised road crossing a ravine, stream or portion of a lake on which soil
and/or rock are placed to build up the roadbed to a point where surface water will not
typically over-top the road. Culvert pipes are typically used to allow surface water to pass
under/through the road.
Commercial Marina - A business operation that involves the non-project use of project
lands and waters for facilities where boats can be launched, retrieved or moored and
where provisions for food services or convenience retailing, including petroleum
dispensing, wet and dry storage of watercraft and other activities customarily associated
with marinas are conducted. (Note: See definitions for True Public Marina, Private
Marina, Project Use and Non project Use to differentiate between the different types and
uses of marinas).
Attachment D. Shoreline Management Guidelines 15 Rev: DRAFT 10/15/2003
Attachment D. Shoreline Management Program Documents - Shoreline Management Guidelines
• Common Use Facility - A shared boat dock or other recreational facility that can
accommodate no more than five (5) watercraft at a time and that is intended to serve only
the owners or leaseholders of private, projectfront lots. (Note: Common use facilities may
not serve off-water lots nor any lot containing a multi family dwelling).
Conveyance - The granting of rights for the use of project lands and waters under a given
set of conditions. Duke Power may utilize easements, rights-of-way, leases, certain types
of users' agreements or fee title transfers to grant these rights.
Cove Width - Horizontal length of the shortest imaginary line extending from the full
pond contour on one side of a cove and connecting to the full pond contour on the
opposite side of the cove.
Dock/pier - A structure for storing/mooring watercraft or providing other recreational
access to a lake (e.g. fishing).
Earth all - The placement of unauthorized fill material (soil or rock) within the project
boundary.
Easement - The granting or definition of certain rights in real property within the project
boundary or on Duke Power property. Easements are used to regulate activities such as
utility lines, roadway crossings, water intakes and discharges.
Encroachment - Lake use structure or activity which was done without obtaining the
necessary permits/approvals.
Environmentally-Important Areas - Areas along the shoreline within the project
boundary that provide important habitat for fish and wildlife. These areas may have
additional lake use restrictions because of their unique character.
FERC - Federal Energy Regulatory Commission (FERC). FERC is responsible for
licensing and ensuring regulatory compliance for the nation's non-federal hydropower
projects.
Fac- A structure or combination of structures that is/are placed within the project
boundary by the applicant.
Facility Expansion - The modification of an existing facility that results in an increase of
its lakeward extension, increased decking square footage, an increase in the number of
boats it can accommodate, increases in water quantities withdrawn from or discharged to
the project or an increase in the amount of project area leased. (Note: The addition of a
boatlift/hoist within a previously approved slip is not considered an expansion).
Facility Maintenance - The continuous minor repair of an existing permitted facility (i.e.
structure or combination of structures) that does not involve alteration, within a twelve
(12) month period, of more than 10% of a primary component (e.g. decking, pilings, roof,
etc.) of that facility. (Note: Maintenance activities are minor in nature compared to
rebuilds and only require concurrence from Lake Management). If a facility or a primary
component (e.g. decking, pilings, roof, etc.) of that facility becomes in such a state of
disrepair that complete replacement is the only practical alternative (except for flotation),
then the work would be considered a rebuild and not maintenance. (Note: Of the three
types of facility modification- expansion, maintenance, and rebuild - Facility
Maintenance is the most minor in nature).
U
Attachment D. Shoreline Management Guidelines 16 Rev: DRAFT 10/15/2003
Attachment D. Shoreline Management Program Documents - Shoreline Management Guidelines
• Facility Rebuild -The reconfiguration or replacement of an entire, existing, permitted
facility or a primary component of the existing permitted facility. (Note: Rebuilds are
minor in nature compared to facility expansions and may have reduced permitting
requirements.)
Fee - A dollar amount paid by the applicant or lake user to Duke Power to help offset
Duke's costs for operating a comprehensive lake management program.
Float - A floating platform for use by swimmers or for docking watercraft which is
attached to a permitted structure.
Flood Easement - An easement (typically covering 10 or more feet vertical above full
pond elevation) that was reserved on a tract-by-tract basis to protect Duke Power from
liability claims following high water events and to reserve certain rights necessary for
operation of the company's electric business.
Full Pond Elevation - The elevation, measured in feet above mean sea level, of the top of
a lake's spillway or the top of the floodgates (if applicable).
Historic Property - Any prehistoric or historic district, site, building, structure, or object
included in, or eligible for inclusion in, the National Register of Historic Places.
Houseboat - Watercraft equipped with all the facilities customarily found necessary to
support human habitation (e.g. enclosed cabin, restroom, sink or shower, sleeping
facility).
Implicit Uses-- Lake uses that are implied parts of Duke Power's lake access philosophy
0 and therefore do not require any specific written permission from Duke Power.
Lake Access - Ability to use land or water within the project boundary or Duke-owned
peripheral strip of a Duke Power lake. Uses include but are not limited to pier/docks,
boatramps, mooring buoys, boatlifts, marinas, utility line, roadway and other
infrastructure rights-of-way, shoreline stabilization devices, beaches, water intakes,
wastewater discharges, boating access areas, bankfishing areas, public parks, trails and
sand mining operations.
Lake Use Permit Request - A written request from any party requesting written
authorization from Duke Power (i.e. a permit) to use land or water within the full pond
contour, project boundary or Duke Power-owned peripheral strip of a Duke lake.
Maximum drawdown - The vertical distance in feet from the full pond elevation to the
lowest lake elevation that is normally allowed. For lakes licensed with the FERC, the
maximum drawdown is normally stated in the license. However, the maximum
drawdown elevation may be exceeded for maintenance and emergency operation. For
unlicensed lakes, maximum drawdown is determined by power plant operating needs.
Mitigation - Actions required of the applicant/lake user for a proposed activity to offset
the activity's impacts and to ensure the lake's scenic, environmental, recreational and
cultural values are protected and enhanced. (Note: Applicants/lake users must first seek to
avoid any such impacts. If complete avoidance is not feasible or practicable, then
redesigns must be explored to minimize impacts before mitigation becomes an option).
Non-Conforming Structure - Existing, previously permitted lake structure that does not
comply with later revisions of the Shoreline Management Guidelines or other permitting
• policies.
Attachment D. Shoreline Management Guidelines 17 Rev: DRAFT 10/15/2003
Attachment D. Shoreline Management Program Documents - Shoreline Management Guidelines
• Non-Project Uses - Term used by the FERC to identify all uses of FERC project land and
water except those directly associated with the hydro station, the lake's dams and flow
diversion devices and the license-required uses (e.g. specific public recreational and
environmental enhancements).
Normal drawdown - The vertical distance in feet from the full pond elevation to the
lowest lake elevation that is normally targeted in a calendar year. (Note: The actual,
lowest lake level reached in a given year may vary significantly from the normal
drawdown target due to a number of factors including but not limited to weather
conditions and electricity demand).
Off-water Lot - A tract of land that is defined by a registered survey plat and that does
not have a common boundary with the full pond elevation contour, the project boundary
or the Duke Power-owned peripheral strip bordering a Duke lake.
Peripheral Strip - Also referred to as the shoreline strip, it is the strip of Duke Power-
owned land adjoining and lying above the full pond elevation of some Duke lakes. In
certain areas there may be little to no peripheral strip, whereas in others, such as portions
of the Nantahala Area lakes, Belews Lake and Lakes Keowee and Jocassee, the
peripheral strip may extend to a contour ten to fifteen vertical feet or more above full
pond elevation. Except for the implicit uses, all uses of land and water within the
peripheral strip must be authorized by Duke Power.
Permit - The written authorization from Duke Power that is required prior to beginning
any construction, shoreline stabilization, vegetation removal or activating a conveyance
within the full pond contour, project boundary or Duke Power-owned peripheral strip of a
Duke lake.
Power Line Rights-of-Way - Strip of land identified by an easement, fee title deed
description or other means that contains or is planned to contain any type of power line.
Examples of power lines include transmission, distribution and retail lines (both Duke
and non-Duke, overhead and underground) for transmitting electric power, cable TV
lines, telephone lines, telegraph lines, railroad signal lines or any type of line that carries
electric power.
Private Access - Lake access that is restricted to selected individuals according to where
they live, where they work, membership in a specific club, etc. Examples include but are
not limited to Individual Private Facilities, Common Use Facilities, Private Marinas,
recreation areas for employees of a specific company, slips for non-transient
campgrounds (i. e. rent for more than 14 days), and private roadways.
Private Marina - A non-project use of project lands and waters for facilities where
watercraft can be launched, retrieved or moored for the purpose of providing access to
the lake for certain private non-commercial use by private developments or homeowner
associations (e.g. off-water lots, non-transient campgrounds, yacht clubs and multi family
dwellings). Residential properties associated with this classification include townhouses,
condominiums, apartments, some campgrounds and subdivision access lots.
Private Roadway - Any combination of roads, causeways, bridges, etc. that do not meet
the requirements of a public roadway.
•
Attachment D. Shoreline Management Guidelines 18 Rev: DRAFT 10/15/2003
Attachment D. Shoreline Management Program Documents - Shoreline Management Guidelines
•
Proiect Boundary -This term, as used in conjunction with FERC licensed hydro projects,
is generally the full pond elevation contour as stated in the license. There are some
exceptions to this general rule (e.g. Nantahala Area lakes, Lakes Keowee and Jocassee)
and the appropriate Exhibit K or G drawing filed with the FERC should be consulted for
specific determinations.
Proiectfront Lot - A tract of land that is defined by a registerd survey plat and that has a
common boundary with the full pond elevation contour, the project boundary or the Duke
Power-owned peripheral strip bordering a Duke lake.
Project Uses - A term used in conjunction with FERC-licensed projects to include those
uses of FERC project land and water that are required for construction, operation and
maintenance of the project's dam(s), powerhouse(s), electric transmission facilities
(typically powerhouse to and including the tie station) and any facilities required to meet
the project's licensing commitments for recreation and wildlife management. Project
uses are considered mandatory by the FERC and other uses must not be allowed to impair
them.
Public Entitv - Agency, organization, department, etc. that is charged with providing
services and/or maintaining basic facilities for the general public.
•
Public Infrastructure Access - Non-recreational lake access that directly supports
regional public infrastructure needs. Examples include but are not limited to county,
municipal or utility water intakes and discharges, public roadway and utility line rights-
of-way, railroad crossings, boat mooring/launching facilities for emergency response
activities and for state and local law enforcement support.
Public Recreational Access - Lake access that provides for the operation and
management of recreational opportunities for the general public that directly support the
requirements of Duke's FERC licenses and are not restricted to selected individuals.
Examples include but are not limited to Duke-owned public access areas, federal, state,
and local parks and recreation areas and True Public Marinas.
Public Roadway - Any combination of roads, causeways, bridges, etc. that is required to
meet transportation needs of the general public, is open to the general public for their use
and is maintained by a public entity.
Registered Survey - Scaled drawing, prepared and stamped by a duly licensed Registered
Land Surveyor, to provide a metes and bounds description of a particular tract of land.
(Note: A survey plat does not have to be recorded at the local Register of Deeds Office to
be considered a registered survey).
Rip-Rap - Large crushed stone.
Security Deposit - A dollar amount paid by the applicant to Duke Power at the time a
permit is applied for that will be refunded if the applicant complies with all permitting
program guidelines.
Shoreline Stabilization Expansion - An increase in the linear distance of shoreline
stabilized, regardless of the stabilization technique (i.e. dry stack boulder wall, rip rap,
and landscape plantings), and/or an increase in the vertical height of a dry stack wall or
rip rap.
Attachment D. Shoreline Management Guidelines 19
Rev: DRAFT 10/15/2003
Attachment D. Shoreline Management Program Documents - Shoreline Management Guidelines
Shoreline Stabilization Maintenance - The repair a of single component (i.e. deadmen,
anchors, boulders, etc.) within specific portions of a structure, or replenishing existing rip
rap or landscape plantings within the confines of the originally stabilized bank.
Shoreline Stabilization Rebuild - The replacement of a portion of the stabilization
material/structure, not to exceed 50% of the original material/structure.
Sinile-Family Pier/Dock - A facility that provides access to the lake for the owner of a
single, projectfront lot. Individual private facilities may include, but are not limited to
piers, docks, floats, and boatslips. (Note: Individual private facilities may not serve,
multiple projectfront lots, off-water lots nor any lot containing a multi family dwelling).
Special Ruling - Duke Power decision on a proposed activity that is necessary due to a
lack of applicable permitting processes, policies or criteria or to prevent guideline
manipulation that would allow uses that violate the intent of the permitting programs.
Stop Work Directive - Verbal or written statement from Lake Management directing an
immediate halt to an activity within the project boundary or peripheral strip. Such
directives are issued when any violation of this manual is detected. Violations will have
negative consequences for the applicant and additional written authorization from Lake
Management is required before the activity can resume.
Subdivision - An area of land that has been divided into multiple residential lots.
Subdivision Access Lot - A tract of projectfront property within the boundaries of a
residential subdivision that has been set aside for providing lake access for owners of off-
water and/or projectfront lots.
'
True Public Marina - A business operation that involves the public
s use of project lands
and waters for facilities where boats can be launched, retrieved or moored and where
activities customarily associated with marinas are provided to the public. There is no
predetermination of user groups for the use of aM of the land or water-based facilities, no
membership requirements, and transient services (e.g. use of the gas dock) do not require
wet slip or dry storage rental. Land and water-based services for transient users are
provided at less than or equal to a reasonable and customary fee.
Variance - Selective deviation from applicable and established permitting policies and
criteria in order to allow a proposed activity's approval. (Note: Except for project uses
and non project uses for public infrastructure access, Duke Power will not consider
variance requests from its established policies and criteria; and even then, only in cases
where there is no other feasible alternative and a variance is clearly the last resort.)
Violation - Any activity within the project boundary or peripheral strip that does not
comply with the requirements established by this manual.
Watercra t - A boat, personal watercraft (e.g. jet ski) or any vessel that can transport a
person on water.
Attachment D. Shoreline Management Guidelines 20 Rev: DRAFT 10/15/2003
Attachment D. Shoreline Management Program Documents - Shoreline Management Guidelines
?J
Exhibit 1
Duke Power - Nantahala Area Vegetation Management Requirements
is
Vegetation management and maintenance of vegetated terrestrial and riparian areas is an
important factor in protecting and enhancing a lake's values. Riparian and terrestrial
areas primarily filter runoff and can help reduce shoreline erosion when vegetation
extends to and/or below the shoreline, thus helping to reduce sedimentation and protect
water quality. They also provide wildlife corridors and habitat and can enhance
recreational opportunities. Therefore, DPNA in consultation with various lake
stakeholders, including resource agency personnel and private project-front property
owners, developed requirements to protect riparian wildlife corridors on shoreline
property owned by DPNA that is also within the FERC project boundaries, with
consideration given to impacts to private landowners with property adjoining the project
boundaries.
These requirements apply to lands within the Federal Energy Regulatory Commission
(FERC) project boundaries of the Duke Power - Nantahala Area (DPNA) Projects:
LAKE FERC PROJECT #
Nantahala 2692
Glenville 2686
Bear 2698
Wolf 2698
Cedar Cliff 2698
The following requirements apply:
1. General
Protection of areas (riparian and terrestrial) for wildlife movement is considered
important by state and federal wildlife resource agencies concerned with the potential
for development adjoining these environmentally important areas and consideration
should also be given to impacts to private landowner's adjoining these areas.
a. The DPNA property within or adjoining the project boundary shall be maintained
in a vegetated forested condition, where existing, that is typical of forested areas
of the region. A properly vegetated area shall include canopy trees, subcanopy
trees, shrubs, herbaceous plants and forest floor leaf and humus layers.
b. No clearing, thinning, spraying, planting or sowing of any vegetation, except for
hazardous trees in eminent danger of falling on an individual, a structure or a
proposed structure (constructed outside the project boundary), or removal of non-
Attachment D. Shoreline Management Guidelines 21 Rev: DRAFT 10/15/2003
Attachment D. Shoreline Management Program Documents - Shoreline Management Guidelines
native invasive plants and poisonous plants, shall be undertaken by any person or
• party without written concurrence from DPNA. Non-native invasive plant lists
can be found on the Internet at:
http://plants.usda.gov/cgi bin/topics.cgi?earl=noxious.cgi
http://www.nps.gov/plants/alien/
2. Vegetation Planting
Protection and enhancement of the important habitat areas can be accomplished by
accommodating and supplementing the exiting native vegetation.
a. Vegetation native to the Appalachian Mountain region shall be required. (Note: A
sample plant list (Exhibit 4) of commonly acceptable vegetation native to the
Mountain Region is available from DPNA)
b. Native vegetation beneficial to wildlife shall be encouraged.
c. Turf grasses (e.g., fescue, Bermuda, etc.) shall not be planted and may not be
allowed to become permanently established.
d. Native ground cover other than permanent turf grasses may be planted as an
enhancement to existing native vegetation.
e. Permanent grasses other than turf grasses and other native vegetative cover may
be permitted in conjunction with shoreline stabilization projects with written
concurrence from DPNA.
• 3. Vegetation Removal and Disturbance - General
Access to the lake over project lands and waters can be accommodated provided a
primarily vegetated buffer is maintained with limited clearing.
a. Clearing, thinning and pruning shall, generally, be accomplished with hand-held
tools.
b. Mechanical clearing (e.g., bulldozers, backhoes or other heavy equipment) shall
not be used (Note 1) unless in conjunction with a shoreline stabilization project or
as a remedial activity, approved by DPNA, as a result of pest infestations.
Disturbance for installation of stabilizing structures shall be restricted to the
minimum needed to gain access and install stabilizing structures and shall not
include clearing outside of the limits of the stabilization project.
c. All soil and existing forest floor leaf and humus layers shall remain undisturbed
and intact except for the construction of foot paths, authorized clearing or the
minimum disturbance needed to stabilize shoreline or install a DPNA-approved
structure.
d. Foot paths for individual lots shall be no more than six feet wide and should be
designed in a winding manner, avoiding large trees (> 10 inches dbh) and/or
stepped to prevent surface runoff and erosion. The least damaging alternative that
will prevent erosion and sedimentation shall be selected.
e. Standing trees that are dead or diseased may be removed only with written
concurrence from DPNA. Dead trees that do not pose a hazard, can provide
habitat for wildlife and adjoining property owners are encouraged to leave dead
Attachment D. Shoreline Management Guidelines 22 Rev: DRAFT 10/15/2003
Attachment D. Shoreline Management Program Documents - Shoreline Management Guidelines
large diameter trees standing whenever possible. Hazardous trees in eminent
• danger of falling on an individual or structure are permitted to be removed
without written concurrence from DPNA. However, DPNA must be notified
within 48 hours following removal.
f. Trees that fall into the lake, and do not block or unnecessarily restrict navigational
access should be left in place to benefit fish and/or wildlife. Trees that fall into the
lake and restrict navigational access and/or access for approved stabilization
projects may be pulled onto the forested area as terrestrial habitat with written
concurrence from DPNA. Fallen trees that do not pose a safety or navigation
hazard generally must remain as fish and/or wildlife habitat and may only be
removed with written concurrence from DPNA.
g. Trees that are allowed to be removed from the land or shoreline should be
securely anchored along the shoreline to improve fish and/or wildlife habitat or
placed in the buffer as a downed log. Trees should be securely attached or
anchored to prevent movement away from the shoreline. Trees that need to be
removed but are away from the shoreline should be placed within the buffer to
serve as downed logs. These trees that are eligible for removal, can be limbed
and placed within the buffer provided sections of the tree trunk that are six (6)
inches diameter or larger are retained at a minimum length of eight (8) feet.
h. Standing live trees that are intentionally removed shall be replaced by a quantity
of trees totaling the diameter of the tree removed. Replacement trees are not to be
less than two (2) inches in diameter (e.g., three 2-inch trees may replace one 6-
inch tree). Diameter shall be measured at breast height (dbh) of four feet above
the base of the tree. Replacement trees should be a native "ecological equivalent"
of what is removed (i.e. a tree removed from the canopy should be replaced with a
similar species that also has the potential to reach the canopy, subcanopy trees
should be replaced with a subcanopy species, etc.). Soil types, soil moisture and
shade tolerance should be considered when selecting replacement trees.
i. Individual trees may not be pruned except for viewsheds as provided below.
j. Activities necessary for clearing debris and pruning existing trees as a result of
substantial alteration of the natural forested canopy by extreme weather
conditions (e.g. wind and ice storms) will be considered on an individual basis
with written concurrence of DPNA and review by the North Carolina Wildlife
Resources Commission.
k. Grubbing or grinding of tree stumps of any size is not allowed except in the
establishment of foot paths (large trees > 10 dbh must be avoided) and as
approved as part of authorized stabilization activities.
1. Except for application to poisonous plants (e.g. poison ivy, poison sumac, and/or
poison oak), chemicals shall not be used to kill other native non-invasive
vegetation on land or in the water.
4. Viewsheds
Viewsheds are intended to allow adjoining home or structure owner's views of the
lake and/or other surrounding natural features while maintaining a vegetated forested
condition that includes a varied forest canopy.
Attachment D. Shoreline Management Guidelines 23 Rev: DRAFT 10/15/2003
Attachment D. Shoreline Management Program Documents - Shoreline Management Guidelines
• a. A single viewshed may be established in consultation with a DPNA Lake
Management Representative once a home or building is constructed.
b. An on-site meeting between the lake management representative, the home or
business owner and any landscape contractor is required to establish the
viewshed. The meeting will result in an approval letter that specifically identifies
and lists all activities that can be accomplished to provide a viewshed, including
but not limited to, pruning, topping, tree and/or vegetation removal, tree and/or
vegetation replanting, etc.
c. Vines, shrubs, and trees may be selectively pruned/limbed in order to facilitate a
viewshed. Native shrubs and vines shall not be pruned from the ground to a
height of four (4) feet.
d. A joint single viewshed may be created by two adjoining property owners with
written concurrence from DPNA.
e. Minimal topping and removal of only selected evergreen trees (e.g. white pine,
yellow pine) will be considered to establish a viewshed.
f. Small diameter (i.e. < 6" dbh) white and yellow pines may be removed from
within the approved viewshed without being replaced.
g. Viewsheds will not be allowed to be created on DPNA property within the
confines of adjoining areas designated as Vegetated areas/coves with stream
confluence.
h. To verify that the establishment of this viewshed concept has not resulted in
destruction of the vegetated forest condition, the effectiveness of the viewshed
. requirements may be re-evaluated at the request of any member of the Technical
Leadership Team (GWB3) after two years of implementation. This re-evaluation
period requirement will end after the second year or until a minimum of 3
viewsheds have been established, whichever occurs later.
5. Shoreline stabilization
Shoreline stabilization by the property owner adjoining the project boundary is
encouraged to help control soil erosion.
a. Shoreline stabilization is permitted with written authorization from DPNA.
b. Minimal clearing is allowed to create corridors for equipment access for
stabilization projects. Access corridors should be incorporated into permanent
pier/dock access corridors (i.e. foot paths) where practical. Native vegetation
removed to accommodate construction access for shoreline stabilization shall be
replaced with native vegetation of a similar growth form to what was removed.
6. Water Dependent Structures
Facilities approved and constructed within the full pond contour provide access to the
reservoir and have an impact on adjoining property values.
•
Attachment D. Shoreline Management Guidelines 24 Rev: DRAFT 10/15/2003
Attachment D. Shoreline Management Program Documents - Shoreline Management Guidelines
a. Structures that support water dependent uses (e.g., docks, piers, and boatslips) are
• permitted within the project boundary if they comply with all applicable DPNA,
local, state, and federal guidelines.
Notes:
1. Activities conducted by federal, state or local governments, railroads, public utilities
or other entities that typically have the power of eminent domain (e.g. utility or
roadway right of way, construction, and maintenance, etc.) are not subject to the
provisions of this article. However, such activities, where practical, should be
conducted in a manner that is consistent with these requirements.
2. Activities conducted on state or national forest land for the production or harvesting
of timber and conducted in accordance with the "Forest Protection Guidelines Related
to Water Quality" or the North Carolina Sedimentation Pollution Control Act of 1973
are not subject to the provisions of these requirements.
3. The provisions of these requirements shall not apply to DPNA-approved maintenance
or rebuild activities or activities (e.g. pier/docks, stabilization, mowing) which were
allowed and/or approved by DPNA prior to the adoption of these requirements.
is
•
Attachment D. Shoreline Management Guidelines 25 Rev: DRAFT 10/15/2003
Attachment D. Shoreline Management Program Documents - Shoreline Management Guidelines
0 Viewshed Schematic
Property Line Lot
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?eripheral Pr pen
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Lot •
"A" Viewshed Created and --
Maintained with Written Authorization from DPNA -
T -- Viewshed Created and Maintained with
Written Authorization from DPNA
Adjoining /Jropert '
Owner y
Penph
Property Corner (ppNqeral proPerfY
4
Full Pond
Contour
Normal Lake
Elevation (Varies)
41
Attachment D. Shoreline Management Guidelines 26
Rev: DRAFT 10/15/2003
Attachment D. Shoreline Management Program Documents - Shoreline Management Guidelines
•
•
•
Viewshed Examples
Acceptable
Unacceptable
Attachment D. Shoreline Management Guidelines 27
Rev: DRAFT 10/15/2003
Attachment D. Shoreline Management Program Documents - Shoreline Management Guidelines
r?
t
Viewshed Examples
Acceptable
Unacceptable
Attachment D. Shoreline Management Guidelines 28
Rev: DRAFT 10/15/2003
Attachment D. Shoreline Management Program Documents - Shoreline Management Guidelines
• EXHIBIT 2
Floating Pier/Dock Specifications
Types of Pier/dock Permits and Designed Usage
DPNA will review applications for four (4) different types of piers/docks on the
DPNA Reservoirs that are eligible for pier/dock permits. These type piers/docks
and their intended usage are as follows:
A. Commercial Marinas. Commercial marina permits will allow permit
holders to install a True Public Marina (see Exhibit 5). Applications for
Commercial marinas will require federal, state, and local resource agency
review, and possible review and approval by the Federal Energy
Regulatory Commission. Commercial marinas are designed to
accommodate the needs of the general pubic; may be allowed, with proper
approval, to accommodate more than 10 watercraft; and may charge a fee
for their usage. Commercial marinas may offer boat rentals, the selling of
gasoline, food supplies, or other commercial items.
B. Private Marinas. Private marina permits will allow permit holders to
install a marina that may accommodate up to but not more than 10
watercraft. Applications for Private marinas will require federal, state,
and local resource agency review, and possible review and approval by the
Federal Energy Regulatory Commission Private marinas are designed to
accommodate the private non-commercial use by private developments or
homeowners associations that own property adjoining DPNA's shoreline
property.
C. Single-Family Piers/Docks. Single-family pier/dock permits will allow
permit holders to install a pier/dock, at which no more than two (2)
motorized watercraft (or two large sailboats or combinations of both not to
exceed (2) watercraft) with no limitation on non-motorized watercraft or
(3) motorized watercraft with no non-motorized watercraft may be
moored. Single-family piers/docks are permitted for the private, non-
commercial, use of individual property owners or lease holders that
own/lease property adjoining the project boundary.
D. Common Use Piers/Docks. Common use pier/dock permits will allow
individual property owners or lease holders that own/lease property
adjoining the project boundary to install a pier/dock, at which no more
than five (5) watercraft may be moored. Common use piers/docks are
designed for the private, non-commercial, use by two or more individual
property owners that own/lease property adjoining the project boundary.
•
Attachment D. Shoreline Management Guidelines 29 Rev: DRAFT 10/15/2003
Attachment D. Shoreline Management Program Documents - Shoreline Management Guidelines
r
U
II. Pier/dock Size and Design.
Single-family piers/docks are by far the most common piers/docks permitted on
any of the DPNA reservoirs. Therefore a standard maximum size for this type
pier/dock has been established (See Figure 2). A single-family pier/dock may
have terminals of any shape, provided that said terminal has outside dimensions
of no greater than 20 x 26 feet. Jet ski pads may be attached to a single-family
pier/dock only if the addition of the pad does not cause the overall size of the
pier/dock to exceed size limitations. Over all length may not exceed 50 feet
except as specified in Placement item 7 below. (Note: Jetskis are considered
motorized watercraft and as such are limited in number for mooring at single-
family and common use piers/docks as are other motorized watercraft).
Approved pier/dock size and design for common use piers/docks and marinas
may vary due to location and adjoining lot size. DPNA will review design
configurations for common use facilities on a case-by-case basis.
III. Specifications for Placement and Construction of Piers/Docks.
A. Placement
•
Piers/docks must be placed so that all portions of the pier/dock are
at least fifteen (15) feet from the imaginary projection of adjoining
side lot lines as those lines project out into the lake. Projection of
these side lot lines is accomplished by extending an imaginary line
perpendicular to the project boundary at each property corner.
These lines are determined by bisecting the angle formed by the
two projectfront property lines that intersect at each property
corner. Exact placement of piers/docks will be determined by
DPNA.
2. Unless otherwise specified, piers/docks must be placed at right
angles to the shoreline.
3. No pier/dock may extend more that one-third (1/3) the distance
across a cove.
4. Piers/docks must be secured in such a manner that the walkway is
in contact with the shoreline at all times.
Posts, pipes or other rigid mooring devices may not be placed in
reservoir waters unless used in conjunction with a floating
pier/dock or to create a raised walkway over existing vegetation as
identified in the Shoreline Management Plan in areas classified as
Vegetated Areas/Coves with Stream Confluence.
Attachment D. Shoreline Management Guidelines
30
Rev: DRAFT 10/15/2003
Attachment D. Shoreline Management Program Documents - Shoreline Management Guidelines
•
6. Cables used to secure piers/docks to the shoreline may not
encroach across projected side lot lines.
7. Overall length of a pier/dock (walkway and terminal end) may not
be greater than 50 feet. DPNA will consider allowing an overall
length of greater than 50 feet (not to exceed a maximum of 75 feet
or 1/3 the distance across the cove) if a water depth of four (4) feet
at the end of the pier/dock, at reservoir full pool elevation, can not
be reached in that distance. DPNA will consider allowing an
overall length of greater than 50 feet (not to exceed a maximum of
75 feet or 1/3 the distance across the cove) on Wolf Lake if a water
depth of four (4) feet at the end of the pier/dock, at reservoir
normal target elevation during the recreation season (May-Oct.),
cannot be reached in that distance.
B. Construction.
All portions of the pier/dock and walkway must float with the
exception of a raised walkway over existing vegetation as
identified in the Shoreline Management Plan in areas classified as
Vegetated Areas/Coves with Stream Confluence. Rigid,
permanently affixed piers are not allowed on any DPNA reservoir.
However, spud poles may be used to secure floating piers/docks.
•
2. All pier/dock flotation material must float when punctured.
Encapsulated styrofoam is the recommended flotation material,
however closed cell styrofoam and plastic barrels filled with
expandable foam are allowed. Other forms of flotation may be
allowed with prior written approval from DPNA. Beaded
stryofoam and metal drums are expressly prohibited as flotation
materials.
No covered or enclosed piers/docks are allowed on DPNA
reservoirs.
4. Handrails on walkways and piers/docks must be open, and may not
reduce boater visibility.
5. No covered or enclosed structures may be placed on piers/docks
with the exception of small storage boxes that have been approved
by DPNA.
6. Access ladders are allowed on piers/docks, however sliding boards,
diving boards or other such structures are not allowed.
•
Attachment D. Shoreline Management Guidelines 31 Rev: DRAFT 10/15/2003
Attachment D. Shoreline Management Program Documents - Shoreline Management Guidelines
7. Habitable structures and waste producing facilities such as living
• quarters, sinks, bathrooms, and showers are not allowed on
piers/docks and are not allowed to discharge into reservoir waters
from any source.
Reflectors are required at the corners of all sides of the terminal
end of the pier/dock except the side facing the shore. At least one
reflector shall be placed on each side of the walkway, midway
between the shore and the terminal end. White reflectors or white
reflective tape attached with screws or nails are preferred. If white
reflectors or reflective tape are not available amber reflectors may
be used.
9. The construction of any facility must be completed as described in
the approved application and within twelve months from the date
of application approval by Lake Management. An extension will
be considered for legitimate extenuating circumstances provided a
specific timeframe in which to complete the construction, not to
exceed an additional 12 months, is provided in writing to DPNA
by the applicant.
10. Gasoline and oil may not be stored on piers/docks, except as
approved as part of a commercial marina.
• 11. Electrical hookups are allowed on piers/docks provided they meet
North Carolina Building Codes and have been inspected and
certified by the county electrical inspector, where applicable.
DPNA must be furnished with a copy of the county inspector's
final inspection report.
12. Boatlifts or personal watercraft lifts may be allowed to be installed
with proper written approval of DPNA. A total of one boatlift or
personal watercraft lift may be installed within a boatslip and/or
one boatlift or personal watercraft lift may be constructed adjacent
to the outside of a boatslip. Only one boatlift or personal watercraft
lift will be considered for placement adjacent to a pier/dock
without a boatslip.
IV. Inspections and Compliance.
All piers/docks permitted on DPNA reservoirs must at all times remain in
compliance with the rules and regulations set forth in the Shoreline
Management Guidelines. Piers/docks must also be maintained in a safe
condition at all times.
A. Inspections.
U
Attachment D. Shoreline Management Guidelines 32 Rev: DRAFT 10/15/2003
Attachment D. Shoreline Management Program Documents - Shoreline Management Guidelines
DPNA reserves the right to enter upon and inspect any pier/dock at any
• time.
B. Compliance
Piers/docks, determined by DPNA to be non-complying structures,
whether for violation of permit criteria or for safety reasons, must be
repaired, removed or replaced by the owner within a timeframe as
prescribed by DPNA. Unless otherwise specified, failure to make
necessary changes or repairs in the specified timeframe will result in
immediate revocation of the pier/dock permit and removal of the pier/dock
from within the project boundary. Once a pier/dock permit is revoked for
noncompliance, further lake use permitting activities may not be
considered for a period of not more than five (5) years depending on
severity and subject to successful plant restoration (when applicable) even
if the adjoining property changes ownership.
•
•
Attachment D. Shoreline Management Guidelines 33 Rev: DRAFT 10/15/2003
Attachment D. Shoreline Management Program Documents - Shoreline Management Guidelines
•
is
•
EXHIBIT 3
Shoreline Stabilization and Erosion Control
1. With proper approval vegetation, dry stack rock, rip-rap rock five (5) to fifteen (15)
inches in diameter or larger, or other environmentally friendly erosion control
methods (i.e. bio-engineering) will be permitted.
2. Installation of erosion control methods require a DPNA permit, a 404 US Army Corp
of Engineers permit and a 401 Water Quality Certification issued by the NCDNER-
Division of Water Quality (DWQ). For 404 and 401 permit information contact the
US Army Corps of Engineers office in Asheville, NC and the DWQ Asheville
regional office.
3. Rip-rap must meet U.S. Army Corps of Engineers guidelines.
4. Erosion control efforts cannot change the basic contour of the existing shoreline.
5. All erosion control measures must meet local, state and federal requirements.
6. Filter fabric (geo-textiles) will be required for either rip-rap or dry stack construction.
7. The use of concrete or grout as an erosion control measure or as a component of an
erosion control measure is prohibited.
Attachment D. Shoreline Management Guidelines 34
Rev: DRAFT 10/15/2003
Attachment D. Shoreline Management Program Documents - Shoreline Management Guidelines
r
Figure 1: Examples of the relationship of vertical
property lines and linear distance.
Shoreline
N77=:z6E vation 3110
evation 3100
Full pool elevat ion
Example 1 Nantahala property line
Shoreline
Full pool elevation
• Example 2
n
U
10 q
Attachment D. Shoreline Management Guidelines 35 Rev: DRAFT 10/15/2003
Attachment D. Shoreline Management Program Documents - Shoreline Management Guidelines
Figure 2.
General Boat Dock Design
Terminal maximum dimensions are twenty (20) feet wide and
twenty-six (25) feet long. The maximum length of the dock is fifty
(50) feet.
•
L
?r
s • •
.C
-LIL
` 6+ Terminal
1 •
•
50' maximum
• White Reflectors
Attachment D. Shoreline Management Guidelines 36
20'
•
Rev: DRAFT 10/15/2003
Attachment D. Shoreline Management Program Documents - Shoreline Management Guidelines
•
•
Figure 3.
Dry Stack Boulder Wall Design Guidelines
Dry Stack Boulder wall
Full Lake Level
Q
Minimum
of 3 feet t
O
C
Riprap slope no
greater than 1 to
1 Riprap
(Class B - S"- 15 "sire)
2
Attachment D. Shoreline Management Guidelines 37 Rev: DRAFT 10/15/2003
Attachment D. Shoreline Management Program Documents - Shoreline Management Guidelines
•
Exhibit 4
Native Plant List
•
Mountain Region
Information sources- "Recommended Native Plant Species for Stream Restoration in North Carolina", Karen Hall- NC Stream
Restoration Institute; and Ken Manuel- Duke Power.
SMALL
TREES/SHRUBS
TREES HERBACEOUS
Acer rubrum
Alnus serrulata Arisaema triphyllum
red maple tag alder jack-in-the-pulpit
Acer saccharum Amelanchier arborea
serviceberry Asclepias incarnata
sugar maple swam milkweed
Acer negundo Aronia arbutifolia
box elder Carex crinata
red chokeber fringed sedge
Aesculus octandra Asimina triloba
yellow buckeye common pawpaw Carex intumescens
bladder sedge
Betula alleghaniensis Calycanthus floridus
yellow birch sweet-shrub Carex lupulina
hop sedge
Betula lenta Carpinus caroliniana
Carex lurida
cherry birch ironwood lurid sedge
Betula nigra Corpus alternifolia
alternate leaf dogwood Carex scoparia
river birch broom sedge
Carya cordiformis Corpus amomum
bitternut hickory silky dogwood Carex stricta
tussock sedge
Attachment D. Shoreline Management Guidelines 38 Rev: DRAFT 10/15/2003
Attachment D. Shoreline Management Program Documents - Shoreline Management Guidelines
•
•
•
SMALL
TREES/SHRUBS
TREES HERBACEOUS
Carya glabra Corylus americana
hazel-nut Carex vulpinoidea
pignut hickory fox sedge
Carya albs Hamamelis virginiana
mockernut hickory witch-hazel Chelone glabra
turtlehead
Carya ovata flex verticillata
winter berry Cyperus strigosus
shagbark hickory
umbrella sedge
Diospyros virginiana Leucothoe axillaris
Persimmon doghobble Elymus hystrix
bottlebrush grass
Fagus grandifolia Lindera benzoin
beech, American beech spicebush Eupatorium fistulosum
Joe-pye-weed
Fraxinus americana Lyonia ligustrina
white ash Eupatorium perfoliatum
male-berry boneset
Fraxinus Magnolia tripetala
pennsylvanica umbrella tree Impatiens capensis
green ash jewel-weed
Halesia caroliniana Physocarpus opulifolius
silverbell Juncus effusus
ninebark soft rush
flex opaca
american holly Rhododendron
Leersia oryzoides
periclymenoides rice cutgrass
wild azalea
Juglans nigra Rhododendron viscosum
black walnut Lobelia cardinalis
Attachment D. Shoreline Management Guidelines 39 Rev: DRAFT 10/15/2003
Attachment D. Shoreline Management Program Documents - Shoreline Management Guidelines
•
•
•
SMALL
TREES/SHRUBS
TREES HERBACEOUS
swam azalea cardinal flower
Juniperus virginiana Rosa palustris
red cedar swamp rose Lobelia siphilitica
reat blue lobelia
Liriodendron Salix sericea
tulipifera silky willow Ludwigia alternifolia
yellow-poplar bushy seedbox
Magnolia acuminate Spirea latifolia
cucumber magnolia Panicum virgatum
meadowsweet switchgrass
Nyssa sylvatica Symplocos tinctoria
blackgum sweet leaf Polygonum sagittatum
tearthumb
Picea rubens
red spruce Viburnum cassinoides Scirpus atrovirens
Withe-rod
green bulrush
Pinus strobes Xanthorhiza simplicissima
eastern white pine Scirpus cyperinus
yellow-root woolgrass
Pinus echinata Cephalathus occidentalis
shortleaf pine buttonbush Scirpus validus
soft stem bulrush
Pinus taeda Hydrangea arborescens
loblolly pine wild hydrangea Sparganium
americanum
bur-reed
Platanus occidenialis Hypericum densiflorum
sycamore brushy St. Johnswort Thelypteris palustris
marsh fern
Prunus serotina Rhamnus caroliniana Uniola latifolia
black cherry Carolina buckthorn
river oats
Attachment D. Shoreline Management Guidelines 40 Rev: DRAFT 10/15/2003
Attachment D. Shoreline Management Program Documents - Shoreline Management Guidelines
•
•
•
SMALL
TREES/SHRUBS
TREES HERBACEOUS
Quercus Alba Rhododerdron
White oak arborescens Vernonia
sweet azalia noveboracensis
ironweed
SMALL
TREES/SHRUBS
TREES HERBACEOUS
Quercus montana Salix caroliniana Arundinaria gigantean
chestnut oak carolina willow river cane
Sambucus Canadensis
Quercus stellata elderberry
post oak
Quercus rubra Eleocharis acicularis
red oak slender spikerush
Quercus coccinea
scarlet oak Eleocharis plaustris
creeping pikerush
Quercus falcata Eleocharis
southern red oak quadrangulata
s uare-stems ikerush
Quercus velutina Elymus virginicus
black oak Virginia wildrye
Salix nigra Scirpus americanus
black willow three-square bulrush
Tilia heterophylla Hibiscus moscheutos
white basswood swamp rose mallow
Tsuga canadensis Onoclea sensibilis
eastern hemlock sensitive fern
Attachment D. Shoreline Management Guidelines 41 Rev: DRAFT 10/15/2003
Attachment D. Shoreline Management Program Documents - Shoreline Management Guidelines
•
•
SMALL
TREES/SHRUBS
TREES HERBACEOUS
Tsuga caroliniana
Carolina hemlock Osmunda cinnamomea
cinnamon fern
Ulmus alata
winged elm Osmunda regalis
royal fern
Gleditsia triacanthos
honeylocust Apios Americana
roundnut vine
Liquidamber
styraciflua Campsis radicans
sweetgum
trumpet creeper
Morus rubs Clematus virginiana
red mulberry virgin's Bower
Ostrya virginiana Parthenocissus
Eastern hophornbeam quinquefolia
Virginia creeper
Populus deltoides Wisteria frutescans
Eastern cottonwood American wisteria
Taxodium distichum
baldc press
Attachment D. Shoreline Management Guidelines 42 Rev: DRAFT 10/15/2003
Attachment D. Shoreline Management Program Documents - Shoreline Management Guidelines
is
Exhibit 5
TRUE PUBLIC MARINA REQUIREMENTS
The following information will be used to determine the classification of marinas at the
projects. To be classified as a True Public Marina, the facility must meet all of the
requirements in sections 1 and 2. Section 3 identifies the application fee and security
deposit to be paid.
No predetermination of user groups for any of the existing or proposed land or water
based facilities.
a. No Private Marinas (existing or proposed)
b. No membership requirements
c. Transient services do not require wet or dry storage rental
t
2. Existing and/or proposed facilities will provide land and water based recreation
services for transient users at less than or equal to a reasonable and customary fee.
a. Services are available for transient users
b. Offers services for lake and land based users
3. Application filing fee and security deposit reductions
a. If adding only the following type of facilities; courtesy pier/dock, hiking trail,
wildlife viewing, gas pier/dock, fishing pier/dock, boat ramp, swimming area,
beach, boat repair/servicing, public restrooms or any other truly public
service, then the application fee and security deposit will be reduced by 100%.
b. If adding facilities that will be rented for greater than 14 days, but less than or
equal to 365 days, there will be a 50% reduction in the application fee and
security deposit.
c. If the plan is the same as b., but also includes adding more types of items in 3
a., then the application fee and security deposit will be reduced by 100%.
0
Attachment D. Shoreline Management Guidelines 43
Rev: DRAFT 10/15/2003
Attachment D. Shoreline Management Program Documents - Shoreline Management Guidelines
• Exhibit 6
Lake Use Permit Review Flow Chart
(Private Fac. / Shoreline stabilization)
LAKE USE PERMIT
ACTIVITY REQUEST
Review Lake Use
Policy Statements
Is Lake
LM Conducts
Onsite Yes Specific Type of No Management
Inspection Access Allowed Sends Denial
Y/N Letter
Send
Application to
Requester
Applicant Completes
Application and Returns
to LM for Review
Lake Is
No Activity
Management Allowed Per
Sends Denial SMP
Letter Y/N
• Yes
Direct Applicant
Yes
?l m] To Contact
DWQ/COE
Lake Does
Management No Activity
Sends Denial Comply With
Letter SMG
Applicant
Y/N Receives Permit
Yes [or Authorization
From DWQ/COE
Is Does
Adjoining Lot No Activity No
Impacted by Require LM Completes
Veg. Class. DWQ/COE Application
Review
Y/N Review
Y/N
Yes Issue Permit
(Authorization Ltr.)
Can
eg.Class. Yes
Be
Avoided Applicant Notifies
Y/N LM Constr. Is
Complete
No
Lake
Management
Impact Is
NO pac Yes LM Contacts
USFWS/NCWRC
LM Verifies
Construction
Sends Denial Eligible For
Miti anon
g For Specific
(Onsite InspJTag)
Letter Mitigation
Y/N Requirements
MITIGATION ELIGIBILITY REQUIREMENTS
• Was Lot Subdivided and Recorded Prior to 7/1/03? LM Closes Out
Application And
• Can Access Be Granted Per SMG and Completely Updates Data Bases
Bridge Vegetation Within Reservoir?
Attachment D. Shoreline Management Guidelines 44 Rev: DRAFT 10/15/2003
Attachment D. Shoreline Management Program Documents - Class and Lake Use Restrictions
CLASSIFICATIONS AND LAKE USE RESTRICTIONS FOR THE NANTAHALA AREA (Notes I
• and 4
1. Vegetated Areas/Coves with Stream Confluence - This habitat type exists where stable, emergent,
native vegetation (rooted within the normal operating range of lake levels and having a minimum lakeward
width of 5 feet) composes > 50% of the area for a minimum distance of 100 linear feet or where
intermittent or permanent streams enter the upper ends of coves (with or without vegetation). Where cove
heads with a stream confluence exist but lack vegetation, this classification will extend to 50 feet
beyond the edge of an established sedimentation delta. In the absence of an existing delta, this
classification will extend 50 feet beyond each side of the intersection of the stream centerline and the
full pond contour. The following specific lake use restrictions will apply: LAKE USE RESTRICTIONS
- No piers, clearing, excavation, or shoreline stabilization inside the project boundary.
Appeals for Piers/Docks Havine No Practicable Alternative-Property owners may request to have
special consideration given to their proposal under the LAKE USE RESTRICTIONS to place a
pier/dock in vegetated areas within the Vegetated Areas/Coves with Steam Confluence classification
by providing compelling information that supports a contention that no practicable alternative to the
requested pier/dock access exists.
Mitigation-Successful appeals should be expected to include reasonable mitigation requirements
recommended by the natural resource agencies. Wildlife resource agencies (e.g. NCWRC and
USFWS) must be provided at least a 30-day review and mitigation plan development period for any
proposal. Mitigation considerations include: 1) contribution to enhancement comparable to the
impact; 2) maintenance of the mitigation activities as long as the facility exists; 3) implementation of
the mitigation prior to facility construction; 4) allowance for out- of- kind replacement involving
different habitat types provided the recommended replacement is greater than or equal to the total
value of the habitat impacted, 5) in-kind replacement as the preferred method although out-of-kind
habitat enhancements can be deemed acceptable, and; 6) a premise of no net loss of habitat
important for fish and wildlife.
Construction Limitations-Individual simple piers/docks (serving single individual projectfront
property owners) that completely bridge by elevated pile or pole-supported walkway over the
vegetated area may be allowed, along with clearing of access corridors needed for such docks, no
clearing except for access corridors, no excavation or shoreline stabilization inside the project
boundary. Piers/docks can not be placed within 50 feet of a stream confluence. The total number of
piers/docks that can potentially be constructed in an area > 100 feet classified as Vegetated
Areas/Coves with Stream Confluence is limited to one pier per 100 feet of shoreline within the
classification. This pier/dock per linear footage of shoreline limitation, applies regardless of the
number of individual lots that adjoin the project boundary adjacent to areas with this classification.
Consequences for Violations-Destruction of native emergent vegetation within the full pond contour
or unauthorized removal of vegetation within the project boundary may result in one or more of the
following: 1) restoration of the impacted area at the owner's expense; 2) revocation of a previously
issued pier permit; 3) loss of consideration of any future lake use permitting activities for up to five
years or until vegetation is satisfactorily re-established; and/or 4) further legal action being taken by
Duke Power. Duke Power reserves the right to modify the lake use restrictions associated with
vegetated areas/coves with stream confluence to eliminate the opportunity for future pier/dock
construction within these areas if wholesale destruction of vegetation within these areas becomes
widespread.
II. Fractured Rock, Woody Debris and Sand/Cobble- These types of habitat exists where: 1) the
shallow-water substrate is composed primarily (> 50%) of medium to large broken boulders for a minimum
distance of 100 linear feet; or 2) 4 or more felled trees (> 10 inches in diameter at breast height) extending
from the shoreline into the water per 100 linear feet of shoreline are present; or 3) the shallow-water
• substrate is composed primarily (> 50%) of stable sand or sand and cobble for a minimum distance of 100
Attachment D. SMP Class and Lake Use Restrictions 1 Rev: DRAFT 10/15/2003
Attachment D. Shoreline Management Program Documents - Class and Lake Use Restrictions
linear feet. Isolated boulders and gravel may also be present, but are minor components (< 50%) of the
• substrate.
These areas consist of Project lands and waters that have specifically-identified importance from an
environmental standpoint but protection of those important values does not necessarily preclude private,
commercial, or other access to the lake. Applicants must first try to avoid these habitat types, but if
complete avoidance is not a practicable alternative, then the following specific lake use restrictions will
apply: LAKE USE RESTRICTIONS - No commercial piers except True Public Marinas (Note 2), no
boat ramps except those required for Public Recreation and no excavation except the minimum
amount necessary and approved as part of installation of a dry-stacked boulder wall. Applicants
should expect to have specific reasonable mitigation requirements imposed by the federal and state
wildlife resource agencies for construction within areas classified as Woody Debris and/or
Sand/Cobble. Wildlife resource agencies (e.g. NCWRC and USFWS) must be provided at least a 30-
day review and mitigation plan development period for any proposal within an area classified as
Woody Debris or SandlCobble. Downed trees within the full pond contour should be allowed to
remain as fish and/or wildlife habitat when possible.
III. Silt, Bedrock and Clay/Weathered Rock - These types of habitat exist where: 1) the shallow-water
substrate is composed mostly (> 50 %) of silt from a nearby tributary stream for a minimum linear distance
of 100 feet; or 2) the shallow-water substrate is composed primarily (> 50%) of solid rock outcrops for a
minimum distance of 100 linear feet; or 3) the shallow-water substrate is composed mostly (> 50%) of clay
or a combination of clay and weathered rock (e.g., gneiss and schist) for a minimum distance of 100 linear
feet. LAKE USE RESTRICTIONS - Construction activities in accordance with federal, state, local,
and DPNA guidelines.
IV. Rip Rap/Dry-Stacked Boulders -This type of habitat exists where these man-made structures have
been placed within the project boundary of the lake for a minimum distance of 100 linear feet. LAKE USE
RESTRICTIONS - No concrete, grout or rock veneer utilized as part of dry-stack boulder wall
construction. Rip rap must be placed along the base of all dry-stack boulder walls. Construction
activities in accordance with federal, state, local, and DPNA guidelines.
V. Pier/Dock- This type of habitat notes the presence of a pier and/or dock supporting various public or
private recreational amenities. Examples of the public recreation classification include Duke-owned public
access areas, True Public Marinas, and state, district, county and city parks. Examples of private
recreational amenities include private piers and private marinas. LAKE USE RESTRICTIONS -
Construction activities in accordance with federal, state, local, and DPNA guidelines. No new
construction without written authorization from DPNA.
Notes
1. Public-need projects where the applicant has the power of eminent domain can be exempted from the
listed lake use restrictions provided there is no other acceptable alternative (similar to practicable
alternative (Note 3), except it allows more consideration for economics of alternatives and desires of
the applicant). Also note that the shoreline classifications and associated lake use restrictions are
considered to apply to the project boundary line and the area extending lakeward and perpendicular to
the shoreline for a minimum distance of one-third the cove width. Where restrictive classifications
(e.g. Vegetated areas/coves with stream confluence, Fractured Rock, Woody Debris and Sand/Cobble)
wrap around the heads of coves, the lake use restrictions will also apply to the entire cove width in the
wrapped area.
2. True Public Marinas provide public recreational opportunities with no predetermination of user groups
for any of the existing or proposed land or water based facilities.
a. No commercial/residential (existing or proposed)
b. No membership requirements
• C. Transient services do not require wet or dry storage rental
Attachment D. SMP Class and Lake Use Restrictions 2 Rev: DRAFT 10/15/2003
Attachment D. Shoreline Management Program Documents - Class and Lake Use Restrictions
Existing and/or proposed facilities will provide land and water based recreation services for transient
• users at less than or equal to a reasonable and customary fee.
a. Services are available for transient users
b. Offers services for lake and land based users
3. An alternative is not considered practicable if choosing it over the desired option would result in aM
of the following:
a) Violation of any applicable permitting criteria or lake use restriction.
b) Requiring the applicant to dredge the lake bed in order to use the requested facility, whereas
dredging would not be required if some allowance were made for crossing into the restricted
area.
c) Modification of the desired facility to the point that the resulting structure would be of very
limited usefulness.
The provisions of these requirements shall not apply to DPNA-approved maintenance activities or
activities (e.g. piers, stabilization, mowing) which were allowed and/or approved by DPNA prior to the
adoption of these requirements. When a facility currently located within the Vegetated Areas/Coves
with Stream Confluence must be rebuilt, the owner must relocate the facility outside the classified area
to the maximum practical extent. This provision, however, does not eliminate the opportunity to
rebuild a previously existing facility if there is no means of avoidance.
5. The Shoreline Management Plan Maps were generated from a Geographic Information System (GIS)
and are not intended to be survey quality. Actual start and stop points for transition between
classifications are subject to interpretation by DPNA.
C7
•
Attachment D. SMP Class and Lake Use Restrictions 3 Rev: DRAFT 10/15/2003
Attachment D. Shoreline Management Program Documents - User's Agreement
• Y Power.
Power,
A Duke Energy Company
DUKE POWER NANTAHALA AREA (DPNA) PRIVATE FACILITIES
"APPLICANT'S USER AGREEMENT" LETTER
(You may use this letter and fill in the requested information. Please Print)
Date
TO: Duke Power
c/o Lake Management - EC 12Q
P. O. Box 1006
Charlotte, NC 28201-1006
RE: (Lake Name)
(Street Address)
0 (Subdivision / Lot #)
(Applicant's full name)
hereby agrees to comply with all requirements and conditions set forth by Duke Power's
Nantahala Area (DPNA) Lake Management office, or any federal, state or local agencies
pertaining to our application to construct a
on Lake . In
addition, I/we have read and agree to comply with DPNA Shoreline Management
Guidelines' (SMG) and understand that written authorization must be obtained from
Duke's Lake Management office prior to beginning any activity/construction within the
project boundary. The construction will be completed as described in the approved
application and within twelve (12) months following the date of written approval by Lake
Management. An extension will be considered for legitimate extenuating circumstances
provided a specific timeframe in which to complete the construction, not to exceed an
additional 12 months, is provided in writing to DPNA by the applicant. Failure to
complete construction within the 12-month build-out period or any DPNA-approved
extension will require the applicant to file a new application that complies with the then-
current guidelines. The application filing will include any applicable fees and security
deposits.
I/we attest to be the owner or lease holder of the tract of land immediately adjoining the
project boundary where the proposed facility is to be constructed.
•
Attachment D. SMP - User's Agreement 1 Rev: DRAFT 10/15/2003
Attachment D. Shoreline Management Program Documents - User's Agreement
I/we understand the physical location on my/our lot in relation to the common property
line with Duke Power, the FERC project boundary, and any deeded flood easements or
required building setbacks.
I/we understand that this lake was constructed as a working hydropower reservoir for the
primariy purpose of producing cost-effective electric energy and that this remains as the
lake's primary purpose. I/we understand that the lake and its associated hydropower
station are operated by DPNA under the terms of a license issued by the Federal Energy
Regulatory Commission (FERC) and that there will be no change in hydro project
operations as a result of the construction and/or use of any facilities that I/we may be
allowed to place within the FERC project boundary or on DPNA-owned property.
I/we understand that lake levels will rise and fall over time in response to weather events
and hydro project operations.
1/we acknowledge that DPNA provides no guarantee of any specific quantities (except
those identified in the Low Inflow or Hydro Project Maintenance and Emergency
Protocols) or quality of water in the lake.
I/we acknowledge that DPNA does not guarantee that an approved facility will always
have sufficient water depth to be accessible by boat or for other water depth related
recreation activities.
1/we understand that the structures to be installed are my/our property and I/we therefore
agree to be fully responsible for the permitted reservoir use including maintaining
structures in good repair. If the facility is deemed unsafe by a Lake Management
Representative, 1/we agree to repair or remove the facility at my/our own expense and
within the specified timeframe. This responsibility is considered to transfer automatically
along with ownership and leases of the adjoining tract.
I/we understand that as an owner or lease holder of property directly adjacent to DPNA's
project boundary I/we enjoy the same rights and privileges for general recreational use
and enjoyment of the project lands and waters as are afforded the general public. 1/we
understand that as an adjoining property owner I/we may, with proper written approval,
be considered for expanded privileges as specified in the DPNA Shoreline Management
Guidelines (SMG).
I/we understand that certain activities specified in the SMG are prohibited because of the
DPNA lakes small size, environmental concerns, boating capacity limitations, safety
considerations and other reasons.
1/we understand that ownership/interest in a Common Use Facility eliminates the option
for me/us to also have a separate facility on any other lot within the affected subdivision
that 1/we own or lease..
•
Attachment D. SMP - User's Agreement 2 Rev: DRAFT 10/15/2003
Attachment D. Shoreline Management Program Documents - User's Agreement
11we understand that Lake Management's approval of the requested reservoir use in no
way constitutes assignment of an interest in real property (i.e. land rights). I/we also
understand that the permitted use may be revoked at any time by Duke Power or its
successors, if deemed necessary to operate its electric business.
11we understand that there will be no change in hydro project operations as a result of
construction and/or utilization of the permitted proposed structures.
11we understand that the proposed structure will be used only for the purposes described
in the information submitted to Lake Management and other appropriate governing
bodies for approval.
11we understand that this lake is open for use by the general public and that maintaining
safe and lawful public use is one of the primary lake management objectives of DPNA.
I/we understand that the use for which we are applying is a private use and it should not
interfere with the general public's safe and lawful use of the lake.
I/we understand lake use permit holders have the authority to prevent others from
trespassing on the structures they have built.11we also understand that I/we, however, do
not have any authority to impede anyone from pursuit of the lawful public recreation
enjoyment of FERC project lands and waters. Except as specified otherwise in the
Shoreline Management Guidelines or other DPNA documents (e.g. Public Safety Plans),
anyone may fish around/under structures built by others, may walk/wade/fish within the
FERC project boundary or any DPNA-owned peripheral strip, boat in the lake's waters,
etc. without having to get anyone's permission to do so. Boaters may not block
ingress/egress to piers/docks.
I/we understand that every reasonable effort must be made to minimize any adverse
impact on fish, wildlife, and other natural resources.
I/we understand that trees and vegetation growing within the project boundary play an
important role in the overall environmental condition of the lake. The ecological benefit
the vegetation has on the fish and wildlife habitat supports a sound and healthy lake
environment. 11we also understand that unauthorized removal of shoreline vegetation (i.e.
button bushes, willows, cattails, etc.) and/or disturbance of the shoreline buffer may
result in suspension or denial of lake use permitting requests and require me/us to re-
establish the vegetation, if the disturbance is found to be in violation of the state or
county watershed buffer regulations or Duke Power Nantahala Area Vegetation
Management Requirements.
I/we agree to notify Lake Management when construction is completed. During the
construction period, the weather-proof "Duke Power Approved Lake Use Activity" sign
(to be provided by Lake Management) must be posted at the job site, visible from the
water's edge.
Attachment D. SMP - User's Agreement 3 Rev: DRAFT 10/15/2003
Attachment D. Shoreline Management Program Documents - User's Agreement
11we agree to notify Lake Management if the property is sold and provide the name and
is address of the new owner. The new owner has 180 days following the date of closing on
the property purchase to sign this agreement and its conditions.
11we agree that Duke Power may enter into agreements with third parties permitting use
of the project property that promotes the overall recreational purposes of the project.
Ywe agree that this agreement confers no right to construct or maintain public and private
beaches, marinas or campgrounds.
11we agree that the adjacent Duke Power project property shall be used exclusively for
non-commercial recreational purposes.
1/we agree not to rent, lease or otherwise allow third parties (except for temporary use by
guests, family members, and renters of the residential property) to use any structures
permitted to me/us by DPNA..
11we agree not to allow any use of the adjacent property and will exercise due care and
diligence to prevent all other persons that are affiliated with my/our property (including
invitees, family members, guests, etc.) to violate an applicable federal, state or local law
or regulation. Examples include but are not limited to nudity, illegal discharge of firearms
or fireworks, controlled substance abuse, public drunkenness, public urination or
defecation, or other activities determined to be a nuisance by law enforcement officials.
• I/we agree to exercise all care and due diligence to preserve and maintain the character of
the DPNA's adjacent property. Uwe agree to comply with the DPNA Vegetation
Management Requirements. I/we agree further to not allow sewage, including discharge
from septic tanks (or similar facilities) or boat holding tanks, garbage, trash, or other
waste material to be discharged or dumped into the reservoir, tributaries or adjacent
property.
1/we understand that as an adjoining property owner 11we can make no change in land
form of land within the FERC project boundary or land owned by DPNA, such as
grading, excavation or filling without prior written approval by Lake Management.
11we agree that only floating piers/docks (unless otherwise authorized by DPNA in
writing) will be placed on the project property and that no piers/docks or structures will
be built on project property without prior written authorization by DPNA.
Ywe agree for myself/ourselves, members of my/our family, guests and invitees that I/we
assume all risks of personal injury or property damage incident to my/our occupancy and
use of the premises; including but not limited to any personal injury or property damage
which may be sustained as a result of flood waters or in connection with the rise and fall
of water in the reservoir as a result of floods or of the operation of Duke Power's hydro
electric facilities. 11we as the adjoining property owner further agree that Ywe will
• indemnify, protect, defend, and save harmless Duke Power from any and all loss, cost,
Attachment D. SMP - User's Agreement 4 Rev: DRAFT 10/15/2003
Attachment D. Shoreline Management Program Documents - User's Agreement
claims damages, expenses, judgments and causes of action for all injuries and damages
• sustained by the members of my/our family, guests, and invitees arising or claimed to
have arisen in connection with their occupancy or use of the DPNA-permitted facility(s).
I/we agree to comply with all FERC orders (as modified or interpreted by FERC), with all
other applicable FERC Rules and Regulations imposed by Duke Power, and with all rules
or regulations imposed on Duke Power by any governmental agency.
I/we understand this user's agreement does not have an expiration date and is transferable
to the next property owner provided the new owner signs a new agreement within 180
days following the date of closing on the property purchase.
11we have included a check for the applicable filing fees and security deposits and copies
of all other necessary permits.
11we acknowledge that DPNA has the right to charge reasonable user's fees for private
use of its property and that failure to pay any applicable user's fees in a timely manner
can result in the suspension or cancellation of any previously approved lake use permit.
11we agree to maintain any prescribed mitigation activities, that are required in order to
gain approval for facility construction, as long as the facility exists.
I/we agree that camping is only allowed in designated areas.
[/we recognize that 11we have the continuing responsibility onsibili to ensure that the constructed
g p ty structures are maintained in good repair, including, but not limited to maintenance of the
dock and boat slips, and proper erosion control within the permit area and along the
shoreline, and agree to take all reasonable steps necessary to meet this responsibility.11we
agree to maintain all structures within the project boundary on DPNA-owned property in
a sound condition and in a neat appearance and pay all costs for said maintenance.
1/we agree that if any action is taken by Duke Power to enforce any provision, covenant
or agreement contained in this user agreement or DPNA Shoreline Management
Guidelines (SMG) or if Duke Power is required to retain an attorney to enforce any
provision, covenant or agreement contained in this user agreement or SMG (including,
without limitation, the payment of fees due hereunder or the removal of an encroachment
constructed in violation of this user agreement or SMG), then Duke Power shall be
entitled to recover all of its reasonable costs associated with such an action, including but
not limited to, attorneys' fees and court costs incurred in such action and/or enforcement;
provided, however, that the undersigned shall be entitled to recover all of its reasonable
costs associated with such an action, including but not limited to, attorneys' fees and
court costs incurred in such action and/or enforcement if judged to not be in violation of
any provision of the User Agreement or SMG.
11we agree that 11we have read and will abide by the DPNA Shoreline Management
Guidelines published under separate cover.
Attachment D. SMP - User's Agreement 5 Rev: DRAFT 10/15/2003
Attachment D. Shoreline Management Program Documents - User's Agreement
?J
C7
•
I/we understand that Lake Management representatives may issue Stop Work Directives
for any violations of the SMG or engagement in prohibited acts or activities on DPNA
property as specifically identified in the SMG. I/we understand that persons found to be
in violation will be subject to DPNA sanctions which can include: 1) restoration of the
impacted area at the person's expense; 2) loss of consideration of any future lake use
permitting activities for up to five years for improper vegetation removal or until
vegetation is satisfactorily re-established (even if there is a change in property
ownership); 3) revocation of a previously issued permit and loss of consideration of any
future lake use permitting activities and/or reinstatement of the revoked permit; 4)
increases in fees; 5) modification or removal of non-complying structures; and/or 6)
further legal action being taken by DPNA.
(Applicant's Name)
Lake Street Address
City/State/Zip Code
Lake Phone Number
(Designated Duke Power Agent)
Applicant's Signature
Home Street Address
City/State/Zip Code
Home Phone Number
Date:
Date:
Attachment D. SMP - User's Agreement
Rev: DRAFT 10/15/2003
Attachment E - Draft Access Area Maintenance Agreement between DPNA and the NCWRC
STATE OF NORTH CAROLINA ) NANTHALA AREA
• COUNTIES OF CLAY, GRAHAM, ) PUBLIC ACCESS AREAS
JACKSON, MACON, AND SWAIN ) AGREEMENT
NORTH CAROLINA WILDLIFE RESOURCES COMMISSION
NANTAHALA AREA FERC HYDROELECTRIC PROJECTS
THIS PUBLIC ACCESS AREA AGREEMENT (this "Agreement") is made
this day of 2003, between DUKE ENERGY CORPORATION, a North
Carolina Corporation ("Grantor"), and the North Carolina Wildlife Resources
Commission (NCWRC), an Agency of the State of North Carolina ("Grantee");
WITNESSETH:
WHEREAS, "Duke Power, a division of Duke Energy Corporation, Nantahala
Area", is the official title by which Grantor has been licensed by the Federal Energy
Regulatory Commission (FERC) to operate the following North Carolina Hydroelectric
Power Projects:
? The Bryson Project (FERC Project No. 2601) in Swain County on the
Oconaluftee River,
? The Dillsboro Project (FERC Project No. 2602) in Jackson County on the
Tuckasegee River,
? The East Fork Project (FERC Project No. 2698) in Jackson County on the
East Fork of the Tuckasegee River,
? The Franklin Project (FERC Project No. 2603) in Macon County on the Little
Tennessee River,
? The Mission Project (FERC Project No. 2619) in Clay County on the
Hiwassee River,
? The Nantahala Project (FERC Project No. 2692) in Clay and Macon Counties
on the Nantahala River, Dicks Creek, and White Oak Creek, and
? The West Fork Project (FERC Project No. 2686) in Jackson County on the
West Fork of the Tuckasegee River;
and which may be referred to individually or collectively as the "Project" or "Projects"
and may also referred to collectively as the "Nantahala Area FERC Projects" and;
WHEREAS, Grantor owns the tracts of land, here-in-after referred to as "Public
Access Areas", the names, acreage and boundaries of which are shown in Exhibit A
attached hereto, adjacent to the aforementioned Projects' waters and rivers which provide
access for public recreation purposes; and,
WHEREAS, Grantor desires to lease portions of the Public Access Areas shown
in Exhibit A to state and local governmental agencies, commercial vendors or other
is interested parties, through its "Access Area Improvement Initiative", which is designed
Attachment E. Draft DPNA/NCWRC Access Area Maintenance Agreement Rev: DRAFT 10/15/2003
Attachment E - Draft Access Area Maintenance Agreement between DPNA and the NCWRC
to ensure the development and maintenance of a variety of high quality recreational
• opportunities for the general public; and,
WHEREAS, the Grantee agrees to: (1) enforce the laws of the State of North
Carolina and its own regulations for which it is responsible on all parts of the Public
Access Areas which are the subject of this Agreement; and (2) maintain the Public
Access Areas shown on Exhibit A, except for those portions of the Public Access Areas
that have been or may be leased by Grantor to another entity; and,
WHEREAS, Grantor has agreed to pay Grantee $ annually for the
maintenance of the Public Access Areas which are the subject of this Agreement and
Grantee will make, on a matching fund basis, an annual minimum of $ for
capital improvements, with matching funding sources coming from but not limited the
following sources: (1) Grantor, (2) a state, local, or other governmental agency, (3) a
third party lessee, or (4) donation from an individual.
NOW, THEREFORE, the parties enter into the following Agreement, subject to
the exceptions and reservations and upon the terms and conditions and for the purposes in
this instrument set out for the Public Access Areas, shown on Exhibit A of this
Agreement.
1. Term: This Agreement shall become effective as soon as signed by the
• parties hereto and shall terminate on 20. Except, however, this
Agreement may be renewed after the termination date, but Grantor shall not be obligated
to renew. Grantor may terminate this Agreement at any time if directed to do so by the
FERC or its successor agency having jurisdiction over hydroelectric reservoirs which are
subject to the Federal Power Act. Grantor may also terminate this Agreement pursuant to
Paragraph 15 herein.
2. Previous Agreements: This Agreement replaces and supercedes any and
all prior Agreements that may have been entered into by Grantor and Grantee for said
Public Access Areas and such prior Agreement or Agreements are of no further force or
effect.
3. Wildlife Protection Access: Grantee, its agents and assigns shall have the
rights of ingress and egress upon all of the Public Access Areas of Grantor designated on
Exhibit A at any and all times for the protection and propagation of wildlife.
4. Law Enforcement: Grantee has the responsibility under this Agreement to
enforce the laws of the State of North Carolina and its own regulations for which it is
responsible, on all portions of all Public Access Areas listed in Exhibit A , except those
portions of the Public Access Areas that have been leased to another party.
5. Cost-Share: Grantor has agreed to pay Grantee a $ per year
fee to maintain the Public Access Areas which are the subject of this Agreement. In
• return for this annual fee, Grantee has agreed to provide a minimum of $ _ per
Attachment E. Draft DPNA/NCWRC Access Area Maintenance Agreement Rev: DRAFT 10/15/2003
2
Attachment E - Draft Access Area Maintenance Agreement between DPNA and the NCWRC
year toward capital improvements on the Public Access Areas, provided that matching
• funds are available on a 50-50 match basis. Matching funding can come from numerous
sources, including but not limited to (1) Grantor, (2) a state, local, or other governmental
agency, (3) a third party lessee, or (4) donation from an individual. That portion of the
funding provided for capital improvements to match Grantee's funds may only be
utilized for improvements that directly benefit boating access users or public fishing area
users. The annual cost-share amount can exceed $ _ if the Grantee has
additional funds available for improvements to the Public Access Areas. Further, to
insure Grantee retains the potential to utilize "U.S. Fish and Wildlife Sportfish
Restoration Funds", the source of matching funds shall not be a federal government
source. All capital improvements constructed with these matching funds, that are not
located within the physical boundaries of the Grantee managed portion of the Public
Access Area, must remain accessible and free of charge to boating access facility users
and public fishing area users for the duration of this Agreement. The Grantee's
contribution towards capital improvements, (which may include materials and/or labor in
lieu of dollars), will be detailed in an annual report which must be submitted to Grantor
prior to the Annual Coordination Meeting (see Paragraph 6), for discussion. If Grantee's
contribution will be in materials and/or labor, such activities may not proceed until
approved by Grantor.
6. Compliance with Federal. State and Local Laws: Grantee agrees that its
use of the Public Access Areas as herein provided will be consistent with all FERC
• orders and regulations regarding recreation opportunities and development at licensed
projects, and all other applicable state, federal and local laws as well as all ordinances,
rules, regulations and sanctions of any regulatory body or governmental agency (state,
federal or local) having jurisdiction in the subject premises, and Grantee's use of the
aforesaid subject premises will comply with all applicable Duke Power Lake
Management requirements and will not endanger health or safety, create a nuisance or
otherwise be incompatible with the overall recreation use of the Bryson, Dillsboro, East
Fork, Franklin, Mission, Nantahala, and West Fork Projects.
7. Boat Launching Facilities: Grantor will provide public boat launching
facilities where such facilities are indicated on Exhibit A, for the duration of this
Agreement. Should relocation or replacement of public boat launching facilities be
required for any of the Public Access Areas that are the subject of this Agreement, the
major repair cost measures defined in Paragraph 12 will be implemented to determine the
funding for such relocation or replacement.
8. Si na e: Grantor will provide all information as may be required at a
Public Access Area's entrance, boat access ramp, or other required site, for signage as set
forth in the Nantahala Area FERC Project licenses and Grantee will erect and maintain
all said signs.
9. Maintenance: Grantee shall provide routine maintenance and repairs at all
• the Public Access Areas, including but not limited to those items specified in `a' through
`o' below.
Attachment E. Draft DPNA/NCWRC Access Area Maintenance Agreement Rev: DRAFT 10/15/2003
3
Attachment E - Draft Access Area Maintenance Agreement between DPNA and the NCWRC
• a. Entrance Road: Entrance roads are to be maintained in a safe, open, and
clear condition and repaired on an as needed basis to ensure a good quality surface
and drainage is maintained. Repairs may include, but are not limited to: repairing
asphalt and maintaining gravel drives clear of ruts by grading and/or adding stone,
keeping side ditches, water bars and culverts clear of water flow impediments,
painting lines, and repairing guardrails.
b. Parking Lots and Turnarounds: Parking lots and turnarounds are to be
maintained in a safe condition and repaired on an as needed basis to ensure good
drainage. Repairs may include, but are not limited to: repairing asphalt, repainting
faded lines and letters, painting new lines and letters, repairing curbing, applying
asphalt sealer, maintaining gravel areas clear of ruts, ensuring proper drainage by
grading and/or adding stone, and keeping all areas clear of debris, weeds, and grass.
c. Courtesy Docks and Fishing Piers: Courtesy docks and fishing piers are
to be maintained in a safe condition and repaired as needed to ensure user safety.
Repairs may include, but are not limited to: replacing broken or defective parts,
replacing broken or loose pilings, replacing defective floats, insuring dock sections
remain attached to each other, maintaining stone level around dock abutments and
ramps, insuring nails and fastening devices are flush with dock surfaces, ensuring
boat bumpers remain in sound condition, and maintaining handrails free of any rough
• or sharp areas.
d. Boat Launch Ramps: Boat Launch ramps are to be maintained in a safe
condition and repaired as needed to ensure user safety. Repairs may include, but are
not limited to: removal of debris and silt or any items that could hinder boat
launching, maintaining stone at a sufficient level along edges and ends of ramps to
ensure safety, and repairing any holes in ramps.
e. Drainage Control Devices: Drainage control devices provided to
eliminate or minimize erosion problems are to be maintained in a safe condition and
repaired as needed to ensure good drainage. Repairs may include, but are not limited
to: correcting erosion problems and keeping drainage ditches and culverts clear of
all debris, trees, and other drainage impediments.
f. Access Area Shoreline: The entire shoreline of all Pubic Access Areas is
to be maintained in a safe condition and repaired as needed to ensure safety of
recreation users and to maintain effective erosion control. Repairs may include, but
are not limited to: maintaining or adding erosion control materials and removing
brush or trees that threaten to displace erosion control materials or threaten the
integrity of the bank.
g. Dead or Diseased Tree Removal: All dead or diseased trees or fallen tree
• and limbs that are or could impact the use or maintenance of the Public Access Area
are to be removed in a timely manner.
Attachment E. Draft DPNA/NCWRC Access Area Maintenance Agreement Rev: DRAFT 10/15/2003
4
Attachment E - Draft Access Area Maintenance Agreement between DPNA and the NCWRC
h. Tree Maintenance: Ensure that all trees bordering parking areas, roads
and/or walkways do not block driver vision; do not interfere with the movement of
pedestrians, vehicles, and boats; and do not impede mowing and maintenance of the
Public Access Area. Trees that may block vision or interfere with vehicle and boat
movement or that have dead limbs that could injure recreation users if they fall will
be promptly removed from the site.
i. Trash Removal: Trash receptacles placed in Public Access Areas will be
maintained in a safe and sanitary condition and must be sized to adequately handle
the volume of debris normally disposed of in the area. All trash receptacles should
be emptied weekly or more often so that the accumulation of trash/refuse/junk does
not present a safety or health hazard. Heavily used Public Access Areas may require
more frequent trash removal and frequency of trash removal may need to be
increased during peak recreation seasons and on weekends. All refuse and trash
should be removed from the grounds before mowing and if scattered around the
Public Access Areas removed on a weekly basis or as often as needed to ensure a
safe and hazard free area.
•
j. Grass and Ground Cover: Ground covers, such as shrubs, grass, or
mulch, will be provided throughout the Public Access Areas and should be
maintained in a safe, environmentally sound, and aesthetically pleasing condition.
Mulch and/or grass areas should be maintained at a height of not less than three (3)
inches or more than eight (8) inches. Grass is to be mowed to the ditch or tree line
along roadways, to the tree line around parking lots and to the tree line in open areas.
Mowing an additional four (4) feet (or one mower width of at least three [3] feet) on
the opposite side of the ditch line should be done in May, August and November or
whenever appropriate to keep vegetation growth from spreading to other areas.
k. Use of Herbicides: Environmentally acceptable herbicides approved by
the Environmental Protection Agency and/or the North Carolina Department of
Agriculture may be utilized in Public Access Areas as needed to control unwanted
vegetation in driveways, parking lots, turnaround areas, designated foot paths,
stabilized shoreline areas and on boat ramps. Herbicide may be applied to the first 6
(six) inches of grass around the edges of the parking lots, turnarounds and roads and
around signposts, trash can pads, light poles and culverts to minimize the amount of
trimming needed.
1. Use of Fertilizer: Use of fertilizer is permitted on a seasonal basis as
needed. Public Access Areas should be fertilized twice per year or at the times
recommended and with the type of fertilizer recommended by the manufacturer for
the type of material being treated.
•
in. Use of Grass Seed: The timing of, preparation for, and application of
grass seed will be dependent on the manufacturer's recommendations for the type of
seed being applied.
Attachment E. Draft DPNA/NCWRC Access Area Maintenance Agreement Rev: DRAFT 10/15/2003
5
Attachment E - Draft Access Area Maintenance Agreement between DPNA and the NCWRC
• n. Side: All signage provided by the Grantee must be maintained in safe
and readable form.
o. Lighting and Utility Lines: All lighting must be installed to current
building and electrical code requirements and maintained in a safe manner. The
Grantee will assume all costs associated with any lighting and its maintenance,
including but not limited to payment of power bills. To the maximum extent
practicable, new or modified utility lines and/or boating facilities should be designed
so that overhead utility lines do not cross boat access roads, parking lots, turn-around
areas, or boat launch ramps. Any overhead utility lines that have no other practical
alternative to being located within the areas defined above, must be designed with
the height clearances required by the National Electric Safety Code or any other
applicable electrical safety codes, whichever is the most restrictive and provides for
the greatest height.
10. User Fees: User fees on any portion(s) of the Public Access Areas subject
to this Agreement and under control of Grantee, may only be charged under the following
conditions:
a. Review Process: At least sixty (60) days prior to implementation of
user fees, all parties will be provided with a copy of the proposed fee schedule
. and a written proposal describing how the fees will be collected and how the
proceeds will be distributed and utilized. (Note: As a general rule, proceeds from
user fees should be equitably shared among the parties considering the site uses to
which the fees apply and the relative proportion of each party's operating and
maintenance expenses for those applicable site uses.)
b. Prior Written Approval Required: User fees may not be implemented
until all involved parties have agreed and written approval has been received from
Grantor.
c. Review of User Fees: User fees established for the Public Access
Areas must be a reasonable and customary amount and are subject to review and
approval by the FERC to ensure Project license compliance.
d. Exemptions from User Fees: Grantor's employees, Grantee's
employees, third party lessee's employees, local law enforcement officials, local
environment and public health officials, and local emergency response crews, or
any other official operating in his/her official capacity will be exempt from user
fees.
11. Improvements: Grantee shall have the right, at its own expense, to make
additions or modifications to facilities at the Public Access Areas, to change operating
hours of such facilities, and to implement or modify user fees consistent with the purpose
• of the Public Access Areas. However, Grantee shall submit such requests in writing to
Attachment E. Draft DPNA/NCWRC Access Area Maintenance Agreement Rev: DRAFT 10/15/2003
6
Attachment E - Draft Access Area Maintenance Agreement between DPNA and the NCWRC
Grantor and shall receive written approval from Grantor prior to initiating any work or
instituting changes to the hours or user fees at the Public Access Areas. Additions to or
modifications of any facilities will require the submittal of detailed plans, including but
not limited to construction plans and elevation drawings. Major additions or
modifications may require the approval of applicable local, state, and federal agencies
prior to submittal of the request to Grantor and in certain situations the Grantor will need
to submit Grantee's written request to the FERC for approval, prior to issuance of
approval by Grantor.
12. Major Repair Costs: When major "non-routine" repairs or replacement of
any facilities becomes necessary, Grantor and Grantee will consult to identify the
resources necessary to make such repairs, and then determine the availability of the
necessary resources and/or funding including the cost-share funding as defined in
Paragraph 5. Approval by both parties will be required prior to work being initiated.
Major repairs may include, but are not limited to repair or replacement of docks, piers,
boat launch ramps, access roads, or parking lots.
13. Annual Coordination Meeting: At least once each year, Grantor and
Grantee will meet, during the period of January to March, to discuss and coordinate
future development plans for improvements to the Public Access Areas. Potential
projects for joint funding in any given year will normally be presented and discussed
during the previous year's Coordination Meeting, with a final decision made not later
than June of the year before construction is to be initiated. Additional topics for the
Coordination Meeting may include any proposed changes in operating hours or the
implementation or modification of any user fees. Decisions on projects, operating hours
and user fees must be acceptable to both Grantor and Grantee in order to be implemented.
14. Joint Inspection: Grantor and Grantee will perform an annual joint
physical inspection of each of the Public Access Areas included in this Agreement, to
insure the Public Access Areas are being maintained in a safe manner and to the levels
mutually acceptable to Grantor and Grantee.
15. Termination: This Agreement or any part thereof may be terminated by
either party upon ninety (90) days written notice to the other. Upon termination or
expiration of this Agreement, Grantee shall have the right to remove any and all
buildings, apparatus and materials supplied by them for the purpose of this Agreement
for a period of ninety (90) days. If Grantee shall not have removed its personal property,
any remaining buildings, apparatus or materials shall become the property of the Grantor.
16. Amendments: Amendments to this Agreement may be proposed by either
party upon thirty (30) days written notice to the other, and such amendments, when
agreed to by both parties, shall become effective on the date such Amendment is signed
by the parties hereto.
• 17. Transfer or Assignment: Grantee may not transfer or assign this
Agreement to any other party or entity.
Attachment E. Draft DPNA/NCWRC Access Area Maintenance Agreement Rev: DRAFT 10/15/2003
7
Attachment E - Draft Access Area Maintenance Agreement between DPNA and the NCWRC
• 18. Changes to Public Access Areas: Grantor reserves the right to move, alter
or change the location, boundaries or layout of any Public Access Area or private road
access to any Public Access Area, wherever and whenever it shall become necessary in
order to insure 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 Public Access Area or road
is necessary to the operations of Grantor. In the event the relocation of any Public
Access Area becomes necessary, Grantor will notify the Grantee and will attempt to
relocate the affected Public Access Area on land owned by Grantor and at a location
satisfactory to the Grantee. Grantor may add, remove or close all or any portion of any
Public Access Area, at any time, after notifying the Grantee of the proposed action.
19. Notice of Changes to Design or Operation: Grantor will notify Grantee of
all new orders issued by the FERC that may impact the existing or future design and/or
use of the Public Access Areas which are the subject of this Agreement, in writing.
20. Response to Increase in Recreation Use: Grantor will in good faith
endeavor to accommodate future increases in public recreation demand on any or all of
the FERC Nantahala Area Projects by either arranging for the expansion of the Public
Access Areas which are the subject of this Agreement or by arranging for new and/or
replacement public recreation facilities on lands that are or may become available for
such purposes and are consistent with the operation of Grantor's business.
21. FERC License Conflicts: This Agreement is subject to the terms and
conditions of the licenses issued by the FERC for the Bryson, Dillsboro, East Fork,
Franklin, Mission, Nantahala, and West Fork Projects. In the event of any conflict
between the terms and conditions of this Agreement and the terms of any of the
individual Project licenses, it is agreed that the terms of the applicable Project(s) license
shall prevail.
22. Reservation of Use: The right to use the Public Access Areas which are
the subject of this Agreement for Project purposes and for any other purpose consistent
with Grantor's business operations is hereby reserved to the FERC project licensee, its
successors and assigns.
23. Reservation of Authority: No terms or conditions herein contained shall
be construed as limiting or affecting in any way the authority of Grantor in connection
with its exercise of proper protection and administration of the Public Access Areas or its
Nantahala Area FERC Projects.
24. Fire Protection: In the event of a fire within or threatening to the lands or
facilities of any of the Public Access Areas, Grantee agrees to assist Grantor with fire
protection.
• 25. Leases of Portions of the Public Access Areas: Grantor has the right to
lease portions of the Public Access Areas to state or local agencies, third parties, or
Attachment E. Draft DPNA/NCWRC Access Area Maintenance Agreement Rev: DRAFT 10/15/2003
8
Attachment E - Draft Access Area Maintenance Agreement between DPNA and the NCWRC
individuals for the provision of additional public recreation facilities and the terms of this
• Agreement will become a part of the lease on said portions of the Public Access Area,
subject to the approval of all parties.
26. Public Use of Facilities: Grantee will allow any recreation user of any
leased portion of the Public Access Areas to cross and use the portion of the Public
Access Area under control of Grantee, for the purpose of viewing the lake or any other
lawful recreation activity.
27. Entry by Additional Lessees: Additional Lessees, its agents and
representatives, created by the lease of a portion of the Public Access Areas as provided
in Paragraph 26 above, may at all reasonable times enter, cross and use the portion of the
Public Access Areas maintained by the Grantee, for the purpose of installing and
maintaining utility lines, roads and trails according to the previously approved facilities
improvement plan for the Public Access Areas.
28. Utility Easement: Grantor reserves an easement to build, construct,
maintain and operate electric distribution/transmission lines on, over, along and above
the leased premises. Grantor also reserves the right, privilege and easement to erect,
construct, reconstruct, replace, maintain and use towers, poles, wires, crossarms and
other appliances and fixtures for the purpose of transmitting or distributing electric
power, for said Grantor's communication purposes, and for any other purpose that is, in
Grantor's sole discretion, consistent with Grantor's business operations, together with the
right to keep said lines, appliances, and fixtures free of structures, trees and other objects
that may endanger or interfere with same.
29. Flooding: Grantor reserves the unlimited right to back or flood the waters
or tributaries of the Nantahala Area FERC Projects, from time to time and at any and all
times over and upon the leased premises or any portion of the same, to such extent the
flooding may be necessary or convenient in connection with the practical operation of its
hydroelectric power plants located or to be located in the future in the Nantahala Area.
Grantee agrees that any damage it may suffer as a result of such flooding shall not be
claimed or charged against Grantor. Grantee hereby waives all claims against Grantor
for damages resulting from floods that may occur on the rivers or any tributary associated
with the Bryson, Dillsboro, East Fork, Franklin, Mission, Nantahala, and West Fork
Projects.
30. FERC Project Restoration: Grantor shall be under no obligation to
Grantee to maintain or continue to operate the Bryson, Dillsboro, East Fork, Franklin,
Mission, Nantahala, and/or West Fork Projects and should said Project(s) be damaged,
destroyed or removed, the Grantor shall be under no obligation to restore or rebuild same,
and Grantee hereby waives all claims against Grantor for damages to or destruction or
removal of said Project(s).
31. Indemnity: Grantee, to the extent allowed by applicable North Carolina
law, specifically as may be authorized by the General Statutes of North Carolina, Article
Attachment E. Draft DPNA/NCWRC Access Area Maintenance Agreement Rev: DRAFT 10/15/2003
9
Attachment E - Draft Access Area Maintenance Agreement between DPNA and the NCWRC
31, Chapter 143-291, entitled "Tort Claims Against State Departments and Agencies",
• covenants to indemnify and save harmless Grantor from and against any and all claims,
liability, loss or damage, arising from any conduct, work or thing done under the terms of
this Agreement, to include injury or damage to any person or persons, including Grantor,
or to the property of any person, or persons or corporations occurring on or within the
Public Access Areas which are the subject of this Agreement, as the result of any activity
of Grantee, its agents, employees, or any other person or entity under the direction of the
Grantee, and for any protection, mitigation and enhancement measures or activities
required by FERC or its successor agency in connection with the activities conducted by
Grantee hereunder. Upon the State of North Carolina (State) contracting with an entity
for the purpose of constructing any facilities on the Public Access Areas that are the
subject of this Agreement, Duke Energy Corporation shall be named as an insured or an
additional insured on a policy of insurance covering the scope of such activity prior to the
commencement of any activity by the State, its agents or contractors. Any contractor or
subcontractor performing work on property that is the subject of this easement shall have
in place prior to commencement of any activity and during the performance of any
activity, the following types of insurance and coverage limits:
? General Liability Coverage - Two million dollars per occurrence.
? Auto Liability - one million dollars per occurrence.
? Workers Compensation within statutory limits.
? Employers Liability - five hundred thousand dollars each accident.
? Contractor's Pollution Liability Coverage - one million dollars per occurrence.
32. Limitation of Liability: Grantor and Grantee agree and warrant that any
and all work performed within the Public Access Area will be performed with
professional thoroughness and using acceptable standard business practices. Grantor's
total cumulative liability to Grantee for claims of any kind whether based on contract,
tort (including negligence and strict liability and excluding willful misconduct), under
any warranty or otherwise, for any loss or damage relating to this Agreement, shall in no
case exceed the cost of completing the work in accordance with acceptable business
practice, and Grantee releases Grantor from all further liability in excess of this amount
for any work performed under this Agreement. Grantee further releases Grantor from
any and all liability resulting from any injury of any employee of Grantee or anyone
performing any service at the direction of Grantee on the Public Access Areas, excluding
any acts of willful misconduct of the Grantor.
Neither party shall be liable, whether based on contract, tort (including negligence
and strict liability), under any services or work performed relating to this Agreement, for
any consequential, indirect, special, or incidental loss or damage, any damage (except to
the extent damage resulted from willful misconduct) to or loss of any property or
equipment.
This limitation of, or protection against liability shall also protect directors,
officers, employees, agents, consultants, suppliers, subcontractors, and affiliated entities
is and their directors, officers, employees, agents, consultants, suppliers, subcontractors,
Attachment E. Draft DPNA/NCWRC Access Area Maintenance Agreement Rev: DRAFT 10/15/2003
10
Attachment E - Draft Access Area Maintenance Agreement between DPNA and the NCWRC
parents, subsidiaries and affiliates of the Grantor and shall apply regardless of the fault
is (excluding willful misconduct), negligence or strict liability of the respective party.
Grantee waives and will require its insurers to waive all rights to recovery and
claims of any kind, including rights and claims to which its insurers or another may be
subrogated, against Grantor arising out of damage to, or loss of use of any of Grantee's
property, located on the Public Access Areas, whether based on contract, tort (including
negligence and strict liability), under any warranty or otherwise. These waivers are
effective as to all damages to, or losses of use of property arising out of or relating to this
agreement or deficiencies in the services provided hereunder and Grantee hereby
covenants that no such action or claim shall be brought by or through Grantee on any
theory whatsoever. In the event Grantee or its insurers recover damages from a third
party for losses or damages to which the foregoing waivers apply, Grantee shall
indemnify and hold Grantor harmless against any liability for any such losses or damages
which said third party recovers from Grantor and any expenses (including attorney fees
and other cost of investigation and defense) related hereto.
The limitation of liability in this provision shall apply notwithstanding any other
provision of this Agreement.
33. Non-warranty, As Is: Grantor makes no representation or warranty,
express or implied, and will bear no responsibility, as to the existing or future water
• quality or quantity in the lakes and rivers associated with the Bryson, Dillsboro, East
Fork, Franklin, Mission, Nantahala, and West Fork Projects or the sufficiency or
suitability of the Public Access Areas for use as a public park and/or public recreation
site. Grantee accepts the Public Access Areas in "AS IS" condition.
34. Survival: Provisions of this Agreement for Termination #15, Limitations
of Liability #32, Survival #34 and the indemnification provision of this Agreement shall
survive the termination or cancellation of this Agreement and shall remain in effect.
35. Recovery of Fees and Costs: If any action is taken by Grantor to enforce
any provision, covenant or agreement contained in this Agreement or if Grantor is
required to retain an attorney to enforce any provision, covenant or agreement contained
in this Agreement (including, without limitation, the removal of an encroachment
constructed on any Public Access Area in violation of this Agreement), then Grantor
shall be entitled to recover from Grantee all Grantor's reasonable attorneys' fees and court
costs incurred in such action and/or enforcement.
36. Notices: Wherever in this Agreement it shall be required or permitted that
notice be given by either party to this Agreement to the other, such notices must be in
writing and must be given personally or forwarded by certified mail addressed as follows:
•
Attachment E. Draft DPNA/NCWRC Access Area Maintenance Agreement Rev: DRAFT 10/15/2003
11
Attachment E - Draft Access Area Maintenance Agreement between DPNA and the NCWRC
To Grantor: Duke Energy Corporation
• Attn: Fossil/Hydro Department, Lake Management
EC 12Q
P.O. BOX 1006
Charlotte, NC 28201-1006
To Grantee: North Carolina Wildlife Resources Commission
Division of Engineering Services
Attn: Division Chief
1720 Mail Service Center
Raleigh, NC 27699-1720
[Signature Pages Follow]
C
•
Attachment E. Draft DPNA/NCWRC Access Area Maintenance Agreement Rev: DRAFT 10/15/2003
12
Attachment E - Draft Access Area Maintenance Agreement between DPNA and the NCWRC
• IN WITNESS WHEREOF, the parties hereto have caused this instrument to be
executed this the day and year first above written.
ATTEST: DUKE ENERGY CORPORATION
By By
(Name) (Name)
(Title)
STATE OF NORTH CAROLINA
COUNTY OF
I, a Notary Public for the above State and
County, hereby certify that personally came before
me this day and acknowledged that she is of DUKE
ENERGY CORPORATION, a corporation, and that by authority duly given and as the act
of said corporation, the foregoing and annexed instrument was signed in its name by
,its ,
sealed with its corporate seal and attested by as
its
WITNESS my hand and official seal, this the day of ,
2003.
Notary Public
My Commission Expires:
•
Attachment E. Draft DPNA/NCWRC Access Area Maintenance Agreement Rev: DRAFT 10/15/2003
13
Attachment E - Draft Access Area Maintenance Agreement between DPNA and the NCWRC
r?
ATTEST:
By
STATE OF NORTH CAROLIA
By
(Name) (Name)
Executive Director,
North Carolina Wildlife Resources Commission
STATE OF NORTH CAROLINA
COUNTY OF
I, , a Notary Public for the above State and
County, hereby certify that personally came before
me this day and acknowledged that -he is of THE
STATE OF NORTH CAROLINA and that by authority duly given and as the act of said
corporation, the foregoing and annexed instrument was signed in its name by
its ,
sealed with its corporate seal and attested by as
its
WITNESS my hand and official seal, this the day of ,
2003.
My Commission Expires:
•
Notary Public
Attachment E. Draft DPNA/NCWRC Access Area Maintenance Agreement Rev: DRAFT 1 011 512 003
14
Attachment F -Dillsboro Dam Removal EA Executive Summary
• EXECUTIVE SUMMARY
Duke Power, division of Duke Energy Corporation (Duke), has prepared this combined draft
Environmental Assessment (EA) and Biological Assessment (BA) in accordance with the
procedures for implementation of the National Environmental Policy Act (NEPA) through the
U.S. Fish and Wildlife Service (USFWS) as stated by the Council of Environmental Quality
(USFWS undated). The purpose of this EA is to disclose, identify, evaluate, and determine the
actions that may be taken by Duke, the supporting federal and state agencies, and other
stakeholders in determining the future of the existing Dillsboro Dam. The assessment describes
and evaluates alternatives to the proposed course of action. Duke will use the results of this
assessment as an objective decision-making tool in addressing the future of the Dillsboro Dam
and Powerhouse.
In association with this EA, is a companion Biological Assessment (BA) to determine what extent
the above mentioned actions may have on the federally listed Appalachian elktoe mussel
(Alasmidonta raveneliana). This biological assessment is prepared in accordance with legal
requirements set forth under Section 7 of the Endangered Species Act (16 U.S.C 1536 (c), and
follows the procedures established through the USFWS's NEPA guidance and ESA guidance.
The Dillsboro Project is located on the Tuckasegee River near the Town of Dillsboro in Jackson
County, North Carolina. Duke operates this hydroelectric project under a license from the
Federal Energy Regulatory Commission (FERC) (FERC Project No. 2602). This existing license
expires in 2006, and the process of obtaining a subsequent license officially began in 2000 with
Duke's release of the First Stage Consultation Document.
The Tuckasegee Cooperative Stakeholder Teams (TCST) Settlement Agreement (Agreement),
which will be signed by the authorized members in late October 2003, includes a Multi-Project
Resource Enhancement measure of the potential removal of Dillsboro Dam and Powerhouse. As
stated in the Agreement "...the Parties acknowledge that Duke Power worked with the USFWS,
North Carolina Division of Water Resources (NCDWR), North Carolina Division of Water
Quality (NCDWQ), North Carolina Wildlife Resources Commission (NCWRC), the North
Carolina State Historic Preservation Office (NCSHPO) and the Eastern Band of Cherokee Indians
(EBCI) and complete(d) the necessary environmental, cultural resource, and engineering
• assessments regarding the removal of Dillsboro Dam and potentially the Dillsboro Powerhouse.
These assessments evaluate(d) the potential effects of dam removal on aquatic species;
Attachment F. Dillsboro Dam Removal EA Executive Summary.doc Rev: Draft 10/15/2003
1
Attachment F -Dillsboro Dam Removal EA Executive Summary
determined the extent of any cultural resources impacts, and considered the options of removing
• the powerhouse." Therefore the need for taking action on this Project is directed towards
providing and satisfying the important resource enhancement initiative that will mitigate for the
various impacts of the Duke Power hydro projects, as described in the Agreement. The removal
of Dillsboro Dam would provide mitigation for fish passage and instream flow relief on the other
Nantahala projects.
Based on progress in association with the above-mentioned Settlement Agreement, an initial
scoping meeting was conducted in which the preliminary details and proposed outline of the
EA/BA were described to the TCST stakeholders. Representatives attending this initial scoping
meeting included:
¦ USFWS;
¦ Natural Resources Conservation Service (NRCS);
¦ U.S. Forest Service;
¦ EBCI;
¦ NCWRC;
¦ NCDWR;
¦ NCDWQ;
¦ Duke Power
In addition to this and several other issue update meetings, consultation letters (request for
information) were sent to the above stakeholders and several local governments (e.g., Town of
Dillsboro). Responses from these stakeholders, as well as the verbal comments from the scoping
and update meetings were used to develop this document and address the major issues.
Based on both internal discussions and stakeholder discussions and the nature of the Project,
several issues were identified that will require detailed evaluation and are important in the
decision-making analysis in comparison of the alternatives. These issues are as follows:
Sediment Quantity and Quality
The stakeholders have identified that sediment accumulation in the Dillsboro Project is an area of
concern. Discussions and analysis concerning this issue focus on the estimated quantity of
• existing sediment affected by the alternatives; quality (i.e., contamination) and
Attachment F. Dillsboro Dam Removal EA Executive Summary.doc Rev: Draft 10/15/2003
2
Attachment F -Dillsboro Dam Removal EA Executive Summary
mobilization/transport of any existing contaminated sediments; potential downstream sediment
. transport and distribution associated with the alternatives and any impacts; and any sediment
management techniques to be employed with the alternatives.
Aquatic Life
The stakeholders also identified that the alternatives may affect the abundance, types, and
movement/passage of aquatic life both upstream and downstream of the existing dam. EA
discussion and analysis addresses the existing conditions associated with the fishery and
macroinvertebrate resources and the potential effects to them from each of the alternatives.
Rare, Threatened, and End=4ered (RTE) Species
The scoping process for this Project and subsequent field studies has identified two RTE mussel
species and their critical habitats immediately downstream of the Dillsboro Dam. These species
include the Appalachian elktoe (federal and state endangered) and the wavy-rayed lampmussel
(Lampsilis fasciola) (NC Species of Concern). Two fish species, the wounded darter
(Etheostoma vulneratum) and the olive darter (Percina squamata), both NC Species of Concern,
are found immediately downstream of the Project. The only other RTE species found within the
Project is the aquatic Eastern hellbender (federal and NC Species of Concern). This EA is
required to address the effects of the alternatives on these species and also discuss the protection
measures to be potentially implemented. The companion BA addresses the impacts to the
federally listed Appalachian elktoe.
Wildlife
Several hundred little brown bats (Myotis lucifugus) are known to exist in the Dillsboro
Powerhouse. The USFWS recommended that protection measures (e.g., bat box installation)
might potentially be needed if the powerhouse removal or refurbishment alternative is selected.
This EA will address the effects of the alternatives on these species and also discuss the
protection measures to be potentially implemented.
Cultural Resources
The EBCI identified that the Project alternatives and any subsequent drawdown exposure may
affect previously unknown cultural resources. Moreover, the NCSHPO is currently reviewing the
status of the Dillsboro Powerhouse in relation to the National Register of Historic Places. This
•
Attachment F. Dillsboro Dam Removal EA Executive Summary.doc Rev: Draft 10/15/2003
3
Attachment F -Dillsboro Dam Removal EA Executive Summary
assessment will address the effects of the alternatives on these cultural resources and also discuss
• the protection measures to be potentially implemented.
Other Resource Issues
Several other issues are also included in the discussion and analysis of this assessment (e.g.,
recreation and aesthetics). Although they do not require extensive discussions in this section, they
have been factored into the cost/benefit analysis associated with this Project.
Alternatives Associated with the Dillsboro Dam
The alternatives considered in this EA/BA for the Dillsboro Dam are limited to No Action, Partial
Removal, and Full Removal. In association with the future of the Dillsboro Powerhouse, the
alternatives include No Action, Closure, and Full Removal.
Alternative A (No Action) has been established as a benchmark against which the proposed
action of the Dillsboro Dam may be compared and evaluated from a current baseline.
Alternative A is associated with No Action or continued operation of the Project. This alternative
would essentially keep the Project and the dam in the present state of operation. This Project
generates a relatively small amount of electricity (918,000 kWh per year) and will continue to do
so under this alternative. The dam, as described below, will remain intact and in place and will
continue forming the Dillsboro Reservoir.
The Dillsboro Dam is a concrete masonry structure (cyclopean dam) that is approximately 310
feet in length and 12 feet high. Duke will continue to serve the same loads and service areas that
they now serve. They will continue to retain the benefits of low-cost hydroelectric generation for
the customers in the Nantahala service area.
With this No Action alternative, there would be no new major construction activities and the
current operations would continue through the existing and any future license articles and
conditions. Selection of this alternative would result in no change in the current environmental
conditions associated with the Project. As stated in the Final FERC license application associated
with the Project, the Project has no discernable effects on temperature or dissolved oxygen and is
in compliance and in support of all other applicable water quality standards and designated uses.
•
Attachment F. Dillsboro Dam Removal EA Executive Summary.doc Rev: Draft 10/15/2003
4
Attachment F -Dillsboro Dam Removal EA Executive Summary
is The Dillsboro Project has acted as sediment sink since completion of the dam. Although it is now
in a steady state since the reservoir has filled with sediment. Currently, an estimated 100,000
cubic yards of sediment is located upstream of the dam and consists of particles that are generally
less than 10 mm in size. Thickness of the deposits is estimated to be up to 12 feet near the dam
and decreases to zero at the upstream end (i.e., 0.8 miles upstream of the dam). If the No Action
alternative is pursued, existing sediment conditions of storage and transport will continue. The
storage and transport of sediment within and below the reservoir is assumed to be in equilibrium
with current conditions and will likely not change.
Based on recent fish sampling surveys (Duke 2003), there is some indication that the presence of
the dam may be a factor in the limited distribution or missing components of the fish fauna
upstream of the Project (e.g., darters). Although some of these species may be reduced due to
geographic, gradient or other habitat parameters, the most obvious change in species composition
may be due to the restrictions of upstream movements due to the dam. There is also a large
population of listed Appalachian elktoe mussels immediately downstream of the Project. This
• mussel population would continue to exist in its current state.
The NCSHPO has stated that there are no known archaeological sites located within the floodpool
or shoreline of the Project or likely to be found there. The adoption of this alternative would
result in no change in the floodpool elevations and shoreline areas within the Project boundaries.
There are currently no developed recreation facilities such as boat launches or campsites within
the Project boundaries. Although the Town of Dillsboro maintains two primary access areas on
either side of the Tuckasegee River downstream of the Project, use of the Project impoundment
and immediate tailrace for recreation is limited (i.e., fishing and boating). Although the existing
Project does provide very limited reservoir recreation such as fishing and boating, it will continue
to provide a barrier to free-flowing river types of recreation. There are no ongoing effects of
current Project operation on land use, aesthetics or socioeconomic resources.
Alternative B (Partial Removal) is associated with the partial removal or breeching of the
existing Dillsboro Dam. With this alternative, the Project would cease to operate and no longer
generate electricity for Duke Power. For this alternative, the dam is to be removed to the riverbed
over a 120 ft. width at the center to right side of the dam, to pass the low to normal river flow
Attachment F. Dillsboro Dam Removal EA Executive Summary.doc Rev: Draft 10/15/2003
5
Attachment F -Dillsboro Dam Removal EA Executive Summary
(looking downstream). The remainder of dam is removed to approximately 4 to 5 ft. height, and
is left in place. High river flows will pass over this section.
The river will be restored to its assumed pre-dam depth over the 120 ft. width. Removal will be
accomplished by use of hydraulic equipment to remove the dam in accordance with a staged
demolition plan. An excavator with a hoe-ram attachment will demolish the dam, with an
excavator and track loader used to relocate sediment and remove rubble. During the demolition
process, river flow will be, at various times and sometimes in combination, diverted through the
powerhouse, passed through a notch in the dam, and/or passed over the partially demolished
crest. The partial removal plan can be implemented at an estimated cost of $260,000. Work will
be completed by late March to early April to avoid the primary fishing and boating periods.
At each stage of the demolition plan, sediment will be mobilized and transported to the river
below the dam. River flow will spread out and slow down after passing through the dam. As this
occurs, sediment will be deposited in the riverbed just below the dam and will be transported
downstream with the generated flows. A high flow event of approximately 850 cfs or greater is
required in order to flush this sediment downstream. Therefore, it will be necessary for upstream
dam operators (Duke Power Hydro Central) to release these flows at each stage of demolition to
accomplish this flushing of sediment below the dam.
The river will flow through a relatively narrow channel within the existing sediment deposits
during the dam demolition process and shortly thereafter. It is anticipated that within a year or
less after completion of dam demolition, the river will return to its pre-dam bank-to-bank width
and depth.
This action would provide the benefit of resource enhancement and would at least partially
mitigate for the various impacts of the Dillsboro Dam and other Duke Power Tuckasegee River
hydro projects. Although the Project currently has little effect on water quality parameters and is
in compliance with the state standards, certain parameters such as dissolved oxygen and
temperature may slightly improve due to the reduction in impounded waters. Total suspended
solids (TSS) would, during the relatively short-term demolition period, increase. Furthermore,
with this alternative the Project will change from a sediment sink to a partial downstream
sediment source. A large portion of the existing accumulations of sediment would now be
• transported downstream in pulses based on the generated flows.
Attachment F. Dillsboro Dam Removal EA Executive Summary.doc Rev: Draft 10/15/2003
6
Attachment F -Dillsboro Dam Removal EA Executive Summary
•
•
Partial removal would also at least enhance the current aquatic resource distribution and species
richness of the upstream areas through limited upstream and downstream passage. The partial
removal of the dam would allow partial access to aquatic resources to an additional 9.5 miles of
river. The existing downstream endangered mussel population will be adversely affected by
increased sediment accumulation, subsequent changes in preferred substrate, and changes in flow
dynamics and will require mitigative measures (i.e., removal and relocation).
The adoption of this alternative may result in the exposure of archaeological resources due to the
lowering of the floodpool elevation and the subsequent exposure of littoral areas. The partial
removal of the dam could also provide almost a mile of additional riverine angling opportunity
for native fish and the delayed harvest managed trout fishery. The already limited reservoir
boating will be diminished; however, there would be increased opportunity for whitewater
boating and canoeing without the need of a portage around the dam.
There will be no changes in the existing land use although additional shoreline exposure would
benefit the riparian corridor through the formation of new wetlands and terrestrial buffers.
Aesthetic values of the Project would remain (i.e., water falling over the dam), however, it will be
diminished by the view of the partially removed dam structure remaining in the river. It is
assumed that socioeconomic values could increase slightly in association with the increased
opportunity for whitewater boating and riverine angling.
Alternative C (Full Removal) is associated with the full removal to grade of the existing
Dillsboro Dam. With this alternative, the Project would cease to operate and no longer generate
electricity for Duke Power. For this option, the dam is to be removed to the original riverbed
over its full width. The river will be returned to its assumed pre-dam bank-to-bank width and
depth. Removal will be accomplished by use of hydraulic equipment to remove the dam in
accordance with a staged demolition plan. An excavator with a hoe-ram attachment will
demolish the dam, with an excavator and track loader used to relocate sediment, and if necessary,
remove rubble. During the demolition process, river flow will be, at various times and sometimes
in combination, diverted through the powerhouse, passed through a notch in the dam, and/or
passed over the partially demolished crest.
Attachment F. Dillsboro Dam Removal EA Executive Summary.doc Rev: Draft 10/15/2003
7
Attachment F -Dillsboro Dam Removal EA Executive Summary
The dam demolition project should commence in late January in order to perform the work during
• the lower flow period. Work will be completed by late March to early April to avoid the primary
fishing and boating periods. The full removal plan can be implemented at an estimated cost of
$290,000.
At each stage of the demolition plan, sediment will be mobilized and transported to the river
below the dam. River flow will spread out and slow down after passing through the dam. As this
occurs, sediment will be deposited in the riverbed just below the dam and will be transported
downstream with the generated flows. A high flow event of approximately 850 cfs or greater is
required in order to flush this sediment downstream. Therefore, it will be necessary for upstream
dam operators (Duke Power Hydro Central) to release these flows at each stage of demolition to
accomplish this flushing of sediment below the dam.
This action would provide the full benefit of resource enhancement and would mitigate for the
various impacts of the Dillsboro Dam and other Duke Power hydro projects. Although the
Project currently has little effect on water quality parameters and is in compliance with the state
standards, certain parameters such as dissolved oxygen and temperature may slightly improve due
to the reduction in impounded waters. Total suspended solids (TSS) would, during the relatively
short-term demolition period, increase. Furthermore, with this alternative the Project will change
from a sediment sink to a downstream sediment source. Through staged or phased removal over
a specific period, all or most of the existing accumulations of sediment would be transported
downstream.
Full removal would enhance the current aquatic resource distribution and species richness of the
upstream areas through complete upstream and downstream passage. The removal of the dam
would allow full access to aquatic resources of 9.5 miles of additional river. The existing
downstream endangered mussel population will be adversely affected by increased sediment
accumulation, subsequent changes in preferred substrate, and changes in flow dynamics and will
require mitigative measures (i.e., removal and relocation).
The adoption of this alternative may result in the exposure of archaeological resources due to the
lowering of the floodpool elevation and the subsequent exposure of littoral areas. The removal of
the dam could also provide almost a mile of additional riverine angling opportunity for native fish
is and the delayed harvest managed trout fishery. The riverine stretch will now be unsuitable for
Attachment F. Dillsboro Dam Removal EA Executive Summary.doc Rev: Draft 10/15/2003
8
Attachment F -Dillsboro Dam Removal EA Executive Summary
reservoir boating, however, there would be increased opportunity for whitewater boating and
• canoeing without the need of a portage around the dam.
Natural aesthetic values of the Project would be enhanced by the view of the free flowing stretch
of river. It is assumed that socioeconomic values would increase slightly in association with the
increased opportunity for whitewater boating and riverine angling.
There will be no changes in the existing land use although additional shoreline exposure would
benefit the riparian corridor through the formation of new wetlands and terrestrial buffers.
Alternatives Associated with the Dillsboro Powerhouse
Alternative A (No Action) has been established as a benchmark against which the proposed
action of the Dillsboro Powerhouse may be compared and evaluated from a current baseline.
This alternative is associated with No Action or continued operation of the Project. This
alternative would essentially keep the Project and the associated powerhouse in the present state
of operation. This project generates a relatively small amount of electricity (918,000 kWh per
year) and will continue to do so under this alternative. The powerhouse, as described below, will
remain intact and in place and will continue generating energy through use of the Dillsboro
Reservoir.
With this No Action alternative, there would be no new major construction activities and the
current operations and maintenance would continue through the existing and any future license
articles and conditions.
Based on an environmental site assessment of the powerhouse in 2002, no major potential sources
of environmental contamination were identified. There are minor concerns associated with lead-
based paint on the structure and asbestos on the generator/turbine wiring. Although a minor
concern, the level of potential risk was deemed low with no action recommended during
continued operation.
Based on cultural resource surveys conducted by Duke Power, the Project lacks sufficient integrity
to meet National Register of Historic Places (NRHP) criteria. Although the original powerhouse
• and dam were built in 1913, both were extensively modified in 1958. Due to extent of these
Attachment F. Dillsboro Dam Removal EA Executive Summary.doc Rev: Draft 10/15/2003
9
Attachment F -Dillsboro Dam Removal EA Executive Summary
alterations, Duke believes that neither the powerhouse nor dam meets NRHP requirements.
• However, the NCSHPO is currently reviewing the status of the Dillsboro Powerhouse in relation
to the NRHP. Preliminary information from the NCSHPO suggests that the powerhouse may be
important in the context of the history of electric power development in the Nantahala area.
With Alternative B (Closure), the powerhouse is to be left in place with the most likely option of
very limited public access. The entrance of the structure would be locked and a kiosk would be
established that describes the history of the Project and powerhouse and its past importance to the
Nantahala area. With this alternative, the Project would cease to operate and no longer generate
electricity for Duke Power.
Potentially hazardous items (e.g., lead paint, asbestos) and oil and lubricants are to be removed
prior to closure. NCSHPO suggests that the powerhouse may be important in the context of the
history of electric power development in the Nantahala area. Duke will conduct further
discussions with the NCSHPO to resolve this issue.
The estimated 500 little brown bats would still use the powerhouse as roosting habitat. No other
• principal environmental effects are associated with closure of the powerhouse.
The powerhouse closure plan can be implemented at an estimated cost of $3,000.
With Alternative C (Demolition), the powerhouse is to be completely demolished down to the
foundation. With this alternative, the Project would cease to operate and no longer generate
electricity for Duke Power. Potentially hazardous items (e.g., lead paint, asbestos) and oil and
lubricants are to be removed prior to commencing the demolition work. Equipment is assumed to
have no salvage value to the Owner. The superstructure is to be demolished and removed from
site. The concrete substructure walls and floors are to be demolished and removed from site.
Concrete that has been placed against the rock foundation will be left in place. At completion of
demolition, the pits and holes will be filled to a degree that there will be no safety hazards left on
site. It is assumed that rubble from the dam removal and sediment will be used as fill material.
The final surface will be armored and/or vegetated to remain stable during high water events.
The powerhouse demolition plan can be implemented at an estimated cost of $200,000.
1?
Attachment F. Dillsboro Dam Removal EA Executive Summary.doc Rev: Draft 10/15/2003
10
Attachment F -Dillsboro Dam Removal EA Executive Summary
?J
•
•
The NCSHPO is currently reviewing the status of the Dillsboro Powerhouse in relation to the
NRHP. NCSHPO suggests that the powerhouse may be important in the context of the history of
electric power development in the Nantahala area. Duke will conduct further discussions with the
NCSHPO to resolve this issue.
With the demolition of the powerhouse, the estimated 500 little brown bats would lose there
roosting habitat. A mitigation plan will be developed that incorporates measures to benefit the
bat population. No other principal environmental effects are associated with removal of the
powerhouse.
Decision Analysis
A risk analysis was used in association with the Dillsboro Dam to objectively quantify and
analyze the factors and opinions that influence the importance, consequences, degree of
uncertainty and the cost/benefit outcome of the project.
In association with the cost analysis, the normalization of all the criteria including both the total
cost factors and intrinsic values showed that the partial removal alternative is the most costly
(value of 0.747) followed by the full dam removal alternative (value of 0.585).
In association with the benefit analysis, the normalization of all the criteria including both the
total benefit factors and intrinsic values (e.g. restored fisheries, additional whitewater boating
opportunities), showed that the full dam removal alternative is the most beneficial alternative
(value of 0.676) followed by the partial dam removal alternative (value of 0.559).
Thus in review of the project decision results below, the Full Dam Removal alternative has the
best overall benefit/cost ratio (i.e., highest ratio) and is the Preferred Alternative for future action.
The overall Preferred Alternative package would be to pursue the Full Dam Removal. Due to the
cost factors associated with the demolition of the powerhouse, the Closure of the Powerhouse is
the most cost effective alternative at this time.
COST BENEFIT BENEFIT/COST
Attachment F. Dillsboro Dam Removal EA Executive Summary.doc Rev: Draft 10/15/2003
11
Attachment F -Dillsboro Dam Removal EA Executive Summary
•
•
NO ACTION 0.491 0.433 0.882
PARTIAL DAM
REMOVAL 0.747 0.559 0.748
FULL DAM REMOVAL 0.585 0.676 1.155
Attachment F. Dillsboro Dam Removal EA Executive Summary.doc Rev: Draft 10/15/2003
12
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Attachment H - Definitions of Terms and Phrases and Listing of Abbreviations
Actual Reservoir Level. The reservoir level (in ft above Mean Sea Level (msl) or feet
• relative to the full pond contour with 100.0 ft corresponding to full pond) as measured by
a calibrated reservoir stage level gage on any given day and time.
AR. American Rivers.
AW. American Whitewater Affiliation.
Barrier-free Dock. A dock constructed so that people with mobility handicaps can use
the dock.
Bryson Hydro Project. A hydroelectric project located on the Oconoluftee River and its
tributaries in Swain County, NC consisting of a dam (Bryson Dam or Lake Ela Dam), a
reservoir (Lake Ela), a powerhouse (Bryson Hydro Station) and associated lands and
waters. The Bryson Hydro Project is operated pursuant to a license issued by the FERC
(FERC Project No. 2601).
Candidate Conservation Agreement (CCA). A voluntary conservation agreement
between the USFWS and one or more private or public property owners (including
Federal agencies) that provide conservation benefits to unlisted species but do not
provide the property owners or any cooperators to the CCA with regulatory assurances or
take authorization should the species become listed.
• CCC. Carolina Canoe Club.
Dillsboro Dam Removal Protect. A project to remove the Dillsboro Dam and close /
dispose of the Powerhouse which requires FERC approval.
Dillsboro Hydro Project. A hydroelectric project located on the Tuckasegee River in
Jackson County, NC consisting of a dam (Dillsboro Dam), a pond (Dillsboro Pond), a
powerhouse (Dillsboro Hydro Station) and associated lands and waters. The Dillsboro
Hydro Project is operated pursuant to a license issued by the FERC (FERC Project No.
2602).
DPNA. Duke Power, a Division of Duke Energy Corporation, Nantahala Area.
DPNA Hydro Projects. The hydro projects and associated lands operated by Duke
Power and located on the Nantahala River (Nantahala Hydro Project), Tuckasegee River
(East Fork, West Fork and Dillsboro Hydro Projects), Little Tennessee River (Franklin
Hydro Project), Oconoluftee River (Bryson Hydro Project) and Hiwassee River (Mission
Hydro Project).
East Fork (EF) Hydro Project. A hydroelectric project located on the East Fork of the
Tuckasegee River and its tributaries in Jackson County, NC consisting mainly of four
dams (Wolf Creek, Tanasee Creek, Bear Creek and Cedar Cliff), four reservoirs (Wolf
• Creek, Tanasee Creek, Bear Creek and Cedar Cliff Lakes), three powerhouses (Tennessee
Attachment H. Definitions.doc 1 Rev.: DRAFT 10/15/03
Attachment H - Definitions of Terms and Phrases and Listing of Abbreviations
(or Tanasee) Creek, Bear Creek, and Cedar Cliff Hydro Stations), and associated lands
• and waters. The East Fork Hydro Project is operated pursuant to a license issued by the
FERC (FERC Project No. 2698).
EBCI. Eastern Band of Cherokee Indians.
Emergency Periods. Periods of time during which certain license conditions may be
varied from as a result of a condition or incident that is identified in "Attachment C -
Hydro Project Maintenance and Emergency Protocol (HPMEP)" or is not specifically
identified in the HPMEP but is similar enough in nature to those conditions and incidents
specifically described in the HPMEP to warrant variance from license conditions.
FERC. Federal Energy Regulatory Commission. Note that in the proposed FERC
License Articles, the FERC is referred to as the "Commission".
FLG. The Friends of Lake Glenville, Inc.
Franklin Hydro Project. A hydroelectric project located on the Little Tennessee River
and its tributaries in Macon County, NC consisting of a dam (Franklin Dam or Lake
Emory Dam), a reservoir (Lake Emory), a powerhouse (Franklin Hydro Station) and
associated lands and waters. The Franklin Hydro Project is operated pursuant to a license
issued by the FERC (FERC Project No. 2603).
• GCDC. Glenville Community Development Club.
Historic Properties Management Plan (HPMP). A plan for managing significant
archaeological resources or sites that are eligible for listing in the National Register of
Historic Places. The plan defines how impacts to historic properties will be addressed
during the term of the project license.
Hydro Project Maintenance and Emergency Protocol (HPMEP). A protocol
included in the Settlement Agreement as Attachment C, which defines the most likely
emergency, equipment failure and maintenance situations, identifies the potentially
affected license conditions, and outlines the general approach the Licensee will take to
mitigate the impacts to license conditions and to communicate with the resource agencies
and affected parties.
Jurisdictional Body. Any governmental body, including but not limited to the Federal
Energy Regulatory Commission (FERC) or the North Carolina Department of
Environment and Natural Resources (NCDENR), which has the authority to prevent
implementation of, or to require that specific steps be followed prior to implementing any
part of the Settlement Agreement. A governmental body does not need to be a Party to
be a Jurisdictional Body. A governmental body shall be considered to be a Jurisdictional
Body only when it takes actions that prevent implementation of, or to require that specific
steps be followed prior to implementing any part of, the Settlement Agreement. A
•
Attachment H. Definitions.doc 2 Rev.: DRAFT 10/15/03
Attachment H - Definitions of Terms and Phrases and Listing of Abbreviations
governmental body may be a Jurisdictional Body for certain actions and not for other
• actions.
Lake Use Restrictions. A document that defines the different habitat types present on
DPNA property around a hydro project reservoir and delineates the lake use permitting
restrictions that are needed to protect the sensitive habitats. (Attachment D - Shoreline
Management Program).
Licensee. The entity holding a hydro project's operating license from the FERC at any
given time. Presently, DPNA is the Licensee for all of the DPNA Hydro Projects.
Low Inflow Periods. Periods when there is not enough water flowing into the hydro
project to meet the normal needs for power generation, recreation flows, minimum flows,
any on-reservoir water withdrawals and reservoir stage level maintenance. (Attachment
B - Low Inflow Protocol).
Low Inflow Protocol (LIP). A protocol included in the Settlement Agreement as
Attachment B, which provides trigger points and procedures for how the project will be
operated by the Licensee during periods of low inflow in a manner that shares the burden
of reduced water availability among the various users of the reservoir's water supply.
Main Stem of the River. The Nantahala or Tuckasegee River between the outflow
channel (i.e. the tailrace) from the applicable DPNA hydro stations (i.e. the Nantahala
• Hydro Station on the Nantahala River and the Cedar Cliff and Tuckasegee Hydro
Stations on the Tuckasegee River) and the headwaters of TVA's Fontana Lake.
Mission Hydro Project. A hydroelectric project located on the Hiwassee River and its
tributaries in Clay County, NC consisting of a dam (Mission Dam), a reservoir (Mission
Reservoir or Mission Pond), a powerhouse (Mission Hydro Station) and associated lands
and waters. The Mission Hydro Project is operated pursuant to a license issued by the
FERC (FERC Project No. 2619).
Nantahala Area Telephone Information Svstem for the Nantahala. West Fork and
East Fork Proiects. A telephone information system (Call 1-866-332-LAKE or 1-866.
332-5253) that provides information about DPNA reservoir levels, generation flows for
recreation from the West Fork, East Fork, and Nantahala Hydro Projects, river flow
schedules for the West Fork and East Fork Hydro Projects and messages of special
interest to recreationists using these areas.
Nantahala Cooperative Stakeholder Team (NCST). A team of 26 stakeholder entities
(with a primary member from each entity and an alternate member from some entities)
that jointly developed a set of consensus recommendations to protect mitigate and
enhance the Nantahala River with respect to DPNA's relicensing process for the
Nantahala Hydro Project. The foundation of the process was to develop an understanding
of the operations of the hydro project and the ability to work together cooperatively as a
is team to educate one another about the respective needs and concerns that each
stakeholder brought to the relicensing process. The products of the Stakeholder Process
Attachment H. Definitions.doc 3 Rev.: DRAFT 10/15/03
Attachment H - Definitions of Terms and Phrases and Listing of Abbreviations
were the Consensus Agreement (Attachment A) and, subsequently, the Settlement
• Agreement for the Nantahala Hydro Project.
Nantahala Hydro Proiect. A hydroelectric project located on the Nantahala River and
its tributaries in Macon and Clay Counties, NC consisting mainly of four dams
(Nantahala, Whiteoak Diversion, Diamond Valley Diversion and Dicks Diversion dams),
one reservoir (Nantahala Lake), three ponds (Whiteoak, Diamond Valley and Dicks
ponds), one powerhouse (Nantahala Hydro Station), and associated lands and waters. The
Nantahala Hydro Project is operated pursuant to a license issued by the FERC (FERC
Project No. 2692).
Nantahala River Bypassed Reach. The 9.2-mi section of the Nantahala River between
the Nantahala Dam (located near River Mile 23.0) and its confluence with the outflow
channel (i.e. tailrace) from the Nantahala Powerhouse (located near River Mile 13.8).
NCDENR. North Carolina Department of Environment and Natural Resources.
NCDPR. The North Carolina Department of Environment and Natural Resources'
Division of Parks & Recreation.
NCDWO. The North Carolina Department of Environment and Natural Resources'
Division of Water Quality.
NCDWR. The North Carolina Department of Environment and Natural Resources'
Division of Water Resources.
NCSHPO. North Carolina State Historic Preservation Officer.
NCWF. North Carolina Wildlife Federation.
NCWRC. North Carolina Wildlife Resources Commission.
Near-Term Reservoir Level Proiections. On any given day, it is the reservoir levels (in
ft above Mean Sea Level (msl) or feet relative to the full pond contour with 100.0 ft
corresponding to full pond) that are projected by DPNA for at least the succeeding 30
days. Note that this projected reservoir level requires making many assumptions and
actual reservoir levels may or may not match the projections.
New License. A license issued by the FERC at the expiration of the current (i.e.
existing) license where the existing Licensee of the hydro project has made a timely
application to the FERC and after the conclusion of the FERC Relicensing Process. Note
that the FERC also refers to the New License for a minor project (i.e. a hydro project
with a generating capacity of less than or equal to 1.5 Mw) as a "subsequent license".
NGA. Nantahala Gorge Association, Inc.
•
Attachment H. Defmitions.doc 4 Rev.: DRAFT 10/15/03
Attachment H - Definitions of Terms and Phrases and Listing of Abbreviations
•
•
•
NOC. Nantahala Outdoor Center, Inc.
Normal Full Pond Elevation. Also referred to simply as "full pond", this is the level of
a reservoir that corresponds to the point at which water would first begin to spill from the
reservoir's dam(s) if DPNA took no action. This level corresponds to the lowest point
along the top of the spillway (including any fuse plugs or flashboards) for reservoirs
without flood gates and to the lowest point along the top of the flood gates for reservoirs
that have them. The Normal Full Pond Elevations for most DPNA Hydro Project
reservoirs are identified on the top of the tables showing the Normal Operating Ranges
within the applicable Settlement Agreement. To avoid confusion among the many
reservoirs DPNA operates, it has adopted the practice of referring to the Normal Full
Pond Elevation for all of its reservoirs as equal to 100.0 ft relative.
Normal Generation Schedule to Support Recreation. The schedule identified in the
applicable Settlement Agreement that provides for recreation flow releases from the
operation of a DPNA Hydro Powerhouse at equal to or greater than the flow at which the
project produces power most efficiently.
Normal Maximum Elevation. The level of a reservoir (measured in ft above Mean Sea
Level (msl) or feet relative to the full pond contour with 100.0 ft corresponding to full
pond) that defines the top of the reservoir's Normal Operating Range for a given day of
the year. If inflows and outflows to the reservoir are kept within some reasonable
tolerance of the average or expected amounts, hydro project equipment is operating
properly and no protocols for abnormal conditions have been implemented, reservoir
level excursions above the Normal Maximum Elevation should not occur. Note however
that during droughts, special drought storage considerations may apply.
Normal Minimum Elevation. The level of a reservoir (measured in ft above Mean Sea
Level (msl) or feet relative to the full pond contour with 100.0 ft corresponding to full
pond) that defines the bottom of the reservoir's Normal Operating Range for a given day
of the year. If inflows and outflows to the reservoir are kept within some reasonable
tolerance of the average or expected amounts, hydro project equipment is operating
properly and no protocols for abnormal conditions have been implemented, reservoir
level excursions below the Normal Minimum Elevation should not occur.
Normal Operating Ranee. The band of reservoir levels within which the Licensee
normally attempts to maintain a given reservoir that it operates on a given day. Each
reservoir has its own specific Normal Operating Range, and that range is bounded by a
Normal Maximum Elevation and a Normal Minimum Elevation. If inflows and outflows
to the reservoir are kept within some reasonable tolerance of the average or expected
amounts, hydro project equipment is operating properly and no protocols for abnormal
conditions have been implemented, reservoir level excursions outside of the Normal
Operating Range should not occur. Note however that during droughts, special drought
storage considerations may apply.
Attachment H. Definitions.doc
Rev.: DRAFT 10/15/03
Attachment H - Definitions of Terms and Phrases and Listing of Abbreviations
Normal Target Elevation. The level of a reservoir (measured in ft above Mean Sea
Level (msl) or feet relative to the full pond contour with 100.0 ft corresponding to full
pond) that the Licensee will endeavor in good faith to achieve, unless operating in the
Low Inflow or Hydro Project Maintenance & Emergency Protocol. The Normal Target
Elevation will fall within the Normal Operating Range, but it may not always be the
average of the Normal Minimum and Normal Maximum Elevations.
NRC. Nantahala Racing Club.
NRCS. The Department of Interior's Natural Resource Conservation Service.
Proposed FERC License Article. Paragraphs within the applicable Settlement
Agreement that the Parties developed to identify to the FERC the recommended wording
of articles for the New License.
Recent Reservoir Level History. On any given day, it is the reservoir levels (measured
in ft above Mean Sea Level (msl) or feet relative to the full pond contour with 100.0 ft
corresponding to full pond) for at least the previous seven days.
Recreational Flows. Flows from hydro station generation or from Tainter gates at times
and in quantities that facilitate water-based recreational pursuits.
Shoreline Classification Maps. Maps developed by the Licensee that classify the
shoreline of its reservoirs according to the existing uses and that identify areas that need
special consideration when permitting lake uses.
Shoreline Management Guidelines. A document that contains conditions and
limitations required for certain types of access to DPNA's shoreline properties, and also
guidelines designed to meet DPNA's regulatory requirements, protect DPNA's hydro
generation interests, protect the scenic and environmental value of DPNA's shoreline
property, provide recreational benefits to the general public, and provide a guide to
adjacent property owners on permitted uses of DPNA properties. (Also see Attachment D
- Shoreline Management Program)
Shoreline Management Program. The combination of Shoreline Classification Maps,
Lake Use Restrictions, Vegetation Management Requirements and the Shoreline
Management Guidelines that DPNA uses to carry-out its license requirements relative to
managing uses by others of its FERC-licensed reservoirs.
Special Messages. Messages provided to river and/or reservoir users by telephone
and/or website that would inform them of potentially dangerous conditions, conditions or
events that might alter their expected experience on the river or reservoir, or conditions or
events of potential interest to them.
Term of the New License. The actual duration of the New License and any annual
• licenses issued thereafter until the FERC issues and the Licensee accepts another license.
Attachment H. Definitions.doc 6 Rev.: DRAFT 10115103
Attachment H - Definitions of Terms and Phrases and Listing of Abbreviations
TGA. Tuckasegee Gorge Association, Inc.
• THPO. Tribal Historic Preservation Officer.
TU. North Carolina Council of Trout Unlimited.
Tuckasegee Cooperative Stakeholder Team (TCST). A team of 33 stakeholder
entities (with a primary member from each entity and an alternate from some entities)
that jointly developed a set of consensus recommendations to protect, mitigate and
enhance the Tuckasegee River with respect to DPNA's relicensing process for the East
Fork, West Fork and Dillsboro Hydro Projects. The foundation of the process was to
develop an understanding of the operations of the hydro projects and the ability to work
together cooperatively as a team to educate one another about the respective needs and
concerns that each stakeholder brought to the relicensing process. The products of the
Stakeholder Process were the Consensus Agreement (Attachment A) and the Settlement
Agreement for the East Fork, West Fork and Dillsboro Hydro Projects.
Tuckasegee River Hydro Protects. The three hydro projects and associated lands and
waters operated by Duke Power and located on the West Fork, East Fork and Main Stem
of the Tuckasegee River (West Fork, East Fork, and Dillsboro Hydro Projects).
TVA. Tennessee Valley Authority.
USACOE. United States Army Corps of Engineers.
USFS. The Department of Agriculture's United States Forest Service.
USFWS. The Department of Interior's United States Fish & Wildlife Service.
USGS. The Department of Interior's United States Geological Survey.
Vegetation Management Requirements. These are the requirements necessary to
protect riparian wildlife corridors on shoreline property owned by DPNA that is also
within the FERC project boundaries while also providing consideration to the impacts of
these requirements on private landowners with property adjoining the project boundaries.
West Fork (Glenville) Bypassed Reach. The approximately 6.7-mile section of the
West Fork of the Tuckasegee River between the Glenville Dam (located near River Mile
9.8) and its confluence with Tuckasegee Pond (located near River Mile 3.1).
West Fork (WF) Hydro Proiect. A hydroelectric project located on the West Fork of
the Tuckasegee River in Jackson County, NC consisting mainly of two dams (Glenville
and Tuckasegee), one reservoir (Lake Glenville), one pond (Tuckasegee), two
powerhouses (Thorpe and Tuckasegee Hydro Stations), and associated lands and waters.
The West Fork Hydro Project is operated pursuant to a license issued by the FERC
(FERC Project No. 2686).
Attachment H. Definitions.doc 7 Rev.: DRAFT 10115103
Attachment H - Definitions of Terms and Phrases and Listing of Abbreviations
is Wolf Creek Bypassed Reach. The approximately two mile section of Wolf Creek
between the Wolf Dam and its confluence with the outflow channel (i.e. tailrace) from
the Tennessee Creek (Tanassee) Powerhouse which is also the confluence of Wolf Creek
with the East Fork of the Tuckasegee River.
•
Attachment H. Definitions.doc 8 Rev.: DRAFT 10/15/03
Attachment I - Riparian Habitat Enhancement Fund
Background. The Riparian Habitat Enhancement Fund addresses any unavoidable ongoing and
• cumulative impacts of the operation of the DPNA Hydro Projects on riparian habitats. The fund
provides for conservation activities to offset any hydro project-related impacts to land and water
resources in the Hiwassee, Nantahala, Oconaluftee, Tuckasegee, and Little Tennessee River
valleys on lands in the vicinity of the DPNA Hydro Projects. A variety of conservation interests
were identified during discussions with the Nantahala Cooperative Stakeholder Team (NCST)
and the Tuckasegee Cooperative Stakeholder Team (TCST); many of which related to riparian
habitat protection and restoration. The NCST and TCST Settlement Agreements both include a
Paragraph 6.8 that establishes the following specific requirements relative to this Riparian
Habitat Enhancement Fund:
"6.8 DPNA agrees that within 1 to 15 years following its acceptance of the New
Licenses for the DPNA Hydro Projects, DPNA will provide a total of $200,000 for the
purpose of supporting DPNA-selected riparian habitat enhancement projects on lands that
drain to any of the DPNA Hydro Projects or the river sections between the DPNA Hydro
Projects and reservoirs belonging to the Tennessee Valley Authority (TVA) where such
projects (1) protect or enhance fish or wildlife habitat directly or (2) educate landowners
or school children about the importance of healthy riparian areas for fish and wildlife
habitat. DPNA will utilize the process outlined in Attachment I (i.e. this process
document) in selecting the projects to be funded."
Other parts of the settlement agreements may also address project-related impacts for the DPNA
Hydro Projects through similar actions in the riparian areas.
• Agency and Organization Goals. The specific goals of natural resource agencies
and
organizations for this area include:
• Restore and protect riparian areas, aquatic habitats, and improve water quality
• Recover imperiled species
• Restore extirpated plant and animal populations
• Restore and protect riparian corridors and habitats
• Provide outdoor recreational opportunities
• Control invasive exotic species
• Educate decision makers and citizens about the importance of the unique river resources.
Conservation Activities. Ongoing land and water management activities in the DPNA service
territory over the last 10 years provide an indication of continuing conservation needs. These
activities, some of which may be related to any ongoing impacts of the DPNA Hydro Projects,
include:
• Riparian habitat restoration
• Floodplain protection
• Environmental education
• Exotic species control (e.g., terrestrial and aquatic plants)
• • Restoration effectiveness monitoring
• Land/forest management
Attachment I. Riparian Habitat Enhancement Fund.doc
Rev.: Draft 10115103
Attachment I - Riparian Habitat Enhancement Fund
• Land protection/conservation
• • Wildlife habitat enhancement
Amount of the Fund. The amount of the fund will be equivalent to $40,000 for each of the five
counties (Cherokee, Clay, Jackson, Macon and Swain) (i.e. $200,000 total). Funding will be
provided by DPNA within the first 15 years of the New Licenses issued by the FERC for the
DPNA Hydro Projects, and may be provided in multi-year increments or under a variable but
pre-agreed upon disbursement regime. (Note: The dollar amounts expressed herein are in 2004
dollars and are subject to the monetary adjustment method as noted in the TCST or NCST
Settlement Agreement). Once the $200,000 of DPNA funding has been awarded, the fund and
the Advisory Board identified in this document will be dissolved.
Geographic Scope. The geographic scope of this proposal includes the Hiwassee, Nantahala,
Oconaluftee, Tuckasegee, and Little Tennessee River valleys on lands that drain to any of the
DPNA Hydro Projects or the river sections between the DPNA Hydro Projects and reservoirs
belonging to the Tennessee Valley Authority (TVA). The fund will emphasize activities that
address any project-related impacts, but recognize the potential benefits of protection and
restoration of riparian areas that may be impaired by other sources (e.g., invasive exotic species).
Administrative Structure. It is proposed that the fund be locally administered by an Advisory
Board composed of persons most familiar with conservation priorities of the area. Once an
Advisory Board is established, it will meet to develop a brief operating agreement to address at
least the following:
• Membership
• Decision-making
• Reporting
• Solicitation of proposals
• Procedures for prioritizing grant requests, including application rating systems
• Method and schedule for presenting its prioritized funding requests to DPNA.
The signatory Parties to the TCST and NCST settlement agreements will be given the
opportunity to comment on the Advisory Board's proposed draft operating agreement and the
Advisory Board will endeavor in good faith to accommodate any suggested changes before
finalizing the operating agreement.
Advisory Board Members. The following agencies and organizations will provide one
representative each to the Advisory Board. Each representative should be very familiar with
riparian ecology in the geographic area.
? North Carolina Wildlife Resources Commission
? North Carolina Division of Water Resources
? United States Fish & Wildlife Service
? United States Forest Service
? Land Trust for the Little Tennessee
? Little Tennessee Nonpoint Source Team (see basin plan)
Attachment I. Riparian Habitat Enhancement Fund.doc
2 Rev.: Draft 10/15/03
Attachment I - Riparian Habitat Enhancement Fund
? Natural Resource Conservation Service
• ? Each County's Soil and Water Conservation District
? Trout Unlimited
Schedule for Establishing the Administrative Structure. The representative from the United
States Fish & Wildlife Service will organize and hold the initial Advisory Board meeting within
four months following DPNA's acceptance of the New Licenses for the DPNA Hydro Projects.
Within one year following DPNA's acceptance of the New Licenses for the DPNA Hydro
Projects, the Advisory Board will complete all of the following:
o Draft its proposed operating agreement.
o Solicit and incorporate comments on the draft operating agreement from all the Parties to
the NCST and TCST Settlement Agreements.
o Finalize its operating agreement and send copies of it to all the Parties to the NCST and
TCST Settlement Agreements.
o Develop a simple application for grant funding requests.
o Begin soliciting for grant funding proposals.
Process for Review of Proposals
A key feature of the fund is that it is established to address the unforeseen or changing needs and
priorities related to riparian habitat protection and restoration needs in the project area. The fund
supports activities that:
?
O 1 Protect or enhance fish or wildlife habitat directly, or
? (2) Educate landowners or school children about the importance of healthy riparian areas
for fish and wildlife habitat.
Grant requests should address the focus areas listed above. Additional consideration will be
given to grant requests that:
• Have a long term impact
• Provide direct benefits to riparian resources
• Show measurable results
• Demonstrate co-funding (leveraging) from other funds, volunteer, or in-kind resources,
thus indicating broad support for the proposed project
• Implement creative approaches
• Have a demonstration element or adapt proven models
• Coordinate and cooperate with existing efforts (i.e. are part of a larger scheme of riparian
protection and restoration, or connect existing protected riparian habitat)
• Increase awareness of how varied activities affect the overall river basin
The Advisory Board will determine specific weighting of these criteria. Further, the Advisory
Board may determine additional factors and/or weightings on a geographic basis.
• The Advisory Board will coordinate with DPNA staff to ensure that:
Attachment I. Riparian Habitat Enhancement Fund.doc
Rev.: Draft 10/15/03
Attachment I - Riparian Habitat Enhancement Fund
• ? The Advisory Board's prioritized list of projects is clearly communicated to DPNA staff
at some mutually agreed-upon interval.
? That each calendar year, funding expectations for the next calendar year are mutually
agreed-upon and are coordinated with DPNA's budget planning cycle.
The Advisory Board recognizes that DPNA staff will make the final selections of initiatives that
DPNA will fund from the Advisory Board's prioritized list. DPNA staff will however place a
high value on the Advisory Board's prioritization process and will normally distribute funds in
accordance with the Advisory Board's prioritized list. If DPNA must deviate from the Advisory
Board's prioritized list, then DPNA will explain any reasons for such deviations. All funding
distributions will be directly from DPNA to the entity that is implementing the riparian habitat
enhancement project.
For additional information contact: Mark A. Cantrell, US Fish & Wildlife Service 828/258-
3939, ext 227
•
•
Attachment I. Riparian Habitat Enhancement Fund.doc
4 Rev.: Draft 10115103
Location Conservation Map
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•
•
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Attachment J. Description of the Conservation Tract.ORIGINAL.pdf Rev.: 10-23-2003
Attachment K. Estimated DPNA Cost to Construct Tuckasegee Ricer Main Stem
Boating Access Facilities
•
U
is
Site of Facility Estimated Cost (1)
1. Develop a public boat launch and gravel parking $160,000
area on DPNA property below the Cedar Cliff
Powerhouse on the East Fork near Shook CoN e,
including a companion take-out area approximately
0.5 mi downstream ol'the boat launch.
2. Develop a public boat launch and gravel parking --? $70,000
area at the Tuckasegee Powerhouse.
3. Develop a public boat launch and gravel parking $70,000
area at Jackson County's East Laport Park, provided
suitable agreements can be reached with Jackson
County.
4. Develop an upstream take-out and downstream put- $1501000
in for drift boat and canoe access at Cullowhee Dann,
provided suitable agreements can be reached Nvith
WCU.
5. Provide a public boat launch and gravel parking area $75,000
in the delayed trout harvest section of the Tuckase0ee
River, provided suitable agreements can be reached
with the property owners.
6. Provide a public boat launch and gravel parking area $150,000
1 in the Barkers Creek section of the Tuckasegee River,
provided suitable agreements can be reached xvith the
property owners.
7. Provide a public boat launch and gravel parking area $75,000
in the Whittier section of the Tuckasegce River,
provided suitable agreements can be reached with the
property owners.
Total
_ - -----
$7.50,000
Attachment K. Lst. Cost of "I uckaseeee Rix er Main Stem Boatin- Access FaciIities.ORIGINAI .doc
1 Rev.: 10/23/0')
Attachment K. Estimated IONA Cost to Construct 'Fuckasebee River Main Stem
Boating Access Facilities
(1) Estimates to construct the access facilities are in 2004 dollars and do
not include any land-related costs (e.g. cost to purchase, obtain an
easement or lease the property).
•
•
Attachment K. Est. Cost of Tuckasegee Rifler Main Stcm Boating Access Facilitles.ORMINAL.doc
Rev.: 10/23/03