20080915 Ver 1_More Info Received_20090204

I Duke
OwEnergy,
Hydro Licensing and Lake Services
Duke Energy Carolinas, LLC
526 South Church Street
Charlotte, NC 28202
Mailing Address:
EC12Y/P0 Box 1006
Charlotte, NC 28201-1006
January 30, 2009
Kimberly D. Bose, Secretary
Federal Energy Regulatory Commission
888 First Street, N.E.
Washington, D.C. 20426
E ??7 [9 OW
FEB 4 2009
Re: Catawba-Wateree Hydroelectric Project DENR-WATER QUAUTY
Federal Energy Regulatory Commission Docket No. P-2232 DSANDSn*MWATERBRANCN
Duke Energy Carolinas, LLC
North Carolina 401 Water Quality Certification
Dear Ms. Bose:
Duke Energy Carolinas, LLC (Duke) requests that the attached letters be filed in Federal
Energy Regulatory Commission (Commission) Docket No. P-2232-522 for the Catawba-
Wateree Hydroelectric Project. These letters document clarifications to the North Carolina
Section 401 Water Quality Certification reached in consultation with the North Carolina
Division of Water Quality after the certification was issued on November 14, 2008 and
tiled with the Commission on December 3, 2008.
Please contact Mark Oakley (704-382-5778; emoakley@duke-energy com) or Tami Styer
(704-382-0293; tsstyergduke-energy.com) if there are any questions or if further
information is needed.
e
Si e ly,
E. M. Oakley, P.E.
Catawba-Wateree Relicensing Project Manager
Duke Energy Carolinas, LLC
Enclosures
cc: John Whittaker, Winston and Strawn
Service List
www. duke-energy. com
Duke
OEnergy,
Carolinas
January 8, 2009
North Carolina Division of Water Quality
Attention: John Dorney
Wetlands Program Development Unit
Parkview Building
2321 Crabtree Blvd. Suite 250
Raleigh, NC 27604
HYDRO LICENSING AND LAKE SERVICES
Duke Energy CieWinas, LLC
52G SDilh Chur^§ St.
Charlotte, NC %8202
Pt.idinj Aanrass
IC '2K I PO BE,, IC06
Char.'s+,;a. NC P5201-1006
Re: Clean Water Act Section 401 Water Quality Certification
Catawba-Wateree Hydroelectric Project (FERC Project No. 2232)
North Carolina Division of Water Quality (NCDWQ) Number 2008-0915
Request for Concurrence on Conditions of Certification
Dear Mr. Dorney:
Duke Energy Carolinas, LLC (Duke) has reviewed Certification No. 3767 issued for the
Catawba-Wateree Hydroelectric Project on November 14, 2008. Duke appreciates this prompt
certification by the NCDWQ.
This letter respectfully requests NCDWQ's concurrence with Duke's interpretations and
clarifications of the following Conditions of Certification:
General
Clarification: The name of the legal entity receiving this certification should be Duke
Energy Carolinas, LLC rather than Duke Energy Carolinas, Inc. which appears in
numerous locations in the certification. In order to avoid confusion, it might be
appropriate for NCDWQ to issue an errata to the Certification to correct the name.
Clarification: The phrase "'expiration of the FERC License" in the next-to-last
paragraph of the certification refers to the New License to be issued by the FERC and
includes any extensions by any annual licenses issued by FERC upon expiration of
that New License until the next new license is issued.
Conditions of Certification, Condition 3
• Duke's Interpretation: Duke may comply with this condition by initially filing with
NCDWQ the Water Supply Study developed during the Catawba-Wateree relicensing
process along with all available annual water use updates provided by water systems
that are members of the Catawba-Wateree Water Management Group. Subsequently,
Duke would provide NCDWQ with notification of applications received for new or
expanded withdrawals of I million gallons per day or more.
www duke-eiiergy.com
Continuing Compliance. Condition 5
• Duke's Interpretation: The State numeric water quality standards applicable to the
subject certification (citation) are dissolved oxygen (DO) and temperature in the flow
released from each hydro station in the Catawba-Wateree Project as measured at the
approved water quality monitor locations contained in the Quality Assurance
Procedures Plan (QAPP).'
• Duke's Interpretation: The "failure to sustain a designated or achieved use" clause
would apply to Duke if such a failure is directly attributable to a discharge resulting
from the operation of a Duke Catawba-Wateree Project hydroelectric facility,
including not complying with conditions of the subject certification or with applicable
sections of the Catawba-Wateree Comprehensive Relicensing Agreement (CRA).
Mitigation, Condition 6
• Clarification: The compensatory mitigation referenced in this condition is that
mitigation defined in Sections 4.5 of the CRA, as referenced in this condition. See
also Condition 8.
• Clarification: Duke will copy NCDWQ on all relevant property documents related to
compliance with CRA Section 4.5
Other Conditions, Condition 8
• Clarification: The CRA covers a wide range of operating and resource topics, some
of which are not related to water quality. The water quality certification should be
based only on the applicable sections of the CRA as listed in items a. through in. of
this condition and then only the portions of those items that are relevant to North
Carolina (NC). These are the components of the CRA in NC that govern
operational and compliance activities such as reservoir elevations, minimum
(habitat) flow, mitigation, the Catawba-Wateree Low Inflow Protocol and
Maintenance and Emergency Protocol, water quality, gauging and monitoring,
flows supporting public water supply and industrial processes, and flow and water
quality implementation. Other sections of the CRA are not pertinent to the subject
certification.
• Clarification: Item c. should include only CRA Section 4.5. Section 4.6 does not
apply to North Carolina.
Duke advises the NCDWQ that the South Carolina Department of Health and Environmental
Control (SCDHEC) requested additional information for the Quality Assurance Project Plan
(QAPP) and that Duke submitted a revised QAPP to SCDHEC on December 19, 2008. SCDHEC
has advised that with minor additional edits they approve the resulting QAPP. In order that the
QAPP remains consistent in both states, Duke provides the latest QAPP on the enclosed CD for
your review following which Duke will initiate having the identified individuals at Duke,
NCDWQ, and SCDHEC sign the QAPP.
If there are questions or if further discussion of these certification conditions is needed, please
contact Mark Oakley (704-382-5778; emoakleyQduk? e-energy.com) or Tami Styer (704-382-
0293; tsstyer(@duke-energy.com uke-energy.com)-
Sin rely,
2-m. ey, P.E.
Catawba-Wateree Relicensing Project Manager
Duke Energy Carolinas, LLC
I NA T?c9o Beverly Eaves Perdue, Govemor
\Q Dee Freeman, Secretary
North Carolina Department of Environment and Natural Resources
0 V .,? Coleen H. Sullins, Director
Division of Water Quality
January 14, 2009
Mr. E.M. Oakley, P.E.
Catawba-Wateree Relicensing Project Manager
Duke Energy Carolinas, LLC
EC12K
P.O. Box 1006
Charlotte, NC 28201-1006
Dear Mr. Oakley:
RE: Clarifications to 401 Water Quality Certification issued to Duke Energy on
November 14, 2008 (Certification Number 3767)
DWQ Project Number 2008-0915
Thank you for your letter dated January 8, 2009 (received January 9, 2009)
concerning clarifications to the 401 Water Quality Certification issued to Duke Energy on
November 14, 2008 (Certification Number 3767 for Project Number 2008-0915). The
clarifications as outlined in your letter are acceptable to the Division of Water Quality and
are hereby made part of the record for this project.
If we can be of further assistance, please give me a call at 919-733-9646.
Cc: File copy
jnc l ours,
D ney
401 OversightlExpress Review Permits Unit
1650 Mail Service Center, Ralegh, North Carolina 27699-1650
2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604
Phone: [phone] / FAX [phone] / Intemet: http://h2o.enr.state,nc.us/ncwetlands
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