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HomeMy WebLinkAbout19960237 Ver 2_COMPLETE FILE_20060902AT QG r ? Michael F. Easley, Governor William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources Alan W. Klimek, P.E. Director Division of Water Quality October 4, 2006 Mr. Jim Price Hydro Matrix Limited Partnership Post Office Box 5550 Aiken, SC, 29804 Re: Non-Capacity Amendment for the Jordan Hydroelectric Project Chatham County, Haw River 16-(37.5), Class WSIV B NSW CA DWQ Project No. 19960237 APPROVAL of 401 Water Quality Certification Modification Request Dear Mr. Price: Attached hereto is a copy of modified Certification No. 3059 issued to Mr. Jim Price of the Hydro Matrix Limited Partnership, dated October 4, 2006. In addition, you should get any other federal, state or local permits before you go ahead with your project including (but not limited to) Solid Waste, Sediment and Erosion Control, Stormwater, Dam Safety, Non-discharge and Water Supply Watershed regulations. If we can be of further assistance, do not hesitate to contact us. Sincerely, Alan W. Klimek, P.E. AWK/cbk Attachments: Certificate of Completion cc: Jean Manuele, U.S. Army Corps of Engineers, Raleigh Regulatory Field Office Wilmington District, USACOE Chuck Wakild, DWQ, Raleigh Regional Office DLR Raleigh Regional Office File Copy Central Files Dean Edwards, Mayo Hydropower, 5400 Downing Street, Dover, FL, 33527 Filename: 19960237Hyd roMatrix(Chatham)401_MOD 401 Ovens1 ht/Express Review Permits Unit 1650 Mail Service Center, Raleigh, North Carolina 27699-1650 2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604 Phone: 919-733-1786 /FAX 919-733-6893 / lntemet:.http://h2o.en r. state. nc. us/ncwetlands NoOE pfthCaro?na X&MI1y An Equal Opportunity/Affirmative Action Employer- 50% Recycled/10% Post Consumer Paper Jordan Hydroelectric Page 2 of 3 4 October 2006 NORTH CAROLINA 401 WATER QUALITY CERTIFICATION THIS CERTIFICATION is issued in conformity with the requirements of Section 401 Public Laws 92- 500 and 95-217 of the United States and subject to the North Carolina Division of Water Quality (DWQ) Regulations in 15 NCAC 2H, Section .0500 to Mr. Jim Price of the Hydro Matrix Limited Partnership to implement a non-capacity amendment for the Jordan Hydroelectric Project, thereby reducing the number of turbine/generators on the Jordan Reservoir dam from 80 to 2. No fill in wetlands, stream or waters will be required for this work. This project occurs in the Cape Fear River Basin in Chatham County. A modification request for this project was received by the Division of Water Quality on September 20, 2006, with additional correspondence received September 25, 2006. The U.S. Army Corps of Engineers has informed the Division that a 404 Permit will not be required for the project. The application and supporting documentation provides adequate assurance that the proposed work will not result in a violation of applicable Water Quality Standards and discharge guidelines. Therefore, the State of North Carolina certifies that this activity will not violate the applicable portions of Sections 301, 302, 303, 306, 307 of PL 92-500 and PL 95-217 if conducted in accordance with the application, the supporting documentation, and conditions hereinafter set forth. This approval is only valid for the purpose and design submitted in the application materials. If the project is changed, prior to notification a new application for a new Certification is required. If the property is sold, the new owner must be given a copy of the Certification and approval letter and is thereby responsible for complying with all conditions of this Certification. Any new owner must notify the Division and request the Certification be issued in their name. Should wetland or stream fill be requested in the future, additional compensatory mitigation may be required as described in 15A NCAC 2H.0506 (h) (6) and (7). If any plan revisions from the approved site plan result in a change in stream or wetland impact or an increase in impervious surfaces, the DWQ shall be notified in writing and a new application for 401 Certification may be required. For this approval to be valid, compliance with the conditions listed below is required. Conditions of Certification: Mr. Jim Price and/or the Hydro Matrix Limited Partnership shall conduct construction activities in a manner consistent with State water quality standards (including any requirements resulting from compliance with section 303(d) of the Clean Water Act) and any other appropriate requirements of State law and federal law. If the Division determines that such standards or laws are not being met (including the failure to sustain a designated or achieved use) or that State or federal law is being violated, or that further conditions are necessary to assure compliance, the Division may reevaluate and modify this Certification to include conditions appropriate to assure compliance with such standards and requirements in accordance with 15A NCAC 2H.0507(d). Before modifying the Certification, the Division shall notify Mr. Jim Price and/or the Hydro Matrix Limited Partnership, provide public notice in accordance with 15A NCAC 2H.0503 and provide opportunity for public hearing in accordance with 15A NCAC 2H.0504. Any new or revised conditions shall be provided to Mr. Jim Price and/or the Hydro Matrix Limited Partnership in writing, shall be provided to the United States Army Corps of Engineers for reference in any Permit issued pursuant to Section 404 of the Clean Water Act, and shall also become conditions of the 404 Permit for the project; Jordan Hydroelectric Page 3 of 3 4 October 2006 2. Erosion & Sediment Control Practices Erosion and sediment control practices must be in full compliance with all specifications governing the proper design, installation and operation and maintenance of such Best Management Practices in order to protect surface waters standards: a. The erosion and sediment control measures for the project must be designed, installed, operated, and maintained in accordance with the most recent version of the North Carolina Sediment and Erosion Control Planning and Design Manual. b. The design, installation, operation, and maintenance of the sediment and erosion control measures must be such that they equal, or exceed, the requirements specified in the most recent version of the North Carolina Sediment and Erosion Control Manual. The devices shall be maintained on all construction sites, borrow sites, and waste pile (spoil) projects, including contractor-owned or leased borrow pits associated with the project. Dissolved Oxygen and Temperatures shall be measured from the water discharged from the project location from May 1 through October 30. Annual reports of the data shall be forwarded to the Division. If after one year of monitoring of DO and temperature during operation these levels meet state Water Quality Standards for these waters, monitoring may be discontinued. 4. If lake levels are to be lowered during construction or maintenance of the project, a moratorium from April 1 to June I shall be observed to minimize impacts to spawning fish and juveniles. Certificate of Completion Upon completion of the project, the Applicant shall complete and return the enclosed "Certificate of Completion" form to notify NCDWQ when all work included in the 401 Water Quality Certification has been completed. The responsible party shall complete the attached form and return it to the 401/Wetlands Unit of the NC Division of Water Quality upon completion of the project. Also, this approval to proceed with your proposed impacts or to conduct impacts to waters as depicted in your application shall expire upon expiration of the FERC License. If this Certification is unacceptable to you, you have the right to an adjudicatory hearing upon written request within sixty (60) days following receipt of this Certification. This request must be in the form of a written petition conforming to Chapter 150B of the North Carolina General Statutes and filed with the Office of Administrative Hearings, 6714 Mail Service Center, Raleigh, N.C. 27699-6714. If modifications are made to an original Certification, you have the right to an adjudicatory hearing on the modifications upon written request within sixty (60) days following receipt of the Certification. Unless such demands are made, this Certification shall be final and binding. This the 40' Day of October 2006 DIVISION OF WATER QUALITY 4,4- f f ',? Alan W. Klimek, P.E. AWK/cbk WQC #3059 Certification of Completion DWQ Project No.: Applicant: Project Name: Date of Issuance of Wetland Permit: Certificate of Completion Upon completion of all work approved within the 401 Water Quality Certification and Buffer Rules, and any subsequent modifications, the applicant is required to return this certificate to the 401 Oversight/Express Permitting Unit, North Carolina Division of Water Quality, 1650 Mail Service Center, Raleigh, NC, 27699-1650. This form may be returned to DWQ by the applicant, the applicant's authorized agent, or the project engineer. It is not necessary to send certificates from all of these. Applicant's Certification I, , hereby state that, to the best of my abilities, due care and diligence was used in the observation of the construction such that the construction was observed to be built within substantial compliance and intent of the 401 Water Quality Certification and Buffer Rules, the approved plans and specifications, and other supporting materials. Signature: Agent's Certification I, used in the observation of the compliance and intent of the 401 and other supporting materials. Signature: Date: If this project was designed by a Certified Professional I, , as a duly registered Professional (i.e., Engineer, Landscape Architect, Surveyor, etc.) in the State of North Carolina, having been authorized to observe (periodically, weekly, full time) the construction of the project, for the Permittee hereby state that, to the best of my abilities, due care and diligence was used in the observation of the construction such that the construction was observed to be built within substantial compliance and intent of the 401 Water Quality Certification and Buffer Rules, the approved plans and specifications, and other supporting materials. County: Date: hereby state that, to the best of my abilities, due care and diligence was construction such that the construction was observed to be built within substantial Water Quality Certification and Buffer Rules, the approved plans and specifications, Signature: Registration No. Date Cindi Karoly Division of Water Quality 2321 Crabtree Blvd. Raleigh, NC 27604 September 12, 2006 _\ti 0 6 -oa,.3) RE: Revision to 401 Water Quality Certification on the Jordan Hydroelectric project Dear Ms. Karoly, Hydro Matrix Partnership requests a modification of the 401 water quality certification that was issued on April 9, 1996 to add the requirement that we make daily DO (dissolved oxygen) and temperature measurements from May 1 st, to October 30th of the water discharged from the project to determine if it meets state standards. The DO standard for all waters in the Cape Fear River basin, except for waters supplementally classified as swamp waters, is 4.0 mg/1 instantaneous with a supplemental criteria of 5.0 mg/1 maintained as the daily average. Reports will be made to Division of Water Quality (DWQ) annually. If after one year of monitoring the DO during operation, it is consistently above state requirements and consistent with dam releases before the hydropower project was added, then monitoring will be discontinued. Todd Tugwell with the Army Corp of Engineers in Raleigh determined that there is no need for a 404 permit. However, we do need to retain 401 certification for our FERC license. This will require an individual 401 certificate. Also, you informed us that since there is no dredging or filling that there would be no fee for this application. Mr. Piner with the Army Corps of Engineers advised us that the Cape Fear Basin has consistently good water quality below the dam. The water quality is sufficiently good that monitoring of the DO level below the dam was discontinued years ago. During our recent conversation, we agreed to see if there was available DO and temperature data from near the project. We learned the above information about the good water quality in the basin, and could find no current DO monitoring below the dam. We expect that the Project's operation, which will pass the same release and withdraw water from the same lake level as is done presently, will maintain water quality downstream at the same level as the dam does presently. Our measurements should verify this opinion. Please to not hesitate to contact me or Jim Price (803 642-2749), if you have any questions or if there is any fee required to issue this modified 401 certificate. S' erely, Dean Edwards, Manager Mayo Hydro LLC, Partner of Hydromatrix Limited Partnership Attachments: Copy of existing 401 certification Map of area Description of project including drawings a S? F' U?6 a 7 P*) P.O. Box 5550 Phone: (803) 642-2748 Aiken, SC 28804 Fax: (803) 642-5587 E-maii: JimprIcehydro@bellsouth.net September 21, 2006 Magalie Salas, Secretary Federal Energy Regulatory Commission 888 First Street, NE Washington, DC 20426 Non-Capacity Amendment for the Jordan Hydroelectric Project, P-11437 Dear Secretary: Attached are an original and eight copies of an amendment application for the Jordan Hydroelectric Project, P-11437. The proposed amendment would decrease the number of generating units in the Project, reduce the electrical and hydraulic capacity; there are no other proposed changes to the licensed project. The planned amendment would have no different environmental impact than the Project originally licensed in 1997; the installation scheme and operation is identical to that approved in 1997 with different numbers of turbines and generators. The proposed amendment has less electrical and hydraulic capacity than in the original license. No review agencies had any negative comments on the proposed amendment. The licensee will begin construction with equipment fabrication, because there are no significant civil works in the Project. The licensee has arranged for equipment fabrication and is beginning project studies in anticipation of amendment approval and beginning construction. Financing is being arranged and that information will be filed soon with the Commission. Power sale will be to Progress Energy (Carolina Power and Light Company). The licensee plans to begin construction of this project promptly and wishes to proceed to accomplish completion of the project in 2007 to use the production tax credits in the Energy Policy Act of 2005. We ask that the Commission expedite approval of this simple amendment to allow us to begin and complete construction before that deadline. We ask FERC to approve this amendment within six months, the middle of March 2007. The license expects to release the contractor and begin construction in mid March by equipment fabrication. Our plan is to file the required financing plan late this year. We expect to begin construction on the site in August 2007. Design information will be sent to the Corps and FERC for review and approval in early 2007. We ask the Commission to use the original environmental assessment to the fullest extent possible to avoid the duplication of a second environmental assessment for a Project with similar project installation and features. There are no substantial changes in environmental impacts from the licensed project in this proposed amendment. O L?l??1J ? U S H P 2 5 2006 W?r? UE,,N13 - WATER QUALITY *7LAN s µn STONWATER BRWt, The licensee is beginning work on several environmental license articles that have long lead times and expects to submit those to the Commission late this year. This is not a capacity-related amendment. Copies of this application were sent to all review agencies. Yours truly, James B. Price President, Partner Cc: Corps of Engineers; U.S. Fish and Wildlife Service; U.S. Environmental Protection Agency; NC Wildlife Resources Commission; NC Dept. of Environment and Natural Resources, Div. Of Water and Div. Of Water Quality; NC Department of Cultural Resources BEFORE THE FEDERAL ENERGY REGULATORY COMMISSION Application for Amendment of License September 20, 2006 Hydro Matrix Limited Partnership Project No. 11437 (a)(1) Hydro Matrix Limited Partnership applies to the Federal Energy Rc gulatory Commission for an amendment to an existing license for the Jordan Hydroelectric Project, P-11437. The changes requested are contained within the attached exhibits. (a)(2) The exact name, business address and telephone number of the Licensee is Hydro Matrix Limited Partnership, P.O. Box 5550, Aiken, SC 29804, (803) 642-2749. An additional contact for the partnership is Mayo Hydropower, LLC, 5400 Downing Street, Dover, FL 33527, (813) 659-1007. Any correspondence should be sent to both parties. (a)(3) The applicant is a partnership, registered in the State of North Carolina, and is not claiming municipal preference under Section 7(a) of the Federal Power Act. (a)(4) This proposed amendment of the license substitutes 2 large turbines for 80 small turbines and generators, decreases the project capacity from 8 MW to 4.4 MW and decreases the hydraulic capacity from 2320 cfs to 1200 cfs. This is not a capacity-related amendment. The Licensee has found a better equipment choice than in the original license. The original design of the project was to install 80 small submersible turbine/generators on the upstream side of the intake tower. This amendment proposes to construct the hydropower project with two large turbine/generators on the upstream side of the intake tower. No other significant aspects of the Project are proposed for change; the environmental impact of the Project will not change from that assessed in the environmental assessment prior to the license. (a)(5)(i) The statutory or regulatory requirements of the State of North Carolina in which the project will be located that affect the project as proposed, with respect to bed and banks and to the appropriation, diversion, and use of water for power purposes, and with respect to the right to engage in the ' )usiness of developing, transmitting, and distributing power and in any other business necessary to accomplish the purposes of the license under the Federal Power Act, are Water Quality Certification (Section 401) and Certification of Public Convenience and Necessity. (c) This is not a capacity-related amendment. The exhibits and license articles that require revision are the type and number of generating units (from 80 to 2), a reduction in electrical and hydraulic capacity in Exhibit A, the reduced hydraulic capacity in Exhibit B, new financial information in Exhibit D, and the project drawings in Exhibit F. There are no different environmental impacts to be considered in Exhibit E from those analyzed in the Environmental Assessment for the licensed project. No license articles need to be changed or deleted, because they all remain pertinent to this proposed project. There are no changes in the Project Boundary in Exhibit G. The details of the issues in this amendment are explained below. COPYRIGHT 2005 © by Hydro Matrix Limited Partnership Jordan Hydroelectric Project P-11437 Amendment tD License Table of Contents Exhibit A Amendment to Equipment Description Project Boundary Exhibit B Amendment to Operating Plan Exhibit C Project Schedule Exhibit D Project Cost and FinamzV Proposed License Articles Charm to Exhibits A, B, D, F, G Environments Impacts of Amendment Exhibit F Project Drawings Exhibit F-1 3-D Project Overview Exhibit F-2 Front Elevation Exhibit F-3 Cross Section Elevation Exhibit F-4 Section View, Roof Exhibit F-5 Plan View, EL-199 feet MSL 2 Jordan Hydroelectric Project P-11437 Amendment to License EXHIBIT A: AMENDMENT TO EQUIPMENT DESCRIPTION The license specifies that the project will consist of 80 small submersible turbine generator units installed in two modules placed in slots on the intake tower. This amendment proposes to reduce the number of turbine/generators from 80 to 2. Each of the two turbine/generators will be installed in a generation module that will be placed in the. existing stoplog slots in the existing intake tower, as planned in the licensed project. No construction of any sort is required for installation or removal of a turbine, although minor modifications to the intake tower structure are necessary. The modifications include the installation of two redundant permanent hoists at the top of the tower for each module, a control building to be constructed on the existing intake tower, and the installation of transformer and switchgear equipment on the adjacent dam. These same modifications would be necessary for the licensed project. A 23 kV transmission line will deliver the generation to the utility interconnection. In summary, the only changes from the project as licensed are that the two modules with 40 turbine generators in each module will be replaced with two modules with one turbine generator in each module, and the total capacity will be reduced from 8 MW to 4.4 MW. The hydraulic capacity would decrease from 2320 cfs to 1200 cfs. A.3) The number, type, and rated capacity of revised turbines or generators The facility will have two vertical shaft turbines connected to generators. Generator number one will be rated at 2200 kW and will be connected to a semi-Kaplan turbine. Generator two will be rated at 2200 kW and will be connected to a semi-Kaplan turbine. The combined total capacity of the two generators is 4.4 MW. Power will be transferred from each generator through a flexible cable to the top of the intake tower and then by conduit to the substation located on the top of the dam, as shown in Exhibit G-2 as licensed. At the substation the voltage will be stepped up from 4,170 volts to 23 kV. There is no change in the substation from the licensed project except the capacity of the transformer is reduced to match the generating capacity. As indicated in the issued license, each generation module (or module) will consist of a fabricated steel frame that is designed to travel vertically in the existing stop log slots on the front (upstrearn side) of the intake tower. Each module is comprised of four separate sections that are bolted together after they are lifted into place. A hoist system will be installed on the top of the intake tower to raise and lower the generation module. Raising the modules will allow flood flows to pass through the emergency gates and also allow for maintenance of the equipment. The lower 49 feet of the frame of the module will be covered with plate steel to form the Channel carrying water from the lake to the turbine as well as forming the draft tube support r tructure below the turbine. A slide gate, called a spill gate, will be built into the downstream side of the module above the turbine to pass water into the existing conduit, bypassing the turbine. The purpose of each spill gate is to allow releases up to 1000 CFS, without removing the generating modules or using the water quality gates in the intake tower. When the turbine is fully open, passing 600 cfs, the maximum flow through the spill gate would be 400 cfs. The spill gate will also open automatically to maintain flow (1000 cfs), when a turbine shuts down unexpectedly. Below the spill gate is the draft tube outlet into the dam conduit. The bottom of the module rests on the existing conduit intake floor at 150 feet msl. See revised drawings in Exhibit F. Above the section of the generation module that is covered with steel plate, which ends at 199 feet msl, the framework is uncovered. Above this elevation water that has passed through the intake rack enters the intake channel of the generation module, passing into the channel and the turbine. As indicated in the license, channel sections will be placed above this elevation (199 feet MSL) to elevation 211 feet MSL to duplicate the withdrawal elevation of water from the lake that is presently used. The framework continues up to the floor that supports the generator at 225 feet msl and is even with the top of the trash racks. The overall dimensions of this framework are 11' wide by 11' deep by 75 feet high up to the generator floor level. A weather cover will be constructed on top of the generator floor to protect the generator from the elements and to ensure that noise from the generation equipment is minimal and not intrusive. The turbine will be attached to a mounting plate at the inlet of the draft tube. A steel shaft will be bolted to the output flange of the turbine runner and will transfer power to the generator. Due to the length of the shaft, 3 Jordan Hydroelectric Project P-11437 Amendment to License several intermediate bearings will be used between the turbine and the generator. The generator will be a vertical shaft synchronous machine with solid-state excitation and utility grade protellive equipment. Flow though each turbine will be controlled by the turbine's wicket gates from idle to full output. Operation is discussed in more detail below in Exhibit B Amendment to Operation. The power, monitoring and control cables will pass from the module to the top of the intake tower via a folding cableway, which will not interfere with the lifting of the module. All control and monitoring cables will be routed to a control room on the intake tower. Turbine and Generator Data Turbines Unit 1 Unit 2 Runner diameter 58" 58" Rated head 52' 52' Design Flow 600 600 Operating speed (rpm) 400 400 Output at 216' pool elevation (kW) 2100 2100 Coupling to Generator Direct Direct Generators Generator Type synchronous synchronous Rated Capacity (kW) 2200 2200 Power factor 0.80 0.80 Phase/voltage/frequency 3/4160/60 3/4160/60 Generator efficiency 98% 98% Control buildin Each generator will be switched at the generator voltage of 4160 volts by means of a circuit breaker located inside the control building. It is proposed to use the generator breaker for switching functions, synchronization and isolation of the generator under short circuit conditions; this breaker will have an adequate interruption rating. A cutout type fuse will also be installed to provide a backup over current protection. The normal power supply for station services will be tapped from the common 4160 volt bus through a fused disconnect switch and a 4160 to 208/120 volt three phase transformer. Intake Tower The intake tower is located immediately upstream of the dam and is designed for releasing flows from the reservoir into the tunnel and then into the tailrace. Eight multilevel water quality intakes at elevations ranging from 181 feet to 209 feet and two conduit intakes at the base of the intake tower are provided. The main intakes are each 9 feet wide and 19 feet high at the emergency gate and are situated at the front of the tower with an invert elevation of 150 feet msl. Each conduit bay (linked to the main intake) has an emergency gate for blocking flow from the conduit intake and a service gate located downstream from the emergency gate for regulating releases. The eight multilevel intakes consist of two 6-foot square drop inlet intakes and two 8-foot square drop inlet intakes on the front and two 8-foot square drop inlet intakes on ea h side of the tower. The service gates control the rate of flow through the intakes. The multilevel intakes discharge water between the emergency gate and service gate of each of the two conduit bays. As in the licensed project, this amendment proposes use of the existing stop log slots in the intake tower to install the two generation modules. The front of the intake tower has two large inlet gates, called emergency Jordan Hydroelectric Project P-11437 Amendment to License gates, which are used to pass flows in excess of the volume that can pass through the water quality gates that withdraw water from near the surface. The bower was designed with stop log slots in front of the emergency gates so that the area could be dewatered for maintenance. It is in these stop log skits that the proposed turbine generator modules will be installed. The two stoplog skits in the roof and the platform above the existing main intake debris rack will be enlarged to allow the modules to be lowered through the platform to the invert of the intake at elevation 150 feet msl. This cutting will be done underwater without shutting off flow. Each generation module will draw water from above the existing main intake debris rack platform, which are at 199 feet msl on the left side and 196 feet msl on the right We. A trash rack will be attached to this platform and extend upwards tD 225 fleet msl. AN of these modifications are as described in the license. Trash rack and Level of Water Wittrdrawal There is no change from the project as licensed, regarding the trash rack or level of withdrawal from the lake through the intake channel. The trash rack will be designed to have an approach velocity of less than 1.5 feet per second and a space between bars of less than 1.25 inches. A channel wig be located behind the trash rack so that water will be withdrawn at the same level of the lake as is currently being passed using the water quality gates in the intake lower. This channel, approved as part of the licensed project ensures that wittdrawal of water from the lake is at the same level as current operation. Powertrouse No powerhouse will be built and no modification will be made to the existing supershictum of the dam. A control building will be attached to the existing intake Mower or nearby. There will be no modifications to the conduit or outlet The generation module serves as the intake darnel and the existing conduit serves at the tailrace. Conduit Water that is discharged from a generation module will enter the existing conduit This 360 foot long water conduit is 16 feet 8 hx;nes wide by 20 feet 10 inches high and carries water through the dam to the discharge chute, which is located on the downstream side of the dam. Because of the t .khom darn that is I several miles downstream, approxirnately 8 feet of water depth.. , _ ; ... - *I-,- -M require no modifrcatior.-- Tailrace The water as it exits the conduit enters the existing discharge chute and into the river. This discharge chute will require no modifications. Cofferdam No cofferdam will be required Civil Works There is no grange to the civil works required from what was licensed. No civil works will be required for the project except for a banslormer substation, a control building and a transmission line. The substation and control building will be installed on top of the intake tower or nearby on top of the dam. Transmission Line There has been no change in the transmission fine from the Ncd project. Jordan Hydroelectric Project P-11437 Amendment to License Substation Location and size are the same as licensed. The power generated at 4160 volts will be stepped up to 23,000 volts by an outside pad mount transformer on the dam near the intake tower. The location will be determined in consultation with the Army Corps of Engineers. There will be a fence enclosure around the transformer substation for security and safety. Lands of the United States The project is on lands owned by the Federal Government and managed by the U.S. Army Corps of Engineers, Wilmington District. Roads There exist paved roads to all places needed for the construction and maintenance of this project No roads will need to be built or modified. The licensee will repair any damage to roads caused by construction. PROJECT BOUNDARY There is no change to the project boundary from that licensed; Exhibits G-1 and G-2 do not change. The project description in (13)(2) of the license should be revised to read: Project works consisting of (a) a support structure, consisting of two removable sections (the conduits would be installed, vertically, along the north face of an existing intake tower); (b) two "generation modules", each module containing one 2,200 kW turbine/generator and a draft tube; providing a total proposed installed capacity of 4,400 M, (c) four overhead hoists, located on bop of the existing intake tower to lower and raise the generation modules; (d) a trash rack; (e) a control building located on bop of the existing intake Mower, (f) a 23 kilovolt (kV) primary transmission line about 5.1 miles long and 20 feet wide; and (g) appurtenant facilities. The inflatable bladders authorized in the license will not be necessary. These bladders were planned in the original project t0 ensure that flow was being withdrawn from near the surface of the lake during the summers, as the water quality gates do presently. The arrangement of the 40-unit nwdules with hatrontal turbines required an open water passage in front of the modules. The amendment application proposes a generation module that has an enclosed steel passageway from the surface to the vertical turbines, so water cannot be drawn into the turbine from the bottom of the lake. 6 Jordan Hydroelectric Project P-11437 Amendment to License EXHIBIT B: AMENDMENT TO OPERATING PLAN The Jordan Hydroelectric project will operate in a run-of-river mode as required in the license and as directed by the Army Corps of Engineers. It will be capable of running unattended and will operate semi automatically. An operator will live nearby and when not at the plant the operator will be on call. Surveillance by the operator will ensure proper functioning of equipment and trash removal. The proposed amendment will not change the flows released from the dam or the level of withdrawal of water from the lake. Only the maximum hydraulic capacity for generation will reduce from 2320 cfs to 1200 cfs. Five Flow Regimes Below a dam release of 1200 cfs, all flow would pass through the two turbines; this flow regimen occurs 710/6 of the time on average. For a release of 1200 to 2000 cfs, the flow would pass through the turbines (1200 cfs) and the spill gates in both modules (800 cis); this flow regimen occurs 8% of the time on average. Based on the dam's flow duration curve, flows in excess of 2000 c:fs are exceeded only 21 % of the time. From 2000 to 7300 cfs of release, the flow would pass through the turbines (1200 cfs) and the spill gates (800 cfs) in both modules; the excess flaw up to 5300 cfs would pass through the water quality gates in the intake tower and into the passageways leading into the tunnel. This flow regimen occurs 16% of the time on average. Flows in excess of 7300 cfs are exceeded only 5% of the time. For 7300 to 11,300 cfs of dam release, about 1000 cfs of flow would pass through one module (the other module would be raised), up to 8000 cfs could pass through the service gate in the passageway with the raised module, and the excess flow up to 2300 cfs would pass through the water quality gates on the side with the lowered module and through the spill gate in that module. This flaw regimen occurs 2.8% of the time on average. Above 11,460 cfs, both modules would be raised and regulation would be with both service gates; this fifth flow regimen occurs 2.2% of the time on average. This is the same operating scheme approved in the license. The project will use all flow above 100 cfs and below 1,200 cfs, the maximum combined hydraulic capacity of the two turbines. All water that passes through the turbines will be from the correct elevation just below the surface of the reservoir and will pass through the trash rack, as present operation and the license allow. The water flawing through the spill gates will also pass through the trash racks. Control of Dam Release The District will continue to determine the flow to be released at any time from the dam, and hence the hydropower plant and advise the licensee's operator, who will adjust turbine flow to make that release. The emergency gates will be fully open to allow maximum release through the units. All releases through the emergency, service and water quality gates would be made by the Corps' operating personnel. An operating plan will be negotiated with the Wilmington District to define operating responsibilities of the parties. When flow through the turbine needs to be reduced or stopped quickly as in a bad rejection, a small spill gate on the back side of the intake channel will open automatically into the conduit so to maintain the flow of surface water. When flows above the capacity of the turbines are required (>1,200 cfs), the spill gates on the back of the generation modules will open to maintain the flow of surface water up to a total flow rate of 2000 cfs. The water quality gates might be throttled to control the release through these gates. Prior to throttling the water quality gates, the ability to operate them in this manner will be verified in consultation with the Corps. If the gates do not perform well at partial opening, the spill gates will be used to throttle flow to release the desired amount. Jordan Hydroelectric Project P-11437 Amendment to License If the required flow rate is above that which the turbines, spill gates, water quality gates and floodgates combined can pass (7300 CFS) then one or both of the modules will be lifted out of the way to the top of the emergency intake so that full flow through one or both of the emergency gates can occur. A module will not generate when it is lifted. This will occur only 5% of the time. It will take less than 30 minutes to lift the bottom of each generation module from elevation 150 feet to elevation 199 feet msl. Each module will move independently using its own hoists. The hoists will be driven by electric motors. A backup generator will be used to provide hoist power during an electrical outage. After this project is in operation, the Corps will not control the rate of flow with the service gates in the bottom of the intake tower as they currently do. They will close all the water quality gates and fully open both of the service gates and both emergency gates. Water will then pass through the projects trash racks, into the water level control channel of the generation module, down the vertical channel of the module and into the turbine. After the water has passed through the turbine, it enters the draft tube and is discharged into the existing conduit between the stop log slots and the emergency gates. The water then passes into the existing conduit then though the open emergency and service gates and continues through the conduit to the discharge basin. At this point, the water reenters the Haw River downstream of the dam at the same location as it currently does. If one or both of the turbines are shut down, then the opening of the module spill gate will be automatically adjusted to maintain the specified flow rate of surface water. A warning horn and light will be installed to wam persons near the outlet that the rate of flow in the river is changing. An automatic standby generator will be used to ensure the proper operation of the spill gates during a power outage. Dependable Capacity and Average Annual Energy Production The average annual energy production for the proposed project is 17,500,000 kWh. The annual plant factor is estimated to be 45%. There is no dependable capacity; the operation will be run-of-river. Emergency and Normal Operation As required in the license, an operating plan will be arranged with the Corps of Engineers to ensure that operation of the existing dam is not altered in any unacceptable way. This plan will include emergency operating procedures. We will work with Corps personnel in developing a comprehensive emergency operation plan. EXHIBIT C: PROJECT SCHEDULE The Licensee is expecting that this amendment will be approved late in 2006 or early 2007. While we are waiting for this approval, detailed studies and plans will be made and coordinated with the Corps of Engineers as required in the license articles. As soon as we receive approval for this amendment, the final construction drawings will be done. We will then obtain approval of the final design for the project from the Corps and the Commission. The equipment procurement contract for the turbines and generators will be awarded in the first quarter of 2007, after approval of the final design. The power module fabrication contract will also be awarded in the first quarter of 2007. It is expected that project construction including fabrication and installation will start in the second quarter of 2007. The goal is to get both generation modules installed and producing power before the end of 2007 to obtain favorable tax treatment under the Energy Policy Act of 2005. If the licensee does not get amendment approval and other tasks complete, construction will be finished on both modules in the second quarter of 2008. 8 Jordan Hydroelectric Project P-11437 Amendment to License CONSTRUCTION SCHEDULE BY QUARTER OF YEAR Tasks 2\ 06 31 06 4/ 06 1/ 07 2/ 07 31 07 4 /07 1/ 08 2/ 08 3/ 08 Amendment issues x x Structural design x x Fabricate module 1 x x x Fabricate module 2 x x x x x Construct transmission line x Install module hoists x Install module 1 x x Module 1 on line x Install module 2 x x x Module 2 on line x Install control systems x x X Check operation x Clean up/ site restoration x EXHIBIT D: PROJECT COST AND FINANCIAL ANALYSIS For economic and technical reasons, the licensee has chosen to build this project with conventional generating equipment installed in two power modules, rather than the licensed numerous small turbines and generators. The simpler, more efficient design in this amendment, produces sufficient energy each year to result in an economical project at the power price negotiated with Progress Energy. The licensee has already obtained two large turbines that can be installed as planned in this amendment. The horizontal turbines in the licensed project had a technical problem with water passages being too small for efficient flow above the turbines. The financial features discussed in the license application and approved in the license have not changed except for cost and generation data as indicated in the financial information below. Project Costs Table D-1 provides a detailed estimate of equipment and civil costs. Costs include a contingency, interest during construction, administration, legal fees, insurance, and financing costs. The total project cost for this 4.4 MW project is $3,982,000. 9 Jordan Hydroelectric Project P-11437 Amendment to License Annual Cost The average annual debt is expected to be $349,000.00. This is the cost in 2006 dollars for the debt portion of the financing. The Licensee plans project financing using debt and equity through a partnership. The annual debt payment is based on borrowing 80% of the project cost at an effective interest rate of 9% with a maturity of 20 years. The partnership will provide the remaining 20% of the cost as equity. The average annual cost includes debt service plus operating expenses. The annual operating expenses of $215,000 include operation and maintenance, insurance, state and federal taxes, administration, govemment use fees and equipment repair and replacement Depreciation is included in the financial analysis. Proiect Net Revenue Based on debt and operating costs, the cost-of-service is about 3.2 cents1M in the first year of operation. The after tax cash flow, is the net revenue to the partnership; the total net revenue in 20 years is $904,000. The security of the proposed power purchase agreement with Progress Energy and the contributed equity will be enough to provide for the debt service of 80% of project cost Annual Power Revenue The power will be sold to Progress Energy. Our contract with Progress Energy will require them to buy all the power at a levelized rate for 15 years with a payment for capacity and energy. It is reasonable to expect that the purchase rate would increase after the initial 15 year contract period. Since this project is smaller than 5 MW, it will also qualify for energy payments from NC Greenpower. If that program is fully funded, the project could receive up to 1.5 cents per kWh. PROPOSED LICENSE ARTICLES All of the existing license articles are pertinent and do not need to be modified because of the change in equipment that this amendment proposes. HANGES TO EXHIBITS A. B. D. F. G Exhibit A should be changed to indicate the 2 turbines and generators with a capacity of 4.4 MW, as discussed above. Exhibit B only needs to be changed to reflect the maximum hydraulic capacity of 1,200 cfs instead of 2320 cfs. Exhibit C only needs to be changed to reflect the change in the constriction schedule. The revised cash flow analysis in the revisions to Exhibit D shows that the amended project is feasible. Exhibit F drawings in the license are replaced with the enclosed Exhibits F-1 through F-5. The revisions in Exhibit F show the changes in project equipment There are no changes to the project boundary. Exhibits G-1 and G-2 do not change with this amendment proposal. ENVIRONMENTAL IMPACTS OF AMENDMENT Exhibit E does not need to be revised, because the impacts considered in the Environmental Assessment performed by the Commission and the agencies before issuing the license are the same as those that could occur in the proposed amended project Therefore, no further environmental assessment is necessary, because the original assessment is applicable to the proposed amendment 10 Jordan Hydroelectric Project P-11437 Amendment to License Measures to Maintain Water Qualih+ Dudnq Project Operation The two power modules will be placed in exactly the same location as the power modules were to be placed in the licensed project The turbine intake water will be drawn from near the surface of the reservoir at the same levels as approved in the issued license and current operation. There can be no change in the quality (DO, temperature) of water that would be released from the amended project compared to the water quality of releases from the licensed project. There is no need to change the Water Quality Certificate issued by the State of North Carolina, because the water quality of project releases will not change. However, NC Division of Water did want to modify the WQC to include some monitoring of water quality exiting the dam, and the licensee has agreed to those changes and requested that they be added to the WQC. The licensee has proposed monitoring DO and temperature downstream of the dam to confirm that water quality is within state standards during project operation. Presently, there is no monitoring of DO and temperature downstream of the dam, because historically water quality has met state standards. During operation of the hydro project, the river flow will be monitored during the summer (June - October) to determine if state standards are met If water quality is within state standards, NC Division of Water will determine the need for further monitoring. The letter to NC Division of Water proposing this monitoring is with the agency comments. The hydroelectric project as proposed in this amendment will make no changes in the water releases made from the reservoir. The project will be operated in a run-of-the-river mode and with releases determined by the Corps of Engineers for low flow augmentation and downstream flood control in the same amounts as is presently done. Minimization of Fishery Impacts The trash rack planned in the licensed project is the same as the planned trash rack in this amendment application. The trash rack should avoid or greatly minimize fish mortality from project operation from either impingement or entrainment. The trash rack will have a maximum spacing of 1.25 inches between bars and the intake velocity will always be less than 1.5 feet per second. As there is currently no trash rack with small bar spacing installed on the intake tower, the proposed project and its trash rack could reduce the number of stocked fish in the reservoir that pass downstream. Because DO concentrations downstream are maintained and no temperature changes will result from the hydropower plant, the water quality will not change and there should be no impact on fish and the aquatic habitat. No endangered or threatened species would be affected by the project The license requires studies to avoid or minimize impacts to the red-cockaded woodpecker, although recent information indicates that there are no known populations of this Endangered Species in the vicinity. The use of Federal project lands and existing development are limited to the dam, related facilities, transmission line and the maintenance of these facilities. That land use will not change under this proposed amendment. Aesthetic Impact The two generation modules on the intake tower, as in the licensed project, will cause no difference in visual impact between this proposed amendment and the licensed project Most of each generation module will be below the lake surface and on the upstream side of the intake tower. The profile of the generation modules will be below the profile of the intake tower. The transmission line will be a normal wood pole power line and will be placed beside a road with a transmission line on its other side, so it will have minimal visual impact 11 O MO 4 O t` nO04M(p CO CO M N Cl) 0O m OD S IT It0Av?.: co - 07i - MN 0) (7) C3 0 0)0 V ? 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Table D-1 page 2 Construction cost Tur/gen $ 950 Turbines Numbers are in thousands Civil $ 680 modules, hoi sts Substation $ 75 Transformer T line $ 422 650' Engineering $ 175 Design Permit/lic $ 210 Controls $ 150 Misc $ 200 Total $ 2,862 2020 2021 2022 2023 2024 2025 2026 2027 2028 4.5 4.5 4.5 4.5 4.5 4.5 4.5 4.5 4.6 $ 789 $ 789 $ 789 $ 789 $ 789 $ 789 $ 789 $ 789 $ 807 $ 69 $ 71 $ 73 $ 76 $ 78 $ 80 $ 83 $ 85 $ 88 $ 69 $ 71 $ 73 $ 76 $ 78 $ 80 $ 83 $ 85 $ 88 $ 37 $ 38 $ 40 $ 41 $ 42 $ 43 $ 45 $ 46 $ 47 $ 28 $ 29 $ 29 $ 30 $ 31 $ 32 $ 33 $ 34 $ 35 $ 36 $ 37 $ 38 $ 39 $ 41 $ 42 $ 43 $ 44 $ 46 $ 58 $ 60 $ 62 $ 64 $ 65 $ 67 $ 69 $ 72 $ 74 $ 298 $ 307 $ 316 $ 325 $ 335 $ 345 $ 355 $ 366 $ 377 $ 492 $ 483 $ 473 $ 464 $ 454 $ 444 $ 434 $ 423 $ 430 $ 2,092 $ 1,931 $ 1,756 $ 1,565 $ 1,357 $ 1,131 $ 883 $ 614 $ 320 g C 188 174 158 141 122 102 80 55 29 349 349 349 349 349 349 349 349 349 161 175 191 208 227 247 269 294 320 1.4 1.4 1,4 1.3 1.3 1.3 1.2 1.2 1.2 3.7 3.7 3.8 3.8 3.9 4.0 4.0 4.1 4,1 $143 $134 $124 $115 $105 $95 $85 $74 $81 $ 668 $ 700 $ 733 $ 768 $ 805 $ 843 $ 883 $ 925 $ 969 $ 30 $ 32 $ 33 $ 35 $ 37 $ 38 $ 40 $ 42 $ 44 $ 199 $ 199 $ 199 $ 199 $ 199 $ 199 $ 199 $ 199 $ 199 $ 104 $ 110 $ 116 $ 124 $ 133 $ 143 $ 155 $ 169 $ 202 42 44 47 50 53 57 62 68 81 $ 101 $ 90 $ 78 $ 65 $ 52 $ 38 $ 23 $ 7 $ 0 ZIGHT GENERATING MODULE SHOWN IN ')ERVICING OR FLOOD ZELEASE POSITION LEFT GENERATING MODULE SHOWN IN OPERATING POSITION JORDAN HYDROELECTRIC PROJECT P-11437 EXHIBIT F-1 3-D PROJECT OVERVIEW t EL 266.5 --- - Top of Trashrack EL-225 Top of Conservation Pool EL-216 Bottom of Conservation Pool EL-202 EL-199 EL-196 EL-150 Scale 200:1 0 200 inches JORDAN HYDROELECTRIC PROJECT P-1 1437 EXHIBIT F-2 FRONT ELEVATION G TRASHRAC SPACING EXAGGEF FOR CLAF WATER LEVE CONTROL CHANNEL MAIN SHAF TURBIN A A WATER QUALITY INLET GATES SERVICE GATE SECTION A-A JORDAN HYDROELECTRIC PROJECT SCALE 1 : 240 P-11437 EXHIBIT F-3 0 inches 240 CROSS SECTION ELEVATION DRAFT TUBE CAA I t A 143.0 CROSS HATCHED AREAS TO BE REMOVED. A SECTION A-A SCALE 1 : 200 200 inches JORDAN HYDRC RECT IC PROJECT P-1 1437 EXHIBIT F-4 SECTION VIEW, ROOF -- EL-216' MSL A 43.0 -- 143.0--- -- EL-199' MSL EL- 199' A Q - 88.0 - SECTION A-A SCALE 1 :200 CROSS HATCHED AREA TO RIGHT GENERATOR MODULE BE REMOVED FROM PLATFORM. NOT SHOWN FOR CLARITY DIMENSIONS TYPICAL FOR LEFT SIDE ALSO. Scale 200.1 JORDAN HYDROELECTRIC PROJECT P-1 1437 0 200 EXHIBIT F-5 inches PLAN VIEW, EL-199 AGENCY COMMENTS AND RESPONSE The licensee has contacted all agencies that made comments on the license application and some additional agencies. The licensee sent a draft of the amendment application to those agencies on July 21, 2006. A list of the addresses is below. To answer any questions, the license called most of the agencies to encourage their comments. The licensee met with the Corps of Engineers in Wilmington on August 25 and at the Jordan Dam on September 6. The licensee made numerous calls to agencies to answer questions, discuss the project and encourage sending comments. E-mails were also sent to several agencies. The mail telephone contacts are listed below. Contents Summary of Agency Comments and Response Comment Letters: Corps of Engineers Sept. 19 and Response U.S. Fish and Wildlife Service Sept. 19 and Response NC Wildlife Resources Commission Sept. 7 and Response NC Dept. of Environment and Natural Resources Sept. 1 and Response NC Dept. of Cultural Resources April 6, 2006 and Response Copy of Letter Sent to Agencies on July 21, 2006 Addresses of Agencies Contacted Telephone Call Log of Agency Contacts Summary of Agency Comments and Response The agencies were supportive of the amendments made to the Project. Several concerns were expressed, and those are addressed in the specific response to each agency below. The Corps had extensive comments but none that disagree with the licensee's plans. The Corps is concerned about structural effects on the intake tower and tunnel, unbalanced flow in the tunnel, etc. The licensee expects to begin the studies very soon that would examine structural effects on the tower and submit those to the Corps and FERC in early January. Contact with Ms. Cindi Karoly of NC Division of Water Quality (DWQ) indicated that some monitoring of water quality should be added to the Water Quality Certificate received in 1996. The licensee sent DWQ an application to modify its WQC to add monitoring to the water quality certificate for the project on Sept. 18, 2006, which is attached. FEMA determined that they had no comments, because flows through the dam are not changing with the proposed amendment. Their e-mail of Sept. 15 is attached. A copy of the draft amendment application was sent to EPA at the address below on July 21. No comments were received. An e-mail requesting comments or indication of no comments was sent to John Hamilton of that office on September 19, but no response has yet been received. None of the agencies objected to the proposed amendment to the license. REPLY TO A1TFNnON OF: DEPARTMENT OF THE ARMY WILMINGTON DISTRICT, CORPS OF ENGINEERS P.O. BOX 1s" WILME4GTON. NORTH CAROLINA 28402-1890 September 19, 2006 Mr. Dean Edwards Hydro Matrix Partnership, Ltd. 5400 Downing Street Dover, Florida 33527 Dear Mr. Edwards: This is in response to your request dated July 21, 2006 for comments on a non-capacity amendment to the Federal Energy Regulatory Commission (FERC) Jordan hydroelectric project P- 11437 and a meeting between our staffs on August 25, 2006 at the Corps office in Wilmington. 1 would like to take this opportunity to thank you and your partners for the time you spent briefing my staff on your proposed hydropower add-on venture at B. Everett Jordan project and the great care to detail and planning that was obvious In the presentation that you gave. Based on the information received to date the following comments, concerns and needs are provided; a. An accurate and reliable gate status indication system, acceptable to the Corps, will need to be installed on each water quality gate as well as the spill gates located on the proposed hydro modules and then discharge rating tables will need to be developed for each gate and combination of gates for the complete range of headwater/tailwater elevations and discharge combinations. b. Existing project'as-buiR' drawings, operational plans, water control manuals and pertinent data will need to be updated to reflect additional impacts associated with these modules including detailed structural analysis, maintenance schedules anticipated replacement intervals and periodic inspections etc. c. A detailed structural analysis covering all potential impacts to our facility including but not limited to bridge access weight limits, detailed tower modifications, anchor impacts, unbalanced flow situations, corrosion of components, generator building, transformers, noise, lighting and warning systems must be provided and followed up by a Corps directed Internal Technical Review. d. Water quality instruments acceptable to the Corps must be added to the USGS gage immediately downstream of the dam to establish a baseline at least one year prior to installation of hydroelectric modules and continually maintained in the future by USGS to monitor impacts to dissolved oxygen, temperature, turbidity and other applicable water quality parameters. e. Article 402 of the FERC License - The mitigation measures that would avoid fish impingement and entrainment will result in blockage of passage of stripped bass and other fishes. Suggest that licensee coordinate with NCWRC to address potential Impacts on the opportunity to fish for stripped bass down stream If fish passage through the-dam is reduced or eliminated. -2- f. Article 405 of the FERC License - requirement for survey for Red Cockaded Woodpecker - We are not aware of any active colonies in the area. We would rely on the US Fish and Wildlife Service in coordination with the NC Natural Heritage Program and the NC Wildlife Resources Commission to make a determination regarding the requirement for a survey of the transmission line route. g. Article 404 of the FERC License - Bald Eagle - Based on our observations Bald Eagles are frequently present in the area around the Dam and along the Haw River below the Dam. No nests are known in the Immediate vicinity. it may be appropriate to survey for nests along the transmission line route adjacent to the Haw River prior to construction. We would rely on the US Fish and Wildlife Service in coordination with the NC Natural Heritage Program and the NC Wildlife Resources Commission to make a determination regarding the requirement for a survey of the transmission line route. Requirements for installation of "raptor protection" on transmission lines are appropriate and should remain in place. h. Transmission Line - The request states that "planned amendment does not change the route of the transmission line." Current route would include approximately 2350 feet paralleling the Haw River on Government property. Approximately 1700 linear feet (0.78 acre) of the route on Government property Is forested. License information indicates that the width of the cleared corridor would be 20 feet. Please provide information on any requirement to top or remove trees (i.e. danger trees) outside the proposed cleared corridor (20 feet wide). It is our understanding that the FERC license grants real estate interests in the "project" area. If maintenance of the transmission corridor would require tree topping or removal beyond the 20 feet currently described then the additional width should be included in the project area. References to the width of the transmission corridor on Government property in text and exhibits should be revised to include the entire area necessary to accommodate the proposed facilities. Further coordination of easements will be required. I. Information on the transmission line in the original license document does not discuss why the route proposed is the preferred route or what alternative locations or methods may have been considered for transmission of power from the facility. The License document does indicate that "...Hydromatrix would consider rerouting the transmission line, as requested by the Corps." Prior to construction, we request an opportunity to discuss alternative routes in order to maximize use of existing corridors (i.e. power lines, roads, or other utility lines) and minimize adverse impacts to forested areas and aesthetics on Government property. j. We require strict adherence to the USACE Security Policies and Requirements and the Safety and Health Requirements Manual throughout all aspects of this venture including but not limited to general project access, confined space entry access, construction, operation and maintenance. Current documentation provided does not explicitly mention these requirements. -3- k. A clear concise operation plan addressing contingency Issues, potential real estate Issues/impacts, specific Corps/Ucensee roles of responsibility including response times, periodic operational and emergency training and procedures to follow is required and subject to advance approval by the Corps as generally outlined in Article 1.a. of the Access Memorandum of Agreement dated April 15, 1998. We look forward to a beneficial partnership for all concerned in the future operation of B. Everett Jordan project. Please contact Mr. Alien Piner, Coastal Hydrology and Hydraulics Section, Engineering Branch, at (910) 251-4762 with any questions or concems,,--N Response to Letter of Sept. 19, 2006 from Wilmington District, U.S. Army, Corps of Engineers The licensee had an extensive and very productive meeting with the District in Wilmington on August 25 and a meeting with site personnel on Sept. 6. Both these meetings were productive from the standpoint of answering questions about the planned project and the licensee learning about present operation of the dam and concerns of the District. The numbers below correspond to numbered comments in the letter of Sept. 19. a. Agreed. Licensee will instrument new gates for position status. Some indication will be available in administration building of the plant status so that the dam tender will always know what is being released and gate positions. b. Noted and agreed. c. This is a review that we expect. We will begin preparing structural analyses and similar documents soon with the expectation of providing them to the District for review by January. d. We have contacted NC Division of Water Quality and are arranging with them to do some monitoring of DO and temperature downstream of the dam. Some measurements will be made prior to operation. Measurements will be made by the licensee using equipment we install and maintain. Presently, there is no monitoring on the Cape Fear River of which we are aware. e. We have contacted NC WRC and received comments from them. f. Several agencies have commented that they have no knowledge of Red Cockaded Woodpecker in the vicinity, but we are obligated to do a survey along the transmission line route because of license article 405. g. We will build overhead transmission lines to raptor protection standards whether eagles are present or not. h. We can certainly advise the District of any danger trees that might need to be removed. The transmission line will be constructed in the fall of 2007, so it would be appropriate to determine if there are any additional trees that need to be removed outside the 20 feet of easement at that time or later as such problems become known. We are willing to walk the line with a representative of the District and the contractor that will do that work before cutting trees. We can contact the District before cutting any additional trees. i. We will certainly be glad to coordinate the route on federal property with the District and adjust it as desired, as mentioned in the previous item. The current route was chosen for minimal length of the transmission line. j. Noted. As we coordinate review of the detailed drawings, the District can advise of any extraordinary security requirements. Most of the plant facilities will be within the intake tower area, which is normally secure. k. Noted. This document is critical and will need to be revised as situations warrant. We expect to begin drafting the document based on agreements at other sites. We will obtain a copy of the Colebrook agreement, which will probably be helpful. We appreciate the District's cooperative attitude and believe that this will be a very successful project and will not cause any significant interference or impact on the present operation of Jordan Dam. United States Department of the Interior FISH AND WILDLIFE SERVICE Raleigh Field Office Post Office Box 33726 Raleigh, North Carolina 27636-3726 September 19, 2006 Mr. Dean Edwards, Manager, Mayo Hydropower Hydro Matrix Partnership Ltd. P.O. Box 5550 Aiken, SC 29804 Re: Jordan Hydroelectric Project, FERC No. P-11437 Dear Mr. Edwards, The U.S. Fish and Wildlife Service (Service) has received your Application for Amendment of License for the Jordan Dam Hydroelectric Project (FERC No. P-11437) dated July 21, 2006. The Service has only received your application within the past few days due to mailing errors and some confusion of which Jordan Project is involved. We understand your proposal is for the B. Everett Jordan Dam operated by the U.S. Army Corps of Engineers in Chatham County, North Carolina. We have spoken with you on the telephone regarding the project and your desire to receive comments from the Service prior to your submittal of the application to FERC. We are providing only cursory comments at this time in order to accommodate the completion of your FERC package during this week. Our comments are provided to you in accordance with provisions of the Fish and Wildlife Coordination Act (48 Stat. 401, as amended, 16 U.S.C. 661-667d), the Endangered Species Act of 1973, as amended, (16 U.S.C. 1531 et. seq.), the Federal Power Act (FPA), as amended (16 U.S.C. 791a-825r), and the Energy Policy Act of 2005. After a quick review of your proposed amendment and the response from the North Carolina Division of Water Resources, we have no additional comments at this time. The Service supports the recommendations made by the State of North Carolina. Water quality monitoring during the first two years of operation may be needed to determine that the proposed operations do not adversely affect water quality or violate state water quality standards. The Service anticipates further review of the proposed project upon notice from FERC in which we may offer additional comments at that time. The Service appreciates the opportunity to review the proposed license amendment. If you have additional questions or comments please contact Mr. Mark D Bowers of my staff at (919) 856-4520 or at the above address. Sincerely, Pete Benjamin, Field Supervisor cc: NCDWR, Fred Tarver NCWRC, Todd Ewing Response to U.S. Fish and Wildlife Service Letter of Sept. 19, 2006 We appreciate these comments from U.S. F&WS. We have contacted NC DENR, DWQ about monitoring on the river downstream of the Project and arranged to do so. The Service stated that their comments on the license application applied at this time. Kz?/_11 North Carolina Wildlife Resources Commission 9 Richard B. Hamilton, Executive Director 7 September 2006 Dean Edwards, (Agent) Mayo Hydro, Inc 5400 Downing Street Dover, FL 33527 Hydro Matrix Partnership, Ltd. (Licensee) PO Box 5550 Aiken, SC 29804 Subject: Comments, Non-Capacity Amendment Jordan Hydroelectric Project, FERC Project P-11437 Dear Mr. Edwards: Biologists with the North Carolina Wildlife Resources Commission (NCWRC) have reviewed the Non-Capacity Amendment request issued under a cover letter dated 21 July 2006 for the referenced project. The NCWRC is authorized to comment and make recommendations regarding impacts on wildlife and fisheries resources in accordance with provisions of the Federal Power Act (16 U.S.C. 791a-825r) and the Fish and Wildlife Coordination Act (48 Stat. 401, as amended; 16 U.S.C. 661 et seq.). The intake should be designed such that fish impingement and entrainment are minimized. The licensee states that the trash rack will have a spacing of 1.25 inches and approach velocities, will be less than 1.5 feet per second. These measures should be sufficient to minimize impingement and entrainment. However, should impingement and entrainment prove to be a major issue, the licensee should be prepared to correct the problem or mitigate for loss of fish. If there is any land disturbing activity during the construction phase of the project, care should be taken so as to minimize the amount of sediment entering the Jordan Reservoir or the tailwater area. Also, if lake levels need to be lowered to accommodate construction of the project, the licensee should avoid doing so from during 1 April to 1 June to minimize impacts to spawning fish and to the survivability of young fish. Mailing Address: Division of Inland Fisheries • 1721 Mail Service Center • Raleigh, NC 27699-1721 Telephone: (919) 707-0224 • Fax: (919) 707-0228 PAGE 2 7 September 2006 With these considerations in mind, NCWRC does not object to the license amendment as proposed. We appreciate the opportunity to comment on this project. Should you have any questions, please contact me at (336)625-5257 or at todd.ewing@ncwildlife.org. Sincerely lawq T Todd D. Ewing Eastern Hydropower Coordinator Response to NC Wildlife Resources Commission letter of Sept. 7, 2006 The licensee appreciates theses comments regarding the effectiveness of the trash rack that is designed to keep fish out of the turbine intake. We expect it to be quite effective and in fact are designing the trash rack with margin to ensure that velocities in front of these narrow bar spacings will be small. The trash rack design and effectiveness will be reviewed by the agencies as required in license articles 402 and 403. There will be no land disturbing activities that could release sediment into the Haw River. No lowering of the lake level for installation of equipment is anticipated, but if such action is considered, the licensee will do so within the time constraints indicated by NC WRC to avoid impacting spawning fish. Alj?lt'Al NCDENR North Carolina Department of Environment and Division of Water Resources Michael F. Easley, Governor September 1, 2006 Mr. Dean Edwards (Agent) Mayo Hydro, Inc. 5400 Downing Street Dover, FL 33527 Hydro Matrix Partnership, Ltd. (Licensee) P.O. Box 5550 Aiken, SC 29804 Subject: Jordan Hydroelectric Project (FERC No. P-11437NC) Non-capacity License Amendment Sirs: Natural Resources William G. Ross Jr., Secretary John Morns, Director The North Carolina Division of Water Resources (DWR) is providing the following comments in response to your letter of July 21, 2006, soliciting comments for inclusion in the application for a non- capacity amendment of the license for the Jordan Hydroelectric Project, located in Chatham County, North Carolina, on the Haw River at B. Everett Jordan Dam and Reservoir, a U.S. Army Corps of Engineers (USACE) flood control, water supply, water quality, recreation, and fish and wildlife conservation project. Project Operations The project description does not mention any sensing devices (e.g., float or pressure sensors) that would be incorporated into an automatically operating project. Exhibit B states that the project will operate semi-automatically. However, it also states that a module spill gate will be automatically adjusted to maintain the specified flow rate of surface water. • For clarity, please specify those operations or adjustments that are truly automatic versus those that require the presence of the attending operator. • What gage mechanism will the operator use to determine compliance with the Corps-specified flow rate? • DWR recommends that the licensee be required to develop a plan in consultation with the USACE that includes a process and mechanism for USACE staff to assume control of operations-both remote and on-site-when emergency conditions or other circumstances 1611 Mail Service Center, Raleigh, North Carolina 27699-1611 One Phone: 919-733-40641 FAX: 919-733-35581 Internet: www,ncwater.org NorthCarolina An Equal Opportunity 1 Affirmative Action Employer - 50 % Recycled 110 % Post Consumer Paper yaturalltY Dean Edwards September 1, 2006 Jordan Hydro License Amendment Comments (FERC#P-11437NC) require direct USACE control to maintain critical functions of B. Everett Jordan Dam and Reservoir. Water Releases The license amendment application states that there will be "no changes in how the water releases are made from the reservoir." The USACE's B. Everett Jordan Project Water Control Manual states that "November 15 through April 30 when the lake is practically isothermal, water may be released from any intake gate, but preferably through the emergency gates."' • The current license amendment application states that all water that passes through the turbines will be from the surface of the reservoir. Therefore, it appears that, although there may not be a change in how releases are made, there may be a conflict with the USACE's preferred elevation for releases between November 15 and April 30. The Federal Energy Regulatory Commission's final environmental assessment for the project states the following: "We recommend that Hydro Matrix be required, as a condition of any license issued, to develop in consultation with the Corps and the North Carolina [DENR] a plan to install, operate and maintain the proposed inflatable bladders or an equivalent system to maintain the Corps' discharge regime in order to protect water quality and flows in the Haw and Cape Fear Rivers." 2 • DWR assumes that the proposal contained within the current license amendment application constitutes the "equivalent system" to replace the proposed inflatable bladder. DWR does not object to the license amendment as proposed as long as the proposed project's operation does not prevent the USACE from achieving its management goals as specified in Hydro Matrix's license Articles 305 and 401 and the B. Everett Jordan Project Water Control Manual. Thank you for the opportunity to comment. If you have questions or require additional information or clarification to anything discussed above, please feel free to contact me by phone, 919/715-5442, or email, fred.tarver@ncmail.net. Sin rely, Fred T ,rver Environmental Specialist cc: Cyndi Karoly, NCDWQ-401 Todd Ewing, NCWRC Mark Bowers, USFWS Tony Young, USACE ' http://epec.saw.usace.army.miI/jwcplan.txt 2 79 FERC % 62,213 Response to NC Department of Environment and Natural Resources letter of Sept. 1, 2006 We appreciate the comments of NC DEN-R. The exact sensors used to monitor important functions during generation will be determined during final design. There will probably be water level sensors to indicate lake level; there will certainly be sensors to indicate equipment status, gate status, flow through the turbines and power level. As noted, the spill gate will be used to maintain flow from the dam in the rare event of a turbine shutdown. The spill gate will open automatically to continue to pass the same flow that was going through the turbine in each module. The operation, subject to approval of the Corps of Engineers, will be automated to a large degree, allowing automatic shutdown, throttling of the turbines and probably automatic synchronization and start up. An operator will be present for some time most of days of operation; the operator will always be on call to intervene when operation of the plant requires manual control. The operator will be able to determine the flow through the turbine using wicket gate opening and lake level. However, the gage downstream should be used as necessary to confirm flow through the dam during generation. The Corps will determine what flows can be used for power and will be able to monitor compliance with that release just as they do now for operation of the dam. The licensee will enter an operating agreement with the Corps that will describe in detail normal and emergency operating conditions and responsibilities. This agreement will determine what operations are allowed and how they are controlled. It is required in the license in Article 305. During the winter, the licensee will continue to take water from the upper part of the lake through the generation module, but because the lake is isothermal at that time, the level of withdrawal does not matter in determining water quality downsteam. The continued withdrawal through the trash rack will maintain the protection it affords fish to avoid entering the turbines; this action will prevent fish from leaving the lake and passing into the river. The inflatable bladders will not be used in the proposed amendment. Their only function was to keep flow from entering the turbines from the lower part of the reservoir during the summer, when the lake is stratified. The generation module used in the amendment has a continuous passage from the upper part of the lake to withdraw water from near the surface to the turbine. The vertical arrangement of the turbines allows water to flow directly into the turbines from near the surface of the lake. The generation module will duplicate the withdrawal level achieved by the six upper water quality gates that the Corps uses to pass water from the lake into the intake tower. Article 305 requires an operating agreement with the Corps, which will be negotiated within the next few months. Article 401 requires run-of-river operation, in other words no change in flows presently released by the Corps. The project will comply with both those license articles. t.srw?col e ?? aWw North Carolina Department of Cultural Resources State Historic Preservation Office Peter B. Sandbeck, Administrator Michael F. Easley, Governor Lisbeth C. E'Vans, Secretary Jeffrey J. Crow, Deputy Secretary April 6, 2006 Office of Archives and History Division of Historical Resources David Brook, Director Dean Edwards Hydro Matrix Partnership, Ltd. 5400 Downing Street Dover, FL 33527 Re: Amendment for Jordan Hydroelectric Project, P-11437, Chatham County, ER 06-0743 Dear Mr. Edwards: Thank you for your letter of March 3, 2006, concerning the above project. We have conducted a review of the project and are aware of no historic resources that would be affected by the project. Therefore, we have no comment on the project as proposed.. , The above comments are made pursuant to Section 106 of the National Historic Preservation Act and the Advisory Council on Historic Preservation's Regulations for Compliance with Section 106 codified- at 36 CFR Part 800. Thank you for your cooperation and consideration. If you have questions concerning the above comment, please contact Renee Gledhill-Earley, environmental review coordinator, at 919/733-4763. In all future communication concerning this project, please cite the above-referenced tracking number. Sincerely, eter Sandbeck Uc: County Location Mailing Address Telephone/Fax 8653 ADMINISTRATION 507 N. Blount Street, Ralcigh NC 4617 Mail Senwe Center, Raleigh NC 27691,W17 (919)733-4763/73-3- RESTORATION 515 N. Blount Street, Raleigh NC 4617 Mail Scmcc Center, Raleigh NC 276914617 ()19)7316547/715-4801 SURVEY & PLANNING 5 15 N. Blount Street, Raleigh, NC 4617 Mal Sen icc Center, Raleigh NC 2769'14617 (919)733-6545/715-4801 Response to NC Department of Cultural Resources of April 6, 2006 After reviewing the amendment application, NC DCR concluded that this amendment was no different from their point of view than the earlier amendment sent for review in March. Their comments indicate no conflict with known archaeological sites. Cindi Karoly Division of Water Quality 2321 Crabtree Blvd. Raleigh, NC 27604 September 12, 2006 RE: 401 certification on the Jordan Hydroelectric project Dear Ms. Karoly, Hydro Matrix Partnership requests a modification of the 401 certification that was issued on 4/9/96 to add the requirement that we make daily D/O measurements from May 1 st, to October 30th of the water discharged from the project to assure it meets or exceeds state standards. The standard for all waters in the Cape Fear River basin, except for waters supplementally classified as swamp waters, is 5.0 mg/1(daily average with instantaneous measurements not to fall below 4.0 mg/1). Reports will be made to DWQ quarterly. If after one year of monitoring the D/O is consistently above state requirements than monitoring may be discontinued. Todd Tugwell with the Army Corp of Engineers in Raleigh determined that there is no need for a 404 permit. However, we do need 401 certification for our FERC license. This will require an individual 401 certificate. Also, you informed us that since there is no dredging or filling that there would be no fee for this application. Please to not hesitate to contact me or Dean Edwards if you have any questions or if there is any fee required to issue this modified 401 certificate. Sincerely, Jim Price Attachments: Copy of existing 401 certification Map of area Description of project including drawings dSN HotrnA - f1'tSr1? Ho#mall® jordanhydro@hotmail.com http://by 116fd.bay l 16.hotmail.msn.com/cgi-bin/getmsg?curmbox=0... Printed: Friday, September 15, 2006 3:45 PM From : Heck, Charles <charles.beck@dhs.gov> Seat : Tuesday, August 1, 2006 9:13 AM To : <jordanhydro@hotmall.com> CC : "Rountree, Mary" <mary.rountree@dhs.gov>, "Inmula, Prasad" <prasad.inmula@dhs.gov> Subject 3ordan Hydroelectric Project, P-11437 Dean Edwards: Thank you for informing us of the above project and seeking our comment. We understand that, although Hydro Matrix Partnership, Ltd. proposes to reduce flow through the turbines, the water's flow volume and path through the facility will not change. Based on this, FEMA Region IV has no comment on this proposal. Charles Beck Environmental Specialist of 1 9/15/2006 3:45 PM Example of Letter sent to Aeencies on July 21, 2006 July 21, 2006 State Historic Preservation Office Division of Archives and History 4610 Mail Service Center Raleigh, NC 276994610 Request for comments Non-Capacity Amendment for the Jordan Hydroelectric Project, P-11437 Attached is a copy of an amendment to the existing license for the Jordan Hydroelectric Project, FERC P-11437. This proposed amendment of the license substitutes 2 large turbines for 80 small turbines and generators, decreases the project capacity from 8 MW to 4.8 MW and decreases the hydraulic capacity from 2320 cfs to 1700 cfs. This is a different amendment than the one sent out on March 3, 2006. The number of units and capacity are changed to allow us to place conventional turbines and generators in the same place that that the 80 small turbines were to be installed. The trash rack design and size will remain the same as in the license with 1.25 inches between the bars maximum spacing and a maximum approach velocity less than 1.5 feet per second. While the flow rate through the turbines is reduced from 2320 cfs to 1700 CFS, each of the two generation modules have a spill gate installed which will allow the project to pass 2320 cfs total through the trash racks into the dams discharge conduit. Therefore there is no change in flow volume, DO level or path from the project as licensed. There is an adjustable intake channel so that flows from 0 to 2320 cfs will always be drawn from the surface of Jordan reservoir. There are two known endangered species near the project (Bald eagle and Red cockaded woodpecker). The current license article (attached) requires a survey. Please let us know if you feel that additional consultation is needed, or if you feel that the current license articles are not sufficient. While the trashrack size, location, intake velocity and bar spacing are exactly the same as that which was licensed we would be interested in any input in ways to improve the trash rack to reduce impact on the fishery. The planned amendment does not change the route of the transmission line. There will be no change in impact to fish with this new project design. Any areas that will be disturbed in the construction of this power project were already disturbed when the dam was built. If you need to see the original license please email me and I will send it to you. The Federal Energy Regulatory Commission (FERC) rules state that we must send you a copy of the draft amendment and request your comments. I would appreciate a response within 30 days as time is of the essence but you have 60 days to answer this request for comments. Please make your response in writing, by mail, by fax or by e-mail to me at the address above. At the end of the 60 day period I will add all the comments that I have received to the amendment application and submit it to the FERC. Please call if there are any questions. Yours truly, Dean Edwards, Agent for Hydro Matrix Partnership, Ltd. License article pertaining to the protection of the red-cockaded woodpecker: Article 405. At least 180 days before the start of any land disturbing or land clearing activities at the Jordan Dam Project, the licensee shall file for Commission approval, after consultation with the U.S. Fish and Wildlife Service, the North Carolina Wildlife Resources Commission, and the U.S. Army Corps of Engineers, a plan to protect the federally listed endangered red-cockaded woodpecker (Picoides borealis) and its habitat. The plan shall include, but not be limited to, the results of a preconstruction survey for the red- cockaded woodpecker and nesting habitat conducted by a professional wildlife biologist, and include all areas to be disturbed by development of the project and transmission line. Addresses of Agencies Contacted List of agencies to whom the Jordan draft amendment application was sent on July 21, 2006. U.S Army Corps of Engineers Wilmington District, Regulatory Branch/ Permits Attn: George A. Piner P.O. Box 1890 Wilmington, NC 28402-1890 U.S. Fish and Wildlife Service Regional Office 1875 Century Boulevard Atlanta, GA 30345 U.S. Fish and Wildlife Service Raleigh Field Office Attn: Mark Bowers (919 856 4520) P.O. Box 33726 Raleigh, NC 27636-3726 NOAA Fisheries Southeast Region Prescott Brownell 216 Fort Johnson Road Charleston, SC 29412-9110 Environmental Protection Agency Regional Office Atlanta Federal Center 61 Forsyth Street, SW Atanta, GA 30303-3104 Federal Emergency Management Agency Regional Office 3003 Chamblee Tucker Road Atlanta, GA 30341 Advisory Council on Historic Preservation Eastern Office of Project Review 1100 Pennslvania Ave., NW Washington, DC 20004 North Carolina Wildlife Resources Commission Division of Inland Fisheries Attn: Todd Ewing (336 625 5257) 1721 Mail Service Center 512 North Salisbury Street Raleigh, NC 27699-1721 North Carolina Department of Environment and Natural Resources General Office 1601 Mail Service Center Raleigh, NC 27699-1601 State of North Carolina Department of Environment, Health, and Natural Resources Division of Water Resources Attn: Fred Tarver (919 715 5442) 1611 Mail Service Center P.O. Box 27687 Raleigh, NC 27699-1611 North Carolina Department of Environment Division of Water Quality 1617 Mail Service Center Raleigh, NC 27699-1617 North Carolina Division of Water Quality Attn: Cindi Karoly 2321 Crabtree Boulevard, Suite 250 Raleigh, NC 27604 919 733 9721 North Carolina Department of Environment Environmental Management Commission 1617 Mail Service Center Raleigh, NC 27699-1617 North Carolina Department of Culture Resources State Historic Preservation Office Office of Archives and History Attn: Renee Gladhill-Earley (919 733 4763) 4617 Mail Service Center Raleigh, NC 27699-4617 Telephone Call Log of Agency Contacts Corps of Engineers contacts 8/18/06 Called Allen Piner USACE requesting a meeting on 8/25/06 in Wilmington 8/25/06 Had meeting with USACE personnel at district office in Wilmington. See meeting notes. 8/29/06 Called Ralph Duckson USACE requesting a meeting on 9/6/06 at Jordan dam with operations personnel 9/ 1 /06 Received email from Allen Piner with requested information 9/5/06 Called Ralph Duckson USACE to confirm meeting on 9/6/06 9/6/06 Had meeting at Dam. See meeting notes. 9/12/06 Talked with Allen Piner regarding existing D/O mesuring being done downstream. He stated that the Corps measured DO downstream from the dam for several years just after the dam was filled. Since the DO was consistantly above State standards they discontiued the monitoring. He sent me an email with the url of a DO monitoring station in the Wilmington District. NC DENR Comments and 401 WQC and Corps of Engineers 404 Permit 8/15/06 Called Ian McMillan requesting information on our 401 water quality certification. He refered me to Todd Tugwell at the USACE regulatory office in Raleigh. 8/15/06 Called Todd Tugwell at USACE regulatory office in Raleigh. He requested a copy of our amendment application. I e-mailed him a copy. 8/25/06 Todd Tugwell was on a phone link during the meeting at the Corps District in Willmington. He asked a few questions regarding the project and then told us that he felt that the impact was so minimal that no 404 permit would be needed. He told us that he had comunicated with Cindy Karoli at NC DENR/ 401 section. 8/30/06 Called Cindi Karoli at NC DENR, DWQ, 401 section, and we talked about the existing 401 certification. She expressed interest in reviewing the existing 401 certification. 9/12/06 Called Cindi Karoli at NC DENR 401 section, and we discussed the lack of DO monitoring in the existing water quality certificate. It was decided that we would submit an application requesting that a DO monitoring clause be added to our 401 water quality certificate. 9/18/06 We submitted an application requesting a modification to our 401 certification to show a requirement for DO monitoring downstream from the project. Contact with NC WRC, U.S. F&WS, NC DENR, Div. Of Water Resources 8/30/06 Called Todd Ewing with NC Wildlife Resources Commission, left voice mail Called Fred Tarver NC Dept. of Envinronment and Natual Resources, Division of Water Resources, left voice mail. 8/31/06 Fred Tarver returned call said he was working on comments and would send them out on 9/1 8/31/06 Left a voice mail at Atlanta office of US fish and Wildlife office. 9/5/06 Todd Ewing called. We talked about trash racks, flow path. He asked if the Corps would regulate flow and I told him yes. Said he would send us comments in a week. 9/15/06 Called Atlanta office of US fish and Wildlife office. Office told me to talk to John Ellis at their office in Raleigh. Called Mr. Ellis and left a voice mail. Obtained his email address and sent him a copy of license amendment 9/19/06 Mr Mark Bowers called saying that Mr Ellis had sent him my email. He had not received the paper copy of the license amendment but would respond to the emailed copy. He emailed me his comments on 9/19. • - r ? r-- _.. E,9 Office Use Only: USACE Action ID No. (If any partici item is not applicable to Form Version March 05 No. y J C ? Lv - ID2,31 project, please enter "Not Applicable" or "N/A".) I. Processing 1. Check all of the approval(s) requested for this project: ? Section 404 Permit ? Riparian or Watershed Buffer Rules ? Section 10 Permit ? Isolated Wetland Permit from DWQ X 401 Water Quality Certification ? Express 401 Water Quality Certification 2. Nationwide, Regional or General Permit Number(s) Requested: Nationwide 3. If this notification is solely a courtesy copy because written approval for the 401 Certification is not required, check here: ? 4. If payment into the North Carolina Ecosystem Enhancement Program (NCEEP) is proposed for mitigation of impacts, attach the acceptance letter from NCEEP, complete section VIII, and check here: ? 5. If your project is located in any of North Carolina's twenty coastal counties (listed on page 4), and the project is within a North Carolina Division of Coastal Management Area of Environmental Concern (see the top of page 2 for further details), check here: ? II. Applicant Information 1. Owner/Applicant Information 2006 Name: Hydro Matrix Limited Partnership Mailing Address: P.O. Box 5550, Aiken SC 29804 ` Telephone Number: 803 642-2749 Fax NumberPh. 803 642-5581 E-mail Address: jimpricehydro@bellsouth.net 2. Agent/Consultant Information (A signed and dated copy of the Agent Authorization letter must be attached if the Agent has signatory authority for the owner/applicant.) Name: Dean Edwards Company Affiliation: Mayo Hydropower Partner in Hydro Matrix Limited Partnership Mailing Address: 5400 Downing Street, Dover, Florida 33527 Telephone Number: 813 659-1007 Fax Number: 813 659-3014 E-mail Address: jordanhydro@hotmail.com Page 1 of 9 III. Project Information Attach a vicinity map clearly showing the location of the property with respect to local landmarks such as towns, rivers, and roads. Also provide a detailed site plan showing property boundaries and development plans in relation to surrounding properties. Both the vicinity map and site plan must include a scale and north arrow. The specific footprints of all buildings, impervious surfaces, or other facilities must be included. If possible, the maps and plans should include the appropriate USGS Topographic Quad Map and NRCS Soil Survey with the property boundaries outlined. Plan drawings, or other maps may be included at the applicant's discretion, so long as the property is clearly defined. For administrative and distribution purposes, the USACE requires information to be submitted on sheets no larger than 11 by 17-inch format; however, DWQ may accept paperwork of any size. DWQ prefers full-size construction drawings rather than a sequential sheet version of the full-size plans. If full-size plans are reduced to a small scale such that the final version is illegible, the applicant will be informed that the project has been placed on hold until decipherable maps are provided. 1. Name of project: Jordan Hydroelectric Project 2. T.I.P. Project Number or State Project Number (NCDOT Only): 3. Property Identification Number (Tax PIN): 9792 350720 4. Location County: Chatham Nearest Town: Moncure Subdivision name (include phase/lot number): Directions to site (include road numbers/names, landmarks, etc.): Located at the B. Everett Jordan Dam in Moncure, NC. From Raleigh, take US Hwy 1 South, or from Sanford take US 1 North. From US Hwy 1, take exit 79 Pittsboro/Moncure Road, go North on the Pittsboro/Moncure Road, then right on Jordan Dam Road. Jordan Dam is located at the end of the road. 5. Site coordinates (For linear projects, such as a road or utility line, attach a sheet that separately lists the coordinates for each crossing of a distinct waterbody.) Decimal Degrees (6 digits minimum): 35.6548 N 79.0685 W 6. Property size (acres): 2.77 acres 7. Name of nearest receiving body of water: Haw River 8. River Basin: Cane Fear index no 16437 5) 16-4143.5) (Note - this must be one of North Carolina's seventeen designated major river basins. The River Basin map is available at http•//h2o.enr.state.nc.us/admin/maps/.) 9. Describe the existing conditions on the site and general land use in the vicinity of the project at the time of this application: This project will be constructed on the Everett B. Jordan Dam on the Haw River. The dam is a earth fill dam that is operated by the US Army Corps Page 2 of 9 - of engineers The lake that the dam creates is Jordan Lake The project area is the top of the dam and the area around the intake tower which is just north of the dam. 10. Describe the overall project in detail, including the type of equipment to be used: The project will install two vertical prefabricated generation modules into existing stop log slots in the Corps existing intake structure. There will be no powerhouse, just a control building and substation that will be located on the intake tower on top of the dam. The generation modules will be constructed of steel and the turbines and generators will be installed on the modules. There will be no dredging or filling in the lake or river. 11. Explain the purpose of the proposed work: The project is designed to produce 18,000,000 kWh's of electrical energy per year. This will provide more than 2500 homes with renewable energy IV. Prior Project History if jurisdictional determinations and/or permits have been requested and/or obtained for this project (including all prior phases of the same subdivision) in the past, please explain. Include the USACE Action ID Number, DWQ Project Number, application date, and date permits and certifications were issued or withdrawn. Provide photocopies of previously issued permits, certifications or other useful information. Describe previously approved wetland, stream and buffer impacts, along with associated mitigation (where applicable). If this is a NCDOT project, list and describe permits issued for prior segments of the same T.I.P. project, along with construction schedules. Todd Tugwell with the Army Corps of Engineers indicates that a 404 permit is not needed. The North Carolina Division of Environmental Management issued a section 401 certification on April 9, 1996; see attached. There was no need for a 404 permit, so one was not issued. This application is requesting a modification to the previously issued 401 Water Quality Certification. The requested modification is explained in the cover letter and in Section XV below. V. Future Project Plans Are any future permit requests anticipated for this project? If so, describe the anticipated work, and provide justification for the exclusion of this work from the current application. There are no future permit requests anticipated for the project. Construction will commence prior to June of 2007 and will take three years to complete. VI. Proposed Impacts to Waters of the United States/Waters of the State It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to wetlands, open water, and stream channels associated with the project. Each impact must be listed separately in the tables below (e.g., culvert installation should be listed separately from riprap dissipater pads). Be sure to indicate if an impact is temporary. All proposed impacts, permanent and temporary, must be listed, and must be labeled and clearly identifiable on an accompanying site plan. All wetlands and waters, and all streams (intermittent and perennial) Page 3 of 9 should be shown on a delineation map, whether or not impacts are proposed to these systems. Wetland and stream evaluation and delineation forms should be included as appropriate. Photographs may be included at the applicant's discretion. If this proposed impact is strictly for wetland or stream mitigation, list and describe the impact in Section VIII below. If additional space is needed for listing or description, please attach a separate sheet. 1. Provide a written description of the proposed impacts: The installation of the generation modules will require some minor modifications to the intake tower. See attached description. Underwater sawing using a diamond wire saw will be used to remove two 11' by 11' segments of concrete from the intake tower. The water flow path and flow regimen will remain the same as it is now. The US Army Corps of Engineers will control the amount of water flowing through the project. There will be very minor impacts during construction and no impacts once construction is complete. 2. Individually list wetland impacts. Types of impacts include, but are not limited to mechanized clearing, grading, fill, excavation, flooding, ditching/drainage, etc. For dams, -l., 1;q+ ;mnonte A,,, .*,% tenth ctnintltre and flooding. JL+ LLL Wetland Impact Site Number (indicate on map) ype of Impact Type of Wetland (e.g., forested, marsh, herbaceous, bog, etc.) Located within 100-year Floodplain es/no Distance to Nearest Stream linear feet Area of Impact (acres) None None Total Wetland Impact (acres) o 3. List the total acreage (estimated) of all existing wetlands on the property: 0 acres 4. Individually list all intermittent and perennial stream impacts. Be sure to identify temporary impacts. Stream impacts include, but are not limited to placement of fill or culverts, dam construction, flooding, relocation, stabilization activities (e.g., cement walls, rip-rap, crib walls, gabions, etc.), excavation, ditching/straightening, etc. If stream relocation is proposed, plans and profiles showing the linear footprint for both the original and relocated streams m„et hs. ;nehvlPrl Tn enlenlate ncreaue_ multinly length X width. then divide by 43,560. Stream Impact' V Number indicate on ma ._ v Stream Name Type of Impact Perennial or Intermittent? Average Stream Width Before impact Impact Length linear feet Area of Impact acres None None None Page 4 of 9 Total stream impact (by length and acreage) 5. Individually list all open water impacts (including lakes, ponds, estuaries, sounds, Atlantic ocean and any other water of the U.S.). Open water impacts include, but are not limited to rlt ,..:,... A,.eA-__ 41nnA;no Ara;nnae hnikhea&-q_ etc. 1111, CiRI. Open Water Impact Site Number indicate on ma QVQl.IVll, Name of Waterbody (if applicable) Type of Impact YPe Type of Waterbody lake, pond, estuary, sound, bay, ocean, etc. Area of Impact acres None None None Total Open Water Impact (acres) 6. List the ,tat;v,- ;mpact to all Waters of the U.S. resulting from the project: ,,....a........ Stream impact (acres): 0 Wetland impact (acres : 0 Open Water Impact (acres): 0 Total Impact to Waters of the U.S. (acres) 0 Total Stream Impact (linear feet): 0 7. Isolated Waters Do any isolated waters exist on the property? ® No Describe all impacts to isolated waters, and include the type of water (wetland or stream) and the size of the proposed impact (acres or linear feet). Please note that this section only applies to waters that have specifically been determined to be isolated by the USACE. There will be no impact to isolated waters by this project 8. Pond Creation If construction of a pond is proposed, associated wetland and stream impacts should be included above in the wetland and stream impact sections. Also, the proposed pond should be described here and illustrated on any maps included with this application. Pond to be created in (check all that apply): ? uplands ? stream ? wetlands Describe the method of construction (e.g., dam/embankment, excavation, installation of draw-down valve or spillway, etc.): Proposed use or purpose of pond (e.g., livestock watering, irrigation, aesthetic, trout pond, local stormwater requirement, etc.): Current land use in the vicinity of the pond: Size of watershed draining to pond: Expected pond surface area: No pond will be constructed. VII. Impact Justification (Avoidance and Minimization) Page 5 of 9 Specifically describe measures taken to avoid the proposed impacts. It may be useful to provide information related to site constraints such as topography, building ordinances, accessibility, and financial viability of the project. The applicant may attach drawings of alternative, lower-impact site layouts, and explain why these design options were not feasible. Also discuss how impacts were minimized once the desired site plan was developed. If applicable, discuss construction techniques to be followed during construction to reduce impacts. There are no impacts on the Haw River, Jordan Lake or any wetlands. This hydropower project was designed to avoid impacts by there being no cofferdams, no dredging and filling, no pouring of concrete in or near the water. The project will be developed in such a way to prevent any debris from entering the water. Every day debris created on site will be disposed of properly. No change in flow, termperature or lake level of withdrawal will be required during construction or operation. VIII. Mitigation DWQ - In accordance with 15A NCAC 2H .0500, mitigation may be required by the NC Division of Water Quality for projects involving greater than or equal to one acre of impacts to freshwater wetlands or greater than or equal to 150 linear feet of total impacts to perennial streams. USACE - In accordance with the Final Notice of Issuance and Modification of Nationwide Permits, published in the Federal Register on January 15, 2002, mitigation will be required when necessary to ensure that adverse effects to the aquatic environment are minimal. Factors including size and type of proposed impact and function and relative value of the impacted aquatic resource will be considered in determining acceptability of appropriate and practicable mitigation as proposed. Examples of mitigation that may be appropriate and practicable include, but are not limited to: reducing the size of the project; establishing and maintaining wetland and/or upland vegetated buffers to protect open waters such as streams; and replacing losses of aquatic resource functions and values by creating, restoring, enhancing, or preserving similar functions and values, preferable in the same watershed. If mitigation is required for this project, a copy of the mitigation plan must be attached in order for USACE or DWQ to consider the application complete for processing. Any application lacking a required mitigation plan or NCEEP concurrence shall be placed on hold as incomplete. An applicant may also choose to review the current guidelines for stream restoration in DWQ's Draft Technical Guide for Stream Work in North Carolina, available at http://h2o.enr.state.nc.us/ncwetlands/strmgide.html. 1. Provide a brief description of the proposed mitigation plan. The description should provide as much information as possible, including, but not limited to: site location (attach directions and/or map, if offsite), affected stream and river basin, type and amount (acreage/linear feet) of mitigation proposed (restoration, enhancement, creation, or preservation), a plan view, preservation mechanism (e.g., deed restrictions, conservation easement, etc.), and a description of the current site conditions and proposed method of construction. Please attach a separate sheet if more space is needed. Page 6 of 9 There are no impacts to wetlands or the river, because flow and level of withdrawal from the lake will not change so there is no need for mitigation. 2. Mitigation may also be made by payment into the North Carolina Ecosystem Enhancement Program (NCEEP). Please note it is the applicant's responsibility to contact the NCEEP at (919) 715-0476 to determine availability, and written approval from the NCEEP indicating that they are will to accept payment for the mitigation must be attached to this form. For additional information regarding the application process for the NCEEP, check the NCEEP website at http://h2o.enr.state.nc.us/wm/index.htm. If use of the NCEEP is proposed, please check the appropriate box on page five and provide the following information: Amount of stream mitigation requested (linear feet): 0 Amount of buffer mitigation requested (square feet): 0 Amount of Riparian wetland mitigation requested (acres): 0 Amount of Non-riparian wetland mitigation requested (acres): 0 Amount of Coastal wetland mitigation requested (acres): 0 IX. Environmental Documentation (required by DWQ) 1. Does the project involve an expenditure of public (federal/state/local) funds or the use of public (federal/state) land? Yes 0 It uses federal lands with no expenditure of federal funds. 2. If yes, does the project require preparation of an environmental document pursuant to the requirements of the National or North Carolina Environmental Policy Act (NEPA/SEPA)? Note: If you are not sure whether a NEPA/SEPA document is required, call the SEPA coordinator at (919) 733-5083 to review current thresholds for environmental documentation. No 3. If yes, has the document review been finalized by the State Clearinghouse? If so, please attach a copy of the NEPA or SEPA final approval letter. Yes ? No ? X. Proposed Impacts on Riparian and Watershed Buffers (required by DWQ) It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to required state and local buffers associated with the project. The applicant must also provide justification for these impacts in Section VII above. All proposed impacts must be listed herein, and must be clearly identifiable on the accompanying site plan. All buffers must be shown on a map, whether or not impacts are proposed to the buffers. Correspondence from the DWQ Regional Office may be included as appropriate. Photographs may also be included at the applicant's discretion. Page 7 of 9 1. Will the project impact protected riparian buffers identified within 15A NCAC 2B .0233 (Meuse), 15A NCAC 2B .0259 (Tar-Pamlico), 15A NCAC 02B .0243 (Catawba) 15A NCAC 2B .0250 (Randleman Rules and Water Supply Buffer Requirements), or other (please identify )? No] 2. If "yes", identify the square feet and acreage of impact to each zone of the riparian buffers. If buffer mitigation is required calculate the required amount of mitigation by applying the buffer multi liers. Zone* Impact uare feet Multiplier Required Mitigation 1 3 (2 for Catawba) 2 1.5 Total * Zone 1 extends out 30 feet perpendicular from the top of the near bank of channel; Zone 2 extends an additional 20 feet from the edge of Zone 1. 3. If buffer mitigation is required, please discuss what type of mitigation is proposed (i.e., Donation of Property, Riparian Buffer Restoration / Enhancement, or Payment into the Riparian Buffer Restoration Fund). Please attach all appropriate information as identified within 15A NCAC 2B .0242 or .0244, or .0260. No buffer mitigation is required XI. Stormwater (required by DWQ) Describe impervious acreage (existing and proposed) versus total acreage on the site. Discuss stormwater controls proposed in order to protect surface waters and wetlands downstream from the property. If percent impervious surface exceeds 20%, please provide calculations demonstrating total proposed impervious level. Total site area is 2.77 ac, Total impervious area is .05 ac. .022% of site is impervious. Since .022% is less than 20% there is no need for additional calculations. XII. Sewage Disposal (required by DWQ) Clearly detail the ultimate treatment methods and disposition (non-discharge or discharge) of wastewater generated from the proposed project, or available capacity of the subject facility. Any waste generated on site will be properly removed from the site and properly disposed. XIII. Violations (required by DWQ) Is this site in violation of DWQ Wetland Rules (15A NCAC 2H.0500) or any Buffer Rules? No W Is this an after-the-fact permit application? No M Page 8 of 9 XIV. Cumulative Impacts (required by DWQ) Will this project (based on past and reasonably anticipated future impacts) result in additional development, which could impact nearby downstream water quality? No Z If yes, please submit a qualitative or quantitative cumulative impact analysis in accordance with the most recent North Carolina Division of Water Quality policy posted on our website at http://h2o.enr.state.nc.us/ncwetlands. If no, please provide a short narrative description: This is the only planned hydro project on this part of the river. Small hydro projects can only be built at existing dams. XV. Other Circumstances (Optional): It is the applicant's responsibility to submit the application sufficiently in advance of desired construction dates to allow processing time for these permits. However, an applicant may choose to list constraints associated with construction or sequencing that may impose limits on work schedules (e.g., draw-down schedules for lakes, dates associated with Endangered and Threatened Species, accessibility problems, or other issues outside of the applicant's control). Hydro Matrix Partnership requests a modification of the 401 certification that was issued on 4/9/96 to add the requirement that during operation daily DO measurements from May 1 to October 30 be made of the water discharged from the Jordan Dam to assure that the discharge meets state standards The standard for all waters in the Cape Fear River basin except for waters supplementally classified as swamp waters is 4.0 mgA instantaneous with a daily average of 5.0 mg/1 Reports will be made to DWQ annually. If after one year of monitoring the DO is above state requirements then monitoring may be discontinued. /5" Applicant/Agent' gnature Date (Agent's signature is valid only if an authorization letter from the applicant is provided.) Page 9 of 9 vrvuvt. vv'vi.,>. -.7 -N .?--' ?-F-....F lllLII.11Y.hY?•tVklVWllVr.\.VIIL tIl llIL.QJ?)f lal-JJ.VVJYJ{7LIVll 0 }J .41 ?, ?i 1?ri ?l_' -. ?t' ?" •I ' ?; +'' _r- ??t? ? `I . ..l -- .? }} /(?' ! ?L , '? .•,,7?\ 1 fL, X, . 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Project Boundary Project Works on intake tower Monument ?., 400' x 300' Mectgd UlWt-SoUntitryi Taikace K aoo 0 -------------- Project Boundary ti Project Boundary TIGHT GENERATING 40DULE SHOWN IN 'ERVICING OR FLOOD ;ELEASE POSITION LEFT GENERATING MODULE SHOWN IN OPERATING POSITION MODULE FLOOD GATES SHOWN IN OPEN POSITION JORDAN HYDROELECTRIC PROJECT P-11437 j EXHIBIT F-1 3-13 PROJECT OVERVIEW I LZ Description of the Jordan Hydroelectric Project The planned Jordan Hydroelectric Project will be installed at B. Everett Jordan Dam on the Haw River near Moncure, NC in Chatham County. Each of the two turbine/generators will be installed in a generation module that will be placed in the existing stoplog slots in the existing intake tower, see Exhibit F-1. No construction of any sort on the intake tower is required for installation or removal of a turbine, although minor modifications to the intake tower structure are necessary. The modifications include the installation of a permanent hoist at the top of the tower for each module, a control center either on the existing intake tower or in a small adjacent control building to be constructed, and the installation of transformer and switchgear equipment on the intake tower. A 23 W transmission line will deliver the generation to the utility interconnection. This transmission line is a regular single wooden pole type line and will not disturb any wetlands. The route of the transmission line was reviewed in the Environmental Assessment performed by Federal Energy Regulatory Commission before issuing the license in 1997. The facility will have two vertical shaft turbines connected to generators. The generators will be located above the water level. Generator number one will be rated at 1700 kW and will be connected to a Francis or Kaplan turbine. Generator two will be rated at 3100 kW and will be connected to a Francis or Kaplan turbine. The combined total capacity of the two generators is 4.8 MW. Power will be transferred from each generator to the substation with a flexible cable to the top of the intake tower and then by conduit to the substation. At the substation, the voltage will be stepped up from 4,170 volts to 23 M Regarding compliance with present water quality actions at Jordan Dam, the hydropower modules will withdraw water from the same lake level as the water quality gates in the intake tower do presently. So all flow that passes into the turbines and into the intake tower for release into the dam tailrace will come from the same level in the lake as the water quality gates withdraw it presently. The same flows will be passed by the hydropower project, through the passages as explained below, as are presently released by the Corps of Engineers. So the hydropower operation of the project will withdraw water from the same lake level in the same amounts as is done presently. This is the withdrawal plan approved in the license and is designed to avoid any change in water quality downstream of the dam. Each generation module will consist of a fabricated steel frame that is designed to travel vertically in the existing stop log slots on the front of the intake tower. Each module is comprised of four separate sections that are bolted together once they are lifted into place. A hoist system will be installed on the top of the intake tower to raise and lower the generation module. Raising the modules will allow flood flows to pass through the emergency gates and also allow for maintenance of the module. The lower 49 feet of the frame of the module is covered with plate steel to form the channel carrying water to the turbine as well as forming the draft tube structure below the turbine. At the bottom of the generation module is the draft tube outlet into the conduit in the intake tower. The bottom of the module rests on the existing conduit intake floor at 150 feet MSL. Above the section that is covered with steel plate at 199 feet MSL, the framework is uncovered and this is where the water that has passed through the intake rack enters the intake channel. The framework continues up to the floor that supports the generator. This generator floor is at 225 feet MSL and is at the same level as the top of the trash racks. The overall dimensions of this framework are 11' wide by 11' deep by 75 feet high up to the generator floor level. A weather cover will be constructed on top of the generator floor to protect the generator from the elements and to ensure that noise from the generation equipment is minimal and not intrusive. The turbine will be attached to a mounting plate at the inlet to the draft tube. A steel shaft will be bolted to the output flange of the turbine runner and will transfer power to the generator. Flow though each turbine will be controlled by the turbine's wicket gates from idle to full output When flow through the turbine needs to be reduced or stopped, a small spill gate on the back side (downstream) of the intake channel will open into the conduit so to maintain the flow of surface water. When flows above the capacity of the turbines are required (1700 cfs) the spill gates on the back of the generation modules will open to maintain the flow of surface water up to a total flow rate of 2320 cfs. Flows in excess of 2320 cfs and less than about 7300 cfs will pass through the turbines or spill gates and the remainder will pass through through the Jordan Hydroelectric Project water quality gates in the intake bower. The water quality gates will be throttled, if necessary, to control the release through these gates. The emergency gates will be fully open to allow maximum release through the units. If the required flow rate is above that which the turbines, spill gates, and water quality gates combined can pass (7300 CFS) then one or both of the modules will be lifted out of the way to the top of the emergency intake so that full flow through one or both of the emergency gates can occur. A module can not generate when it is lifted. This will occur only 5% of the time. It will take less than 30 minutes to lift the bottom of each generation module from elevation 150 feet to elevation 199 feet MSL. Each module will move independently using its own hoist. The hoists will be driven by electric motors. A backup generator will be used to provide hoist power during an electrical outage. The power, monitoring and oontrol cables will pass from the module to the top of the intake tower via a folding cableway, which will not interfere with the lifting of the module. All control and monitoring cables will be routed to a control room on the intake tower or nearby. The power cable will be routed to a substation on the intake tower or the dam. Intake The intake tower is located upstream of the dam for releasing flows from the reservoir. Eight multilevel water quality intakes at elevations ranging from 181 feet to 209 feet and two main conduit intakes at the base of the intake tower are provided. The main intake passages are each 9 feet wide and 19 feet high at the emergency gates and are situated at the front of the tower with an invert elevation of 150 feetMSL. Each conduit bay (within the intake tower) has an emergency gate for blocking flow from the conduit intake and a service gate located downstream from the emergency gate for regulating releases. The eight multilevel intakes consist of two 6-foot square drop inlet intakes and two 8-foot square drop inlet intakes on the front and two 8-foot square drop inlet intakes on each side of the tower. The service gates control the rate of flow through the intakes. The multilevel intakes discharge water between the emergency gate and service gate of each of the two conduit bays. The project will use the existing stop log slots in the intake tower to install the two generation modules. The front of the intake tower has two large inlet gates, called emergency gates, which are used to pass flows in excess of the volume that can pass through the water quality gates that withdraw water from near the surface. The tower was designed with stop log slots in front of the emergency gates so that the area could be dewatered for maintenance. It is in these stop log slots that the proposed turbine generator modules will be installed. The two stoplog slots in the roof and the platform above the existing main intake debris rack will be enlarged to allow the modules to be lowered through the platform to the invert of the intake at elevation 150 feet MSL. This cutting will be done underwater. Each generation module will draw water from above the existing main platforms, which are at 199 feet MSL on the left side and 196 fleet MSL on the right side. A trash rack will be placed on these platforms and extend upwards to 225 feet MSL. All of these modifications are as described in the license. Trash rack and Level of Water Withdrawal There is no change from the project as licensed, regarding the trash rack or level of withdrawal from the lake through the intake channel. The trash rack will be designed to have an approach velocity of less than 1.5 feet per second and a space between bars of less than 1.25 inches. A channel will be located behind the trash rack so that water will be withdrawn at the same level as is currently being passed using the water quality gates in the intake tower. The top of this channel will be at elevation 211 feet MSL, which is the middle of the water quality gate with its invert at elevation 207 feet MSL. This gate is the preferred one for withdrawals when the lake is near conservation (normal) pool (216 ft. MSL). When the level of the reservoir is below normal pool, channel sections will be removed to withdraw water from a lower elevation. These levels of withdrawal were approved in the licensed project and duplicate the level of withdrawal available from the water quality gates. Jordan Hydroelectric Project Powerhouse No powerhouse will be built and no modification will be made to the existing superstructure of the dam. A control building will be attached to the existing intake tower or nearby. There will be no modifications to the conduit or outlet The generation module serves as the intake channel and the existing conduit serves at the tailrace. o du' Water that is discharged from a generation module will enter the existing conduit This 360 feet long water conduit is 16 feet 8 inches wide by 20 feet 10 inches high and carries water through the dam to the discharge chute, which is located on the downstream side of the dam. Due to the Buckhom dam that is located several miles downstream, approximately 8 feet of water depth always exists in this conduit This conduit will require no modifications. Tailrace The water as it exits the conduit enters the existing discharge chute. This discharge chute will require no modifications. Cofferdam No cofferdam will be required civil orks There will be no change to the civil works in the license. No civil works will be required for the project except for a transformer substation, a control building and a transmission line. The substation and control building will be installed on top of the intake tower or nearby on top of the dam. Transmission Line There has been no change in the transmission line from the licensed route. Substation Location and size of the substation are the same as in the license. The power generated at 4160 volts will be stepped up to 23,000 volts by an outside pad mount transformer on or near the intake tower. The location will be determined in consultation with the Army Corps of engineers. There will be a fence enclosure around the transformer substation. Maintaining flows during construction There will be no need at any time during construction to reduce or stop flows passing through the intake tower into the river below the dam for a substantial period of time. The U.S. Army Corps of Engineers will continue with normal operation of the dam during construction. Lands of the United States The project is on lands owned by the Federal Government and managed by the U.S. Army Corps of Engineers, Wilmington District. 3 Jordan Hydroelectric Project Roads There exist paved roads to all places needed for the construction and maintenance of this project No roads will need to be built or modified. The licensee will repair any damage to roads caused by construction. PROJECT BOUNDARY There is no change to the project boundary from that licensed. The B. Everett Jordan Hydroelectric project will operate in a run-of-river mode as required in the license and as directed by the Army Corps of Engineers. It will be capable of running unattended and will operate semi automatically. An operator will live nearby and when not at the plant the operator will be on call. Surveillance by the operator will ensure proper functioning of equipment and trash removal. There will be no change in operation during low (adverse), mean or high flow years. The project will use all flow above 40 cfs and below 1700 cfs, the maximum combined hydraulic capacity of the two turbines. When dam releases exceed 1700 cfs, the turbines will take as much water as they can pass; excess flow will be spilled through the spill gates in the generation modules, the water quality gates or through one passageway in the intake tower. All water that passes through the turbines will be from the surface of the reservoir at the same lake level as presently used and will pass through the trash rack, as approved in the license. Once this project is in operation the Corps will not control the rate of flow with the service gates in the bottom of the intake tower as they currently do. They will close all the water quality gates and fully open both of the service gates and both emergency gates. Water will then pass through the projects trash racks and into the power module, down the vertical channel and into the turbine. After the water has passed through the turbine, it enters the draft tube and is discharged into the existing conduit in the intake tower between the stop log slots and the emergency gates. The water then passes into the existing conduit though the open emergency and service gates and continues through the conduit to the discharge basin. At this point, the water reenters the Haw River downstream of the dam at the same location as it currently does. If one or both of the turbines are shut down, then the opening of the module spill gate will be automatically adjusted to maintain the specified flow rate of surface water for water quality purposes. A warning hom and light will be installed to warn persons near the outlet that the rate of flow in the river is changing. An automatic standby generator will be used to ensure the proper operation of the spill gates during a power outage. Dependable Capacity and Average Annual Ene[gy Production The average annual energy production for the proposed project is 20,600,000 kWh. EmemeMy operations As required in the license, an operating plan will be determined with the Corps of Engineers to ensure that operation of the existing dam is not altered in any unacceptable way. This plan will include emergency operating procedures. We will work with Corps personnel in developing a comprehensive emergency operation plan. PROJECT SCHEDULE It is expected that project construction including fabrication and installation will start in the second quarter of 2007. The goal is to get the first power module installed and producing power during the fall of 2007. Construction will be finished on both modules in the third quarter of 2008. 4 Jordan Hydroelectric Project Absence of Continuing Impacts The trash rack planned in this amendment application is the same as the planned trash rack in the licensed project. It should avoid or greatly minimize fish mortality from project operation from either impingement or entrainment. As there is currently no trash rack with small bar spacing installed on the intake flower, the proposed project and its trash rack could reduce the number of stocked fish in the reservoir that pass downstream. Because DO concentrations downstream are maintained and no temperature changes will result from the hydropower plants operation, there should be no impact on water quality or aquatic habitat. No endangered or threatened species would be affected by the project As required in the license, a survey will be made for red cockaded woodpeckers along the transmission line route. Existing Development and Land Use The use of Federal project lands and existing development are limited to the dam, related facilities, transmission line and the maintenance of these facilities. That use will not change under this proposed amendment ilin 14 06 10:10p _ Dean Edwards 336 427 2136 p.2 NOIt,rn CAROLINA Chatham County CRItTIFICA'TION tents of Section 401 '1 WS CER'OCATtON is issued in conforrtuty w the ?v North Carolina Division andsubjeM to the' Public Laws 92-500 turd 95-217 of the Una S StN?C 2H. Sec 7?t ds °96 of a, atham „i tal Niaaagemcnt Rc lScaf99 m fWed on PEA inCounty in your tF b< au? 5' 1 , k=) to rcerofit the Jordan La1, da m (with ft revi3i0M =tu4iscamod x for hydro power of file in W ft wag's The A)pPl °N;, a?ssuranm that tine Mvmt In (3m*mm Couaty will rtsok m with be Pt'oPo? dcve a jdGlirles. 1Iba?el'oc't. *W State Of Haw Rives in mo, Standards and dischar8 Su usable portions of SediQns 301. a viow o ib!t SW dw *a 4 ?`?` will n ot violate ft ?? Xication of North Carolina I cr 95-2]7 if conducted in aeco*dana with ft app 3 W, 303. 30f6 and condirims cI of "_ Wt y PL ffolth- Condidon(s) of Certi4" atian: as to ptuvent ?t in== L Tbac the activity be condMd itt such a ' disci arp (50 u>rbiduy of t}te of cona c U" on rclsocd EM; 2,5 I T'Us in Nvatcfs "y NTUs in streams and rivers not desi?esign tae ?d msuvoin, 10 Ni'Us in trout waters). all saltwater classes, and all lakes acid result in ravoeadm of this Cetrif ?• an oonditiM herein 3" fmffi shall orb an U ade atid? of V iolatioits of y mle" the above eonditi shy C,cpu+e upon 'this Cati,fication shtll ttOCO m null ?agedineant Act 'Permit. 'Kris Certification Ara tt c Fed" 4(>4 and/or coastal ;radar of the 404 or CAMA pernut. txp k to you have the tight to an adry'I]tta V on If this C n is unscccp? i of this Ccrt • Lowing pt Written tt qurst W" sixty (?) days f ,er i50B of the Noah C'.auolina C l wdmwdng to t3tapt P.O. Box 27447. Raki& N.G in the form of a wriuca with the off= of A?st?ve Hgrings, you hsvc she txgbtto an Statutes and fx jto upon Or?a written au. ;thin sixty (60) be ( mquest 27611-7447. If modi final and adjwicatory hewing an the mod s am made, this Cettitic••saoa shall receipt of the C,?ificatiom Unless such denr>an4 bh.wms• 'ibis the 9th day of April, 1996 VIRONMBN'PAy- MANA LMPN'T DIVISION OF EN tort . Yr. WQC 03059 SEP-5-2006 TUE 10:10 TEL:919733Ge93 NAME:DWQ-WETLANDS Jun 14 06 10:11p Dean Edwards 336 427 2136 p,3 DENT ID: ACTION ID: Nationwide Permit Requested (Provide Nationwide Permit #): ..- Y].D? ?1?'C' n/ti'' JOINT FORM FOR Nation-Aide permits that require notification to the Corps of Engineers Nationwide permits that )require application for Section 401 certification WILMINGTON DISTRICT ENGINEER CORPS OF ENGINEERS DEPARTNmEN-r OF T1F- ARMY P.O. Box 1890 Wilmington, NC 29402-1890 ATTN: CESAW-CO-E Telephone (919) 25114511 DIVISION 01' ENVIRONMENTAL MANAGEMENT NC DEPARTY-ENT OF ENVIRONMENT, HEALTH, AND NATURAL RESOURCES ENVIRONMENTAL SCIENCES BRANCH 4401 Reedy Creek Road Raleigh, N.C. 27607 A't 1'N : MR. J4t-1N DORNRY, Telephone (919) 733-1786 ONE (1) COPY OF THIS COMPLETED APPLICATION SHOULD BE SENT TO THE CORPS OF ENGRdEERS- SEVEN (7) COPIES SHOULD BE SENT TO THE N.C. DIVISION OF ENVIRONMENTAL MANAGEMENT. PLEASE PRIN7. 1. Owners Name: 2. Owners Addres 3. Owners Phonc Number (Home): 4. If Applicable: Agent's name or responsibl corporate ?OIYI?EPr l?• Yt?P', _ (Work): (.?} (0t o? ,W Y'2 l :l, address, phone number. .$ / C/10 L 5. Location of work (MUST ATTACH MAP). County. V Nearest Town or Ciry: M o)7 ? V r ° J Specific Location (Include road numbers, landmarks, etc.): 6. 7. Name of Closest StxnarrMver: River Basin: _ H, a W / C fir! l Is this project located in a watershed classified as Trout, SA, HQW, ORW, WS I, or WS II? YES [) NO 9. Have any Scction 404 permits been previously requested for use on this property? YES I ] NO W If yes, explain. 10. Estimated total number of acres of waters of the U.S., including wetlands, located on project sitc:_ 11. Number of acres of waters of the U.S., including wetlomds, impacted by the proposed project: 011- Fi.I.led: DTained: 0 Flooded: Excavated: Total Impacted: SEP-5-2006 TUE 10:10 TEL:9197336893 NAME:DWQ-WETLANDS P. Jun 14 06 10: l ip Dean rf.EEdwards 3136 427 /21,136 p.4 purpose of proposed 14. State reasons why the applicalt Uken to minir ze wetland impacu- SFWS) and/or National Marine Fisheries Service or critical 15. You are required to contact the U.F 7U and udarpt?po ?y°$endau?gcrcdorthreatenedspecit S NO [ l proposed project. Have You done Sol . YES (NMFS) regarding the presence or n affected listed habitat to the pernut area that may USFW S pNDlOR NMFS SHOULD BE FORWARDED TO CORPS. C resell" of histori) RESPONSES FROM THE _ re arding the p liav tate erected by the proposed Prof 5° y u done so" YES NO [ 16. You are required to contact the S properties in the Permit area which may fiD TO CORPS' RESPONSE 1~ROM THE SHPO SHOULD BE FORWARD / 17. Additional information r maaired showing by owin8 a DEM: all Wetlands, streams, and lakes on the property. ,?. A. Wetland delineation p wetlands to be impae? by proiWt- B. If available, representative photograph of C to the placement o the C. If delineation was performed by a consultant. include all data sheets relevant delineation line. stotrnwater management plan is required for this project. attach copy' I VIA X7. a v © Y E. What is land use of surrounding ne? of sewage disposal? F. If applicable, what is at 4t= O 's SignatSEP-TUE 19:10 TEL:9197336893 NAME:DWQ-WETLANDS P. 4 of cd work (Attach PLANS-8 1/2" X I V drawings only): ?e 2. DescriplionPropos . , t_ NORTH CAROLINA Chatham County CER'rIFICATION THIS CERTIFICATION is issued ui conformity with the requirements of Section 401 Public Laws 92-500 and 95-217 of the United States and subject to the North Carolina Division of Environmental Management Regulations ivt 15 NCAC 21-1, Section .0509 W Hydro Matrix Partnership in Chatham County pursuant to an application filed on the 7th dal0of March of 1996 (with the revisions as discussed in your 3 February 1996 letter) to retrofit the Jordan Lake dam for hydro power production. The Application provides adequate assurance that the discharge of fill material into the waters of Haw River in conjunction with the proposed development in Chatham County will not result in a violation of applicable Water Quality Standards and discharge guidelines. Therefore, the State of North Carolina certifies that this activity will not violate the applicable portions of Sections 301, 302, 303, 306, 307 of PL 92-500 and PL 95-217 if conducted in accordance with the application and conditions hereinafter set forth. Condition(s) of Certifk-,ation: That the activity be conducted in such a manner as to prevent significant increase in turbidity outside the area of construction or construction related discharge (50 NTUs in streams and rivers not designated as trout waters by DEM; 25 NTUs in all saltwater classes, and all lakes and reservoirs; 10 NTUs in trout waters). Violations of any coalition herein set forth shall result in revocation of this Certification. This Certification shall become null and void unless the above conditions are made conditions of the Federal 404 and/or coastal Area Management Act Permit. This Certification shall expire upon expiration of the 404 or CAMA permit. If this Certification is unacceptable to you have the right to an adjudicatory hearing upon written request within sixty (60) days following receipt of this Certification. This request must be in the form of a written petition conforming to Chapter 150B of the North Carolina General Statutes and filed with the Office of Administrative Hearings, P.O. Box 27447, Raleigh, N.C. 27611-7447. If modifications are made to an original Certification, you have the right to an adjudicatory hearing on the modifications upon written request within sixty (60) days following receipt of the Certification, Unless such demands are made, this Certification shall be final and binding. This the 9th day of April, 1996 DIVISION OF ENVIRONMENTAL MANAOL'MENT . Pr ton bod, Jr. WQC #3059