TENNESSEE’S FERC RELICENSING EXPERIENCE

TENNESSEE’S FERC RELICENSING EXPERIENCE

Daniel C. Eagar, ManagerDaniel C. Eagar, ManagerNatural Resources SectionNatural Resources Section

Division of Water Pollution ControlDivision of Water Pollution ControlTennessee Department of Environment and Tennessee Department of Environment and

ConservationConservation

Tapoco Hydroelectric ProjectAlcoa Power Generating Inc.

The Little Tennessee River Part of most biologically diverse river system in the nation

Diversity has been reduced by habitat fragmentation and elimination

Smoky madtom

Appalachian elktoe

Tellico Dam

Fontana Dam

UpstreamDownstream

LAND RESOURCE Tapoco includes more than 10,000 acres of land in Tennessee

Located between Cherokee National Forest and Great Smoky Mountains National Park

Extremely important for conservation of region’s biological diversity

THE PROCESS

Alternative licensing processAlternative licensing process Applicant Prepared Environmental AssessmentApplicant Prepared Environmental Assessment Participants involved in scoping for Participants involved in scoping for

Environmental Assessment and identification of Environmental Assessment and identification of technical studiestechnical studies

Establish protocol for meetings and negotiationsEstablish protocol for meetings and negotiations Work towards Agreement in Principle on various Work towards Agreement in Principle on various

subjectssubjects Develop final Project Settlement AgreementDevelop final Project Settlement Agreement

THE PARTICIPANTS (partial) Eastern Band of Cherokee IndiansEastern Band of Cherokee Indians Sierra ClubSierra Club Friends of Lake SanteetlahFriends of Lake Santeetlah National Park ServiceNational Park Service Tennessee Department of Tennessee Department of

EnvironmentEnvironment and Conservation and Conservation

Tennessee Wildlife Resources Tennessee Wildlife Resources AgencyAgency

The Nature ConservancyThe Nature Conservancy Tennessee Clean Water NetworkTennessee Clean Water Network NCDENR Parks and RecreationNCDENR Parks and Recreation NCDENR Division of Water NCDENR Division of Water

QualityQuality NCDENR Water ResourcesNCDENR Water Resources Town of SanteetlahTown of Santeetlah

Graham County, NCGraham County, NC Swain County, NCSwain County, NC American WhitewaterAmerican Whitewater American RiversAmerican Rivers US Fish and Wildlife ServiceUS Fish and Wildlife Service Western Carolina PaddlersWestern Carolina Paddlers US Forest ServiceUS Forest Service Bureau of Indian AffairsBureau of Indian Affairs APGI, TapocoAPGI, Tapoco Tennessee Valley AuthorityTennessee Valley Authority Nantahala Outdoor CenterNantahala Outdoor Center Town of RobbinsvilleTown of Robbinsville NC Wildlife Resources NC Wildlife Resources

CommissionCommission Friends of Lake SanteetlahFriends of Lake Santeetlah

SOME KEY ISSUES FOR TENNESSEE INTERESTS

Flow regime and water temperature dominated by Flow regime and water temperature dominated by Fontana Dam located upstreamFontana Dam located upstream

Tellico Reservoir has eliminated riverine habitat Tellico Reservoir has eliminated riverine habitat downstreamdownstream

Parts of Tapoco Project located within GSMNPParts of Tapoco Project located within GSMNP Calderwood Bypass assessed as impaired (303d)Calderwood Bypass assessed as impaired (303d)

PRIMARY TENNESSEE INTEREST GROUP GOALS Restore flows to Calderwood bypass to Restore flows to Calderwood bypass to

support cool/warm-water aquatic lifesupport cool/warm-water aquatic life Resolve GSMNP boundary issuesResolve GSMNP boundary issues Provide for long-term preservation of Provide for long-term preservation of

Tapoco non-project lands Tapoco non-project lands

CALDERWOOD DAM

Calderwood Bypass Flow Negotiation

Tennessee’s Water Quality Certification rules require that Tennessee’s Water Quality Certification rules require that activities result in “no net loss of water resource value”activities result in “no net loss of water resource value”

APGI’s opening position was “We propose to operate the APGI’s opening position was “We propose to operate the project the same way do now. Therefore, no net loss.”project the same way do now. Therefore, no net loss.”

TN advised that state law requires, in part, reclamation of TN advised that state law requires, in part, reclamation of polluted waterspolluted waters

State would recognize controlling influence of TVA’s State would recognize controlling influence of TVA’s Fontana Dam in establishing flow regime for bypassFontana Dam in establishing flow regime for bypass

Mitigate for unavoidable impacts by other measures (riparian Mitigate for unavoidable impacts by other measures (riparian and watershed land preservation)and watershed land preservation)

CALDERWOOD BYPASS FLOWS

Tested releases of Tested releases of various flows to various flows to determine thermal determine thermal effects (the higher the effects (the higher the flow the lower the flow the lower the temperature)temperature)

Allowed for seasonal Allowed for seasonal and inter-annual and inter-annual variationvariation

Established flow Established flow range between 25 and range between 25 and 65 cubic feet per 65 cubic feet per second (much lower second (much lower than normal flow of than normal flow of river)river)

RIPARIAN AND WATERSHED PRESERVATION

Permanent conservation easements on 5,691 acresPermanent conservation easements on 5,691 acres Term of license conservation easement on 3,974 Term of license conservation easement on 3,974

acresacres Permanent conservation easement on 200 foot Permanent conservation easement on 200 foot

riparian buffer on non-project lands totaling 182 riparian buffer on non-project lands totaling 182 acresacres

Annual funding of $100,000 for management of Annual funding of $100,000 for management of biological resources in project areabiological resources in project area

GSMNP BOUNDARY RESOLUTION

““Land swap” negotiated to cede inundated, Land swap” negotiated to cede inundated, park-owned lands to Tapoco in exchange park-owned lands to Tapoco in exchange for Tapoco-owned lands within park’s for Tapoco-owned lands within park’s legislated boundarylegislated boundary

Parties to agreement will work together to Parties to agreement will work together to seek congressionally legislated solution seek congressionally legislated solution which would streamline land transfer which would streamline land transfer processprocess

KEYS TO SUCCESS

Identify realistic goalsIdentify realistic goals Request or require studies that will inform Request or require studies that will inform

or drive decisionsor drive decisions Interest groups work together for desired Interest groups work together for desired

outcomeoutcome Focus on areas of agreementFocus on areas of agreement