1. State
   
   
   1. Dam Safety Permit:
      • administered by the N.C. Division of Land Resources;
      • includes minimum release;
      • jurisdictional if over 15 feet high, but not if licensed by Federal Energy Regulatory Commission (FERC).
      
      
   2. New public water supply or an expansion greater than 1.0 million gallons per day (mgd):
      • administered by the N.C. Division of Environmental Health, Public Water Supply Section;
      • Environmental Assessment (EA) and Finding Of No Significant Impact (FONSI ) required to construct;
      • studies and operating conditions can be required as part of EA and FONSI.
      
      
   3. Capacity Use Act (CUA):
      • the N.C. Environmental Management Commission (EMC) requests study in response to public or agency concerns;
      • N.C. Division of Water Resources conducts study;
      • public hearings are held;
      • EMC may designate capacity use area;
      • rulemaking for withdrawals over 100,000 gallons per day (gpd);
      • public hearings;
      • permits for withdrawals over 100,000 gpd.
      
      
   4. Certificate of Public Convenience and Necessity (CPCN):
      • administered by the N.C. Utilities Commission (NCUC);
      • required to construct hydroelectric generating plant [Note: A CPCN is not required for a nonutility-owned generating facility fueled by renewable energy resources under two megawatts in capacity.];
      • N.C. Department of Environment and Natural Resources (DENR) uses CPCN if project is not jurisdictional under FERC;
      • DENR can file complaint and request hearing if operation of proposed project is not acceptable;
      • DENR and applicant propose conditions and NCUC decides what to approve.
   
   
2. State and Federal
   
   
   5. 401 and 404 Permits:
      • the Section 401 certification is administered by the N.C. Division of Water Quality (DWQ) while the Section 404 permit is administered by the U.S. Army Corps of Engineers;
      • the evaluation of the project and its impacts prior to issuing the permits can require studies or an environmental assessment (EA);
      • the permits may be denied, preventing the project as proposed, or issued with mitigation requirements, specific operating conditions, and/or monitoring requirements.
   
   
3. Federal
   
   
   6. Federal Energy Regulatory Commission (FERC):
      • multi-step consultation required;
      • studies can be required;
      • applicant is required to consult with federal and state resource agencies;
      • FERC makes final determination, but intervenors--e.g. agency, municipality, private citizen--or the applicant may appeal;
      • FERC does not have the authority to modify mandatory conditions stipulated by agencies within the 401 Water Quality Certificate and under the authority of Section 4(e) of the Federal Power Act;
      • FERC can specify operating conditions, require monitoring equipment, or deny the project;
      • FERC enforces terms and conditions of license or exemption.

FLOW MONITORING

A device to monitor the instream flow requirement is a standard condition that the Division of Water Resources requests in a license, permit or certificate for water withdrawals or dams. Rule .0504 for the N.C. Dam Safety Law requires a gage to be installed and rated every two years, in accordance with U.S. Geological Survey (USGS) Paper No. 2175, for any subject dam. A gage needs to be recalibrated every two years to verify the accuracy of the rating curve.

Gages allow the water user to determine if he is releasing enough water below a dam, if the water surface elevation in a reservoir is high enough or if there is enough water flowing by a water withdrawal structure. Gages allow private citizens or resource agencies to verify compliance with flow requirements. Gages also allow recreational users to determine stream flows suitable for water-based activities.

The gage is typically a graduated, enamel-coated, metal plate that is permanently affixed in the stream channel and rated, such that the water surface elevation corresponding to the flow requirement is known and can be compared to the gage. The gage may also be a float that is attached by a wire to a continually recording drum, disk, or punch tape on site or transmission via satellite to a distant computer.

The cost of installation, rating and maintenance of a gage is assumed by the water user. A private consultant, or the USGS, may establish the gage. The cost of maintaining most real-time gaging stations is through cooperative agreements between the USGS and other federal agencies, North Carolina agencies, public utilities, private corporations and local governments.

Failure to monitor and comply with instream flow requirements can be reported to the N.C. Division of Water Resources, the N.C. Division of Land Resources Dam Safety Program [dam safety permit), the Federal Energy Regulatory Commission [hydropower license or exemption), U.S. Army Corps of Engineers (404 permit), the N.C. Division of Water Quality (401 certificate), the N.C. Utility Commision (certificate of public convenience and necessity), the U.S. Fish and Wildlife Service, or the N.C. Wildlife Resources Commission.