ML091410475

Department of Army (DA) Permit No. LRN-2006-00764 and State of Tennessee Permit No. Arap - NRS09.141 Approved Changes

ML091410475
Person / Time
Site:	Sequoyah
Issue date:	05/20/2009
From:	Cleary T Tennessee Valley Authority
To:	Document Control Desk, Office of Nuclear Reactor Regulation
References
ARAP - NRS09.141, LRN-2006-00764
Download: ML091410475 (10)

Text

Tennessee Valley Authority Post Office Box 2000 Soddy Daisy, Tennessee 37384-2000 Timothy P. Cleary Site Vice President Sequoyah Nuclear Plant May 20, 2009 U.S. Nuclear Regulatory Commission ATTN: Document Control Desk Washington, D.C. 20555 Gentlemen:

In the Matter of ) Docket Nos. 50-327 Tennessee Valley Authority (TVA) ) 50-328 SEQUOYAH NUCLEAR PLANT (SQN) - DEPARTMENT OF ARMY (DA) PERMIT NO.

LRN-2006-00764 AND STATE OF TENNESSEE PERMIT NO. ARAP - NRS09.141 APPROVED CHANGES The enclosure provides the approved changes to SQN DA Permit No. LRN-2006-00764 and State of Tennessee permit No. ARAP - NRS09.141 as required by SQN Environmental Technical Specification Section 5.5.2, Changes in Permits and Certifications. The changes allow the addition of riprap bank stabilization at the condenser circulating water intake channel.

Please direct questions concerning this issue to Beth A. Wetzel at (423) 843-7170.

Sincerely, Enclosure cc: See page 2 printed on recycled paper

U.S. Nuclear Regulatory Commission Page 2 May 20, 2009 BAW:DGS:SKD cc (Enclosure):

Mr. Siva P. Lingam, Project Manager U.S. Nuclear Regulatory Commission Mail Stop 08G-9a One White Flint North 11555Rockville Pike Rockville, Maryland 20852-2739 G. Arent,EQB1B-WBN T. J. Bradshaw (NSRB Support), BR 4X-C C. R. Church, POB 2B-SQN T. Coutu, LP 3R-C D. E. Jernigan, LP 3R-C K. R. Jones, OPS 4A-SQN M. R. Kerwin, OPS 4A-SQN L. E. Nicholson, LP 3R-C M. A. Purcell, LP 4K-C P. D. Swafford, LP 3R-C L. E. Thibault, LP 3R-C S.A. Vance, ET10A-K E. J.Vigluicci, ET10A-K WBN Site Licensing Files, ADM 1L-WBN B. A. Wetzel, OPS 4A-SQN R. J. Whalen, LP 3R-C EDMS, WT CA-K l:License/Environmental/LRN-2006-00764 Permit approved change

ENCLOSURE TENNESSEE VALLEY AUTHORITY SEQUOYAH NUCLEAR PLANT (SQN)

DEPARTMENT OF ARMY (DA) PERMIT NO. LRN-2006-00764 AND STATE OF TENNESSEE PERMIT NO. ARAP - NRS09.141 APPROVED CHANGES

DEPARTMENT OF THE ARMY NASHVILLE DISTRICT, CORPS OF ENGINEERS Eastern Regulatory Field Office 501 Adesa Blvd., Suite 250 LENCHR CITY, TENNESSEE 37771 April 21, 2009.

REPLY TO Eastern Regulatory Field Office

SUBJECT:

File No. LRN-2009-00654; Proposed Riprap Bank Stabilization at Tennessee River Mile 484.8R, Chickamauga Lake, Hamilton County, Tennessee: Sequoyah Nuclear Plant Mr. Timothy P Cleary TVA Sequoyah Nuclear Plant P.O. Box 2000, Mail Stop OPS-4A-SQN Soddy-Daisy, Tennessee 37379

Dear Mr. Cleary:

This is in regard to your recent application for a Department of the Army (DA) permit for your proposed 450 feet of riprap bank stabilization at Condenser Circulating Water Intake Channel. Your project has been assigned File No. LRN-2006-00764.

Based upon the information submitted to this office, we have determined that the work has been previously permitted under authority of DA Nationwide Permit (NWP) #13 Bank Stabilization, which became effective March 19, 2007. The proposed work must be constructed in accordance with the enclosed plans and Conditions.

It should be noted that if you fail to comply with any of the conditions, this authorization may be modified, suspended, or revoked and an individual permit may be required pursuant to 33 CFR 330.5(d).

The notification that the work is approved under the Nationwide Permit mentioned above is valid until two years from the date of letter unless the NWP is modified, suspended, or revoked. If the work has not been completed by that time, you should contact this office to obtain verification that the permit is still valid.

The State of Tennessee denied without prejudice the 4 01 certification for the Nationwide Permits. In order for this Nationwide Permit to be valid, you must obtain an individual water quality certification from the state. You must provide our office with a copy of the required certification or waiver of certification from the state prior to proceeding, with the work.

You must also comply with all conditions of the state certification. For your convenience, I am attaching a copy of the state application form with State contact information.

Before you begin construction, you may also need to obtain approval from the Tennessee' Valley Authority You are also responsible for obtaining any other federal, state , and/or local permits, approvals, or authorizations.

If changes in the location or plans of the work are necessary, revised plans should, be submitted promptly to this office. No deviation should be made in the approved plans without first obtaining approval from this office*

If you have any questions, please contact me at the above address or telephone (865)986-7296.

\

Sincerely, A

Kerit M* Jones Regjulatory Specialist

' 0j5erations Division Enclosures Copy Furnished:

TVA - Chickamauga/Nickajack 11.01 Market Street, PSC 1E-C .

Chattanooga, Tennessee 37402-2801 (423) 876-6707 State of Tennessee Division of Water Pollution Control State Office Building 540 McCallie Avenue, Suite 550 Chattanooga, Tennessee 37402 (423) 634-5745

ATTENTION YOU ARE REQUIRED TO SUBMIT THIS SIGNED CERTIFICATION REGARDING THE COMPLETED ACTIVITY AND ANY REQUIRED MITIGATION.

I hereby certify that the work authorized by Permit No. LRN-2009-00654 and any required mitigation was done in accordance with the Corps authorization, including any general or special conditions.

Permittee Signature Date Submit this signed certification to the office checked below:

"**' U.S Army Corps of Engineers Regulatory Branch 3701 Bell Road Nashville, TN 37214-2660 Iszl Eastern Regulatory Field Office 501 Adesa Blvd.

Suite 250 LenoirCity,TN 37771

""" Western Regulatory Field Office 2042 Beltline Road, Southwest Building C, Suite 415 Decatur,Al 35601 Project Location: Tennessee River Mile 484.8R, Chickamauga Lake, Hamilton County, Tennessee: Sequoyah Nuclear Plant

US Army Corps Nationwide Permit Conditions no. lrn-2oo9-oo654 of Engineers*

Nashville District The following General Conditions must be followed in order for any authorization by NWP 9. Management of Water Flows. To the maximum extent practicable, the preconstruction to be valid: course, condition, capacity, and location of open waters must be maintained for each activity, including stream channelization and storm water management activities, except as

1. Navigation, (a) No activity may cause more than a minimal adverse effect on provided below. The activity must be constructed to withstand expected high flows. The navigation, (b) Any safety lights and signals prescribed by the US Coast Guard, through activity must not restrict or impede the passage of normal or high flows, unless the primary regulations or otherwise, must be installed and maintained at the permittee's expense on purpose of the activity is to impound water or manage high flows. The activity may alter authorized facilities in navigable waters of the US. (c) The permittee understands and the preconstruction course; condition, capacity, and location of open waters if it benefits agrees that, if future operations by the US require the removal, relocation, or other the aquatic environment (e.g. stream restoration or relocation activities).

alteration, of the structure or work herein authorized, or if, in the opinion of the Secretary of the Army or his authorized representative, said structure or work shall cause unreasonable 10. Fills Within 100-Year Floodplains. The activity must comply with applicable FEMA-obstruction to the free navigation of the navigable waters, the permittee will be required, approved state or local floodplain management requirements.

upon due notice from the Corps of Engineers, to remove, relocate, or alter the structural work or obstructions caused thereby, without expense to the US. No claim shall be made 11. Equipment. Heavy equipment working in wetlands or mudflats must be placed on mats, against the US on account of any such removal or alteration. or other measures must be taken to minimize soil disturbance.

2. Aquatic Life Movements. No activity may substantially disrupt the necessary life cycle 12. Soil Erosion and Sediment Controls. Appropriate soil erosion and sediment controls movements of those species of aquatic life indigenous to the waterbody, including those must be used and maintained in effective operating condition during construction, and all species that normally migrate through the area, unless the activity's primary purpose is to exposed soil and other fills, as well as any work below the ordinary high water mark or high impound water. Culverts placed in streams must be installed to maintain low flow tide line, must be permanently stabilized at the earliest practicable date. Permittees are conditions. encouraged to perform work within waters of the US during periods of low-flow or no-flow.

3. Spawning Areas. Activities in spawning areas during spawning seasons must be. 13. Removal of Temporary Fills. Temporary fills must be removed in their entirety and the avoided to the maximum extent practicable. Activities that result in the physical destruction affected areas returned to pre-construction elevations and revegetated, as appropriate.

(e.g., through excavation, fill, or downstream smothering by substantial turbidity) of an important spawning area are not authorized, 14. Proper Maintenance. Any authorized structure or fill shall be properly maintained, including maintenance to ensure public safety.

4. Migratory Bird Breeding Areas. Activities in waters of the US that serve as breeding areas for migratory birds must be avoided to the maximum extent practicable. 15. Wild and Scenic Rivers. No activity may occur in a component of the National Wild and Scenic River System, or in a river officially designated by Congress as a "study river"

5. Shellfish Beds. No activity may occur in areas of concentrated shellfish populations, for possible inclusion in the system while the river is in an official study status, unless the unless the activity is related to a shellfish harvesting activity authorized by NWP 4 and 48, appropriate Federal agency with direct management responsibility for such river, has determined in writing that the proposed activity will not adversely affect the Wild and

6. Suitable Material. No activity may use unsuitable material (e.g., trash, debris, car Scenic River designation or study status. Information on Wild and Scenic Rivers may be bodies, asphalt, etc.). Material used for construction or discharged must be free from toxic obtained from the appropriate Federal land management agency in the area (e.g., National pollutants in toxic amounts (see Section 307 of the Clean Water Act). Park Service, US Forest Service, US Fish and Wildlife Service).

7. Water Supply Intakes. No activity may occur in the proximity of a public water supply 16. Tribal Rights. No activity or its operation may impair reserved tribal rights, including, intake, except where the activity is for the repair or improvement of public water supply but not limited to, reserved water rights and treaty fishing and hunting rights.

intake structures or adjacent bank stabilization.

17. Endangered Species, (a) No activity is authorized under any NWP which is likely to

8. Adverse Effects from Impoundments. If the activity creates an impoundment of water, jeopardize the continued existence of a threatened or endangered species or a species adverse effects to the aquatic system due to accelerating the passage of water, and/or proposed for such designation, as identified under the Federal Endangered Species Act restricting its How must be minimized to the maximum extent practicable. (ESA), or which will destroy or adversely modify the critical habitat of such species. Nor>

federal permittees shall notify the District Engineer if any listed species or designated 20. Mitigation. The activity must be constructed to avoid and minimize adverse effects, critical habitat might be affected or is in the vicinity of the project, or is located in the both temporary and permanent, to waters of the US to the maximum extent practicable at designated critical habitat and shall not begin work on the activity until notified by the the project site (i.e. on site). Mitigation in all its forms (avoiding, minimizing, rectifying, District Engineer that the requirements of the ESA have been satisfied and that the activity reducing, or compensating) will be required to the extent necessary to ensure that the is authorized. For activities that may affect Federally-listed species or designated critical adverse effects to the aquatic environment are minimal.

habitat, the notification must include the name(s) of the endangered or threatened species that may be affected by the proposed work or that utilize the designated critical habitat that 21. Water Quality Certification. The activity must comply wrth case specific conditions may be affected by the proposed work. As a result of formal or informal consultation with added by the Corps or by the state, Indian Tribe, or USEPA in its section 401 Water the FWS, the District Engineer may add species-specific regional endangered species Quality Certification. Where States and authorized Tribes, or EPA where applicable, have conditions to the NWP. not previously certified compliance of an NWP with CWA Section 401, individual 401 (b) Authorization of an activity by a NWP does not authorize the "take11 of a threatened Water Quality Certification must be obtained or waived (see 33 CFR 330.4(c)). The district or endangered species as defined under the ESA. In the absence of separate engineer or State or Tribe may require additional water quality management measures to authorization (e.g.t an ESA Section 10 Permit, a Biological Opinion with "incidental take" ensure that the authorized activity does not result in more than minimal degradation of provisions, etc.) from the US FWS or the NMFS, both lethal and non-lethal "takes" of water quality.

protected species are in violation of the ESA. information on the location of threatened and endangered species and their critical habitat can be obtained directly from the offices of 22. Use of Multiple Nationwide Permits. The use of more than one NWP for a single and the USFWS and NMFS or their World Wide Webpages at httpj^/www.fws.gov/ and complete project is prohibited, except when the acreage loss of waters of the US http^/www^noaa.qov/fisheries.htmfresDectivelv. authorized by the NWPs does not exceed the acreage limit of the NWP with the highest specified acreage limit. For example, if a road crossing over tidal water is constructed

18. Historic Properties. No activity which may affect historic properties listed or eligible for under NWP14, with associated bank stabilization authorized by NWP 13, the maximum listing, in the National Register of Historic Places is authorized, until the District Engineer acreage loss of waters of the US for the total project cannot exceed 1/3-acre.

has complied with the provisions of 33 CFR part 325, Appendix C. The prospective permittee must notify the District Engineer if the authorized activity may affect any historic 23. Transfer of Nationwide Permit Verifications. If the permittee sells the property properties listed, determined to be eligible, or which the prospective permittee has reason associated with NWP verification, the permittee may transfer the NWP verification to the to believe may be eligible for listing on the National Register of Historic Places, and shall new owner by submitting a letter to the appropriate Corps district office to validate the not begin the activity until notified by the District Engineer that the requirements of the transfer. A copy of the NWP verification must be attached to the letter, and the letter must National Historic Preservation Act have been satisfied and that the activity is authorized. contain the following statement: When the structures or work authorized by this NWP are Information on the location and existence of historic resources can be obtained from the still in existence at the time the property is transferred, the terms and conditions of this State Historic Preservation Office Officer or Tribal Historic Preservation Officer, as NWP, including any special conditions, will continue to be binding on the new owners) of appropriate, and the National Register of Historic Places (see 33 CFR 330.4(g)). For the property. To validate the transfer and the associated liabilities associated with activities that may affect historic properties listed in; or eligible for listing in, the National compliance with its terms and conditions, have the transferee sign and date below.

Register of Historic Places, the notification must state which historic property may be affected by the proposed work or include a vicinity map indicating the location of the historic property. Prospective permittees should beware that section 110k of the NHPA (16 USC 470h-2(k)) prevents the Corps from granting a permit or other assistance to an applicant who, with intent to avoid the requirements of Section 106 of the NHPA, has Transferee Date intentionally significantly adversely affected a historic property to which ttie permit would relate, or having legal power to prevent it, allowed such significant adverse effect to occur. 24. Compliance Certification. Every permittee who has received a Nationwide permit verification from the Corps will submit a signed certification regarding the completed work and any required

19. Designated Critical Resource Waters. Critical resource waters including state natural mitigation. The certification form is included with this verification.

heritage sites, and outstanding national resource waters or other waters officially designated by a state as having particular environmental or ecological significance and 25. Single and Complete Project. The activity must be a single and oomplete project identified by the district engineer after notice and opportunity for public comment. The The same NWP cannot be used more than once for the same single and complete project district engineer may also designate additional critical resource waters after notice and opportunity for comment (a) Discharges of dredged or fill material into waters of the US Further Information:

are not authorized by NWP 7,12,14,16,17, 21, 29, 31.35,39,40,42,43,44, 49, and 50 1. District Engineers have authority to determine if an activity complies with the terms for any activity within, or directly affecting, critical resource waters, including wetlands and conditions of an NWP.

adjacent to such waters, (b) For NWP 3, 8,10,13,15,18,19,22,23, 25, 27,28, 30,33, 2. NWPs do not obviate the need to obtain other Federal, state, or local permits, 34,36,37, and 38, notification is required in accordance with general condition 27, for any approvals, or authorizations required by law.

activity proposed in the designated critical resource waters including wetlands adjacent to 3. NWPs do not grant any property rights or exclusive privileges.

those waters. The district engineer may authorize activities under these NWPs only after it 4. NWPs do not authorize any injury to the property or rights of others.

is determined that the impacts to the critical resource waters will be no more than minimal. 5. NWPs do not authorize interference with any existing or proposed Federal project

File: LRN-2009-00654

13. Bank Stabilization, Bank stabilization activities necessary for erosion prevention, provided the activity meets all of the following criteria:

(a) No material is placed in excess of the minimum needed for erosion protection; . .

(b) The activity is no more than 500 feet in length along the bank, unless this criterion is waived in writing by the district engineer; (c) The activity will not exceed an average of one cubic yard per running foot placed along the bank below the plane of the ordinary high water mark or the high tide line, unless this criterion is waived in writing by the- district engineer; (d) The activity does.-, not involve discharges of dredged or fill material into special aquatic kites', unless this criterion is waived in writing by the district engineer; (e) No material is of the type, or is placed in any location, or in any manner, to impair surface water flow into or out of any water of the United States; (f) No material is placed in a manner that will be eroded by normal or expected high flows (properly anchored trees and treetops may be used in low energy areas); and, (g) The activity is not a stream channelization activity.

Notification: The permittee must submit a pre-construction notification to the district engineer prior to commencing the activity if the bank stabilization -activity: (1) involves discharges into special aquatic sites; (2) is in excess of 500 feet in length; or (3) will involve the discharge of greater than an average of one cubic yard per running foot along the bank below the plane of the ordinary high water mark or the high tide line, (See general condition 27.) (Sections 10 and 404)

State of Tennessee Notice of Coverage Under the Aquatic Resource Alteration General Permit for Bank Stabilization Tennessee Department of Environment and Conservation Division of Water Pollution Control 401 Church Street, 6th Floor, L&C Annex Nashville, Tennessee 37243-1534 ARAP - NRS09.141 Under authority of the Tennessee Water Quality Control Act of 1977 (TWQCA, T.C.A. 69-3-101 et sea.) the Division of Water Pollution Control has determined the activity described below would not violate applicable water quality standards.

This activity is governed by the General Permitfor Bank Stabilization (effective July 1, 2005) issued pursuant to the TWQCA. The work must be accomplished in conformance with accepted plans, specifications, data and other information submitted in support of application NRS09.141 and the terms and conditions set forth in the above referenced general permit.

PERMITTEE: Tennessee Valley Authority AUTHORIZED WORK: 450 feet of riprap bank stabilization at the Condensor Circulating Water Intake Channel LOCATION: Sequoyah Nuclear Plant Intake Forebay, CCW,Hamilton County WATERBODY NAME: Tennessee River, Chickamauga Lake EFFECTIVE DATE: 05-MAY-09 EXPIRATION DATE: 05-MAY-10 This does not preclude requirements of other federal, state or local laws. In particular, work shall not commence until the applicant has received the federal §404 permit from the U. S. Army Corps of Engineers, a §26a permit from the Tennessee Valley Authority or authorization under a Tennessee NPDES Storm Water Construction Permit where necessary. This permit may also serve as a federal §401 water quality certification (pursuant to 40 C.F.R. § 121.2) since the planned activity was reviewed and the division has reasonable assurance that the activity will be conducted in a manner that will not violate applicable water quality standards (T.C.A. § 69 101 et seq. or of § 301, 302, 303, 306 or 307 of The Clean Water Act).

The state of Tennessee may modify, suspend or revoke this authorization or seek modification or revocation should the state determine that the activity results in more than an insignificant violation of applicable water quality standards or violation of the TWQCA. Failure to comply with permit terms may result in penalty in accordance with T.C.A. §69-3-115.

fo4s.ni Paul E. Davis, P.E.

Director, Division of Water Pollution Control RDA2971