ML18059A139

TVA Et Al. 1991 TN5345 - Watts Bar Interagency Agreement of 1991

ML18059A139
Person / Time
Site:	Clinch River
Issue date:	02/28/2018
From:	Tennessee Valley Authority
To:	Office of New Reactors
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Download: ML18059A139 (13)

Text

Attachment 2 INTERAGENCY AGREEMENT WATTS BAR RESERVOIR PERMIT COORDINATION

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I. PURPOSE AND SCOPE ic~1(~ i.~c:

II. AUTHORITIES III. LIMITS OF AREA TO BE CONSIDERED IV. RESPONSIBILITIES A. U.S. TENNESSEE VALLEY AUTHORITY f.4~_ 9~~\

B. U.S. ARMY CORPS OF ENGINEERS C. DEPARTMENT OF ENERGY -

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ENVIRONMENTpT~ PROTECTION TENNESSEE DEPARTMENT OF HEALTH AGENCY AND ENVIRONMENT

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V. DURATION OF THIS AGREEMENT AND SIGNATURE ATTACHMENT 1.......LOCATION MAP ATTACHMENT 2.. .. . . . ACTION SCREENING CATEGORIES ATTACHMENT 3.. . ... .ABBREVIATIONS

INTERAGENCY AGREEMENT WATTS BAR RESERVOIR PERMIT COORDINATION AMONG THE U.S. TENNESSEE VALLEY AUTHORITY, U.S. NASHVILLE DISTRICT CORPS OF ENGINEERS, U.S. DEPARTMENT OF ENERGY, U.S.

ENVIRONMENTAL PROTECTION AGENCY, AND THE TENNESSEE HEALTH AND ENVIRONMENT* DEPARTMENT OF I. PURPOSE AND SCOPE The purpose of this agreement is to establish the interagency coordination and review of a procedure for use authorization activities by the U. permitting and other Engineers, S. Army Corps of Nashville District, and U.S. Tennessee Valley Authority which could result in the disturbance, removal and/or disposal of contaminated sediments resuspension, contaminated sediments or potentially in the j~,Bar Reservoir. This agreement identifies the cooperative efforts of the U.S.

Department of Energy (DOE), U.S. Environmental Protection (EPA), U.S. Army Corps of Engineers Nashville Agency U.S. District (USACE),

Tennessee Valley Authority (TVA), and The Department of Health and Environmental (TDHE) Tennessee goal. to achieve this This Interagency Agreement relates only to the associated with the contaminated or Potentially issues sediments resulting from the DOE Operations at contaminated Tennessee. Oak Ridge, it does not suspend or void other permit review coordination and agreements that currently exist between the participants, nor does it preempt or limit in any authority of TDHE, EPA, TVA, USACE, or DOE for way the which are under their re ulatory or statutory those matters authorization. jurisdiction or This agreement does not address, nor is it intended to address, any remediatlon responsibility of parties. any of the The agreement becomes effective when signed by all parties.

• Executive Order No. 112 of February 4, 1991 transferred the environmental functions of the Department of Health and Environment to the Department of Conservation.

references to TDHE throughout this agreement should All understood to refer to the Department of Conservation be any successor agency that houses these and Divisions. environmental

II. AUTHORITIES A. Section io of the Rivers and 403). Harbors Act of 1899 (33 U.S.c.

B. Section 404 of the Clean Water Act (33 U.S.c. 1344).

C. Section 26a of the Tennessee (16 U.S.C. 831yl). Valley Authority Act of 1933 1J. Sections 4(k) and 31 of the of 1933, as amended, Tennessee Valley Authority Public Law 87852, Pub1i~ Law 93153,Act the Federal Property and 1949, and other TVA land Administration Services Act of authorized under the TVA Act. Use agreeme~~3 that can be E. The Tennessee Watez Quality 1987 amendments (693107). Control Act of 1977 including III. LIMITS OF AREA TO BE CONSIDERED BY THIS AGREEMENT This agreement applies only Reservoir which are subject to those portions of sediment contamination by or may Potentially be Watts Bar Tennessee. the DOE Operations at subject to Specifically the areal extent Oak* Ridge Potentially contaminated of contaminated or to include the mainstream, sediments has been initially embayments and impounded identified of Watts Bar Reservoir as tributaries follows:

A. Tennessee River from Mile 569.0 (Webster Bluff Light). 529.9 (Watts Bar Darn) to Mile B. Clinch River from Mile Mile 567.5) to Clinch 0.0 (Mouth at Tennessee River Darn). River Mile 23.1 (Melton Hill.

C. Emory River from Mile 4.3) to Mile 5.2 (downstream0.0 (Mout1~ at Clinch River Little Emory River). from the Confluence of Mile the The area), extent may be redefined (expanded additional information becomes or reduced) as Investigation/peasjbj1j~y available during the DOE for a location Study of Watts Bar Reservoir.Remedial map identifying the initial (See extent of this agreement.) area),

IV. RESPONSIBILITIES GENERAL:

The agreement will be COnsisting of a designated administrated by a Working participating agency. The Group member (and alternate) Group (WG) will be chaired by the from each TDHE.

Upon the identification Group shall meet and develop of the individual agency members, procedures, and coordination its internal operating and followup the contacts.

The WG shall develop a screening list of all authorized under the regulatory actions identify those specific authority of the USACEpermitted or actions which can be and TVA to having No Significant categorj~~~ as Sediment Sediment Disturbance (NSSD), Marginal Disturbance Disturbance (PM,SD), with (MSD), or Potential withj~ the designated respect to contaminated Major Sediment area of Watts Bar Reservoir.sediment issues Periodically review and update if, based on operating the screening lists The to WG shall determine changes are warranted inexperience or additional information, Attachx~ient 2 for the initial specifj~ action categories. (See screening lists.)

All actions identified under the existing in the NSSD Category will procedures Without further USACE and TVA review and be processed coordination the sediment contamination consideration or review relating Those actions Within the issues addressed in to MSD and this agreeme~~~

subject to a case by the PMSD categorj~5 will final decision by USACEcase review Under this agreeme~~ prior to be and TVA. a Specific agency identified as follows: responsibilities under this agreeme~~ are A. U.S.TENNESSEE VALLEY AUTHORITY

1. Review all permit and use app1jca~jons to appropriate action category. determine the which under For those applications existing involve coordination with processj~ procedures would to the USACE, contact the USACE solicit their concurrence category. For those applications with the screening withj~ the NSSD category involving actions Processing and appropriateproceed with the application VVs exjstj~ established action in accordance with procedures. review and coordination

2. For those applications MSD or PMSD actions which would be categorj~~~ as to each agency WG member provide a copy of the application of an appropriate for review and a determination perspective recommendation from, their agency?s

3. In consultation with the USACE develop and implement procedure to provide notification the action category status to the applicant ofa the extent possible the of their application and to required to Process or to time period which may be of the proposed action. determine the acceptablljty 4~ Request the WG chairman to with respect to develop a recommendation the sediment contamination associated with individual MSD issue or PMSD actions.

5. Upon receipt of the recommendation processing of the application. complete the B. U.S. ARMY CORPS OF ENGINEERS (NASHVILLE DISTRICT) 1.. Review all permit appropriate screening applications category.

to determine the applications to TVA to solicit Forward copies of the the screening categorjzatj0~ their concurrence with which are Within the NSSD For those applications application category proceed with the Processing and appropriate accordance with USACES action in and coordination procedures.existing established review

2. In consultation with TVA procedure to provide notification develop and implement a the action category status to the applicant of the extent possible of their application and to required to process orthe time period which may be of the proposed action. to determine the acceptability

3. Upon receipt of the recommendation Processing of the application. complete the DEPARTMENT OF ENERGY

1. Upon receipt from TVA of a copy of an application proposed action in the MSD for DOES existing sediment or PMSD category, reviewa all available data in data base and provide copies of action to each. member. the Vicinity of the proposed

2. As requested by the sediment data where existing chairman, acquire appropriate available in the vicinity data are not adequate or Provide each member an of the proposed action.

data can be available estimate of the date when the available. and copies, of the data when

3. As requested by the technjcaj assistance, chairman, provide appropriate parties. including risk analysis, to all

D. ENVIRONMENTAL PROTECTION AGENCY

1. Upon receipt from TVA of a copy of an application within the MSD or PMSD category, j~ conjunction the existing available sediment with DOE, review the application arid data to be provided by with a recommendation for appropriate provide each member action.

E. TENNESSEE DEPARTMENT OF HEALTH AND ENVIRONMENT.

1. CoordInate Group efforts and serve Group. as chairman of the

2. Upon receipt from TVA of a within the MSD or PMSD categories,copy of an application the existing available sediment in conjunction with DOE, review the application data to be provided by and with a recommendation for appropriate provide each member action.

3. Identify and provide guidance specific to the members on additional data needs for actions. the proposed

4. Determine the adequacy of existing characterizing the sediments at or acquired data in proposed permit action. the location of a

5. In consultation with EPA, sediment data in the vicinity request of DOE to collect existing data Is determined to proposed actions where available. be inadequate or not

6. Provide the applicant, and WG recommended action with respectmembers with a final within the MSD or PMSD categories. to any application V. DURATION OF THIS AGREEMENT This agreement shall become last party. effective upon the signature of the This agreement shall remain In effect until such time as participants mutually agree to its the terminate its participation in the termination. Any party can notice to all other parties. agreement upon 30 day written Proposals to amend this agreement Participating parties. shall be made in writing to all

NOW, THEREFORE, the undersigned hereby certifies that he is fullyrepresentative of each party enter into the terms and conditionsauthorized and does hereby of this Agreeme~~.

.,~1~~Greer C. Tidwell, Regional Administrator, Region iv ~ames U.S. Environmental Protection Agency lie District

~ Corps of Engineers Date: 2~2F-~/ Date: _2.25..,j JJ lt~,/L~una, T nnes see Department of Conservation Vice President, Resource Group and Chief Executive Officer U.S. Tennessee Valley Authority Date:

Date:

J~e La 6ne, Manager oak Ridge Operations, U.S. Department of Energy Date: 2~2-~ _f/

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ATTACHMENT 2 ACTION SCREENING CATEGO.RIES FOR THE WATTS BAR RESERVOIR CONTAMINATED SEDIMENT AREA NO SIGNIFICANT SEDIMENT DISTURBA~

Aerial Crossing Cable TV Aerial Crossing Electric Aerial Crossing Gaging Station Aerial Crossing Other Aerial Crossing Sewer Aerial Crossing Telephone Aerial Crossing Water Agricultur~j License Beach Boat Launching Ramp or no excavation and Concrete (push In slab Boat Launching Ramp site preparation below within drawdo~ zone

- Gravel elevation 7111)

Boat Lift Boat Slips Fixed (supports driven)

Boat Slips Fixed Private (support holes dug 731) above elevation Boat Slips - Fixed and Floating (supports Boat Slips Fixed and Floating driven) above elevation 73]. Private (support holes dug Boat Slips Floating Boathouse Floating Breakwater Fixed Private (suppoyt~ driven dug above elevation 731 or support holes Breakwater - Floating Bridge Pedestrian (supports above Building Open to the Elements (i.e., elevation 731) lockers, open shelters, e~tc.) airplane hangars, storage Building Other (i.e.,

dwelling, etc.) office space, storage, restaurant, Buoy Buoy Line Swimming Closed Heating System Area Concession Building Dock Fixed Private (supports driven above elevation 731) or support holes dug Dock Fixed and Floating holes dug above elevation Private (supports driven or 731) Support Dock Floating Fence (above elevation Fish Attractors 731)

Guard Posts Harbor Limits

NO SIGNIFICANT SEDIMENT DISTURBANCE Land conveyances above normal (CONTINUED)

Marine Railway (above elevationp00].

Marine Service Station 731)

Minor Grading (above elevation Mooring Post (driven) 741)

Mooring Post Private (holes Osprey Nest Platforms (supportsdug above elevation 731)

Paved or sodded drainage ditches driven)

Picnic tables, benches, grills Play Facilities (above elevation Power and waterlines to 731) attached to Shoreline serve water use facilities moored or Removal of undesirable growth Retaining wall (within 2 of above elevation 735, and the shoreline, footer constructed elevation Retaining Wall Faced w/Riprap in the dry)

(within 2? of the shoreline, elevation above 735, and constructed in the dry) footer Riprap (no site preparati~

Roads, including turnarounds, direct dump)

Seeding and sodding for lawns serving water use facilities Septic tank disposal fields Sewage Pumping Station Ski Jump Slalom Course Sign Terraces, covered patios, and gazebos Walkways, steps, landings Water intake Fixed (private noncommercial least 1 above the bottom with intake port at sediments)

NOTE: Excavated material from Support site. holes deposited at NOTE: Actions within the No signifj~~~~

Category can be processed Sediment Disturbance and coordination agreemen~~~ within the existing review NOTE: Key Reservoir Elevations Summer pool elevation 741 rnsl Winter pool elevation 735 mel Minimum elevation for determined by working group sediment disturbance as 731 mel

ACTION SCREENING CATEGORIES FOR THE WATTS BAR RESERVOIR CONTAMINATED SEDIMENT AREA MARGINAL SEDIMENT DISTURBANCE Boat slips Fixed Covered (support holes dug)

Boat Slips Fixed Open (support holes dug) Commercial Boat Slips Fixed and Floating (support holes Commercial Boathouse Fixed (support holes dug) dug) Commercial Breakwater (support holes dug) Commercial Bridge - Commercial

- Vehicular Bridge with Approach Fills Culvert Other Culvert Roadway Dock Fixed (support holes dug)

Dock Commercial Fixed and Floating (support holes DredgIng/Excay~~j0~ dug) Commercial Private (above elevation 735 and in the dry) conducted Fill - Causeway/Roadway Fill Other Marine Railway (below elevation Monitoring Station 731)

Mooring Posts (holes dug) Commercial Mussel Cultural Raft Retaining Wall (other)

Retaining Wall Faced w/Riprap (other)

Water Intake - Floating Osprey Nest Platforms (holes dug)

Riprap (prepared site) (below elevation 731)

NOTE: Actions in the Marginal Sediment must be reviewed under the Interagency Disturbance category Bar Reservoir Permit Coordination Agreement Watts NOTE: Key Reservoir Elevations Summer pool elevation 71~j msl Winter pool elevation 735 msl Minimum elevation for sediment determined by working group 731 msldisturbance as

ACTION SCREENING CATEGORIES FOR THE WATTS BAR RESERVOIR CONTAMINATED SEDIMENT AREA POTENTIAL MAJOR SEDIMENT DISTURBANCE Barge Terminal Loading and Unloading Facilities Barge Terminal Loading Facilities Barge Terminal Mooring Cells Barge Terminal - Other Barge Terminal Unloading Facilities Dam/Weir Impounds Water Dredgjng/Excava~j0~ Private (below elevation 735)

Dredging/Excavation Commercial Navigation Channel Maintenance Levee/Dike Structure to keep water off of an area Mooring Cells/Dolphjns/Deadmen Anchors Mooring Cells/Dolphjns/Deadmefl Anchors Fleeting Area Outfall - Other Submarine Crossing Cable TV Submarine Crossing Other Submarine Crossing Petrolewn Submarine Crossing Sewer Submarine Crossing Telephone Submarine Crossing Water Water Intake Fixed (commercial, industrial, municipal, agricultural irrigation) and NOTE: Actions in the Potential Major Sediment be reviewed under the Interagency Agreement Category must Reservoir Permit Coordination Watts Bar NOTE: Key Reservoir Elevations Summer pool elevation 741 msl Winter pool elevation 7351 msl Minimum elevation for sediment disturbance determined by Working Group 731 msl as

ATTACHMENT 3 ABBREVIATIO~

DOE U.~. DepartnTent of Energy EPA U.S. Environmental Protection Agency USACE U.S. Army Corps of Engineers TVA U.S. Tennessee Valley Authority TDHE Tennessee Departme~~ of Health and Environment TDC Tennessee Department of Conservation WG Working Group (DOE, EPA, USACE, TVA, TDHE)

NSSD No signif1can~ Sediment Disturbance IVTSD Marginal Sediment Disturbance PMSD Potential Major Sediment Disturbance