NRC-2018-0280, Comment (2) of Janine Howard on Behalf of State of VA, Dept of Environmental Quality on Virginia Electric and Power Company; Dominion Energy Virginia: Surry Power Station, Unit Nos. 1 and 2

Comment (2) of Janine Howard on Behalf of State of VA, Dept of Environmental Quality on Virginia Electric and Power Company; Dominion Energy Virginia: Surry Power Station, Unit Nos. 1 and 2

ML19331A386
Person / Time
Site:	Surry
Issue date:	11/27/2019
From:	Howard J State of VA, Dept of Environmental Quality
To:	Office of Administration
References
84FR56488 00002, NRC-2018-0280, NUREG-1437
Download: ML19331A386 (1)

Text

Page 1 of 1 SUNSI Review Complete Template = ADM-013 E-RIDS=ADM-03 ADD=Tam Tran, As of: 11/27/19 10:43 AM Antoinette Walker-Smith Received: November 27, 2019 Status: Pending_Post PUBLIC SUBMISSION COMMENT (2)

PUBLICATION DATE: Tracking No. 1k3-9djr-fgr4 10/22/2019 Comments Due: December 10, 2019 CITATION 84 FR Submission Type: Web 56488 Docket: NRC-2018-0280 Virginia Electric and Power Company; Dominion Energy Virginia: Surry Power Station, Unit Nos. 1 and 2 Comment On: NRC-2018-0280-0019 Virginia Electric and Power Company; Dominion Energy Virginia: Surry Power Station, Unit Nos. 1 and 2 Document: NRC-2018-0280-DRAFT-0019 Comment on FR Doc # 2019-23010 Submitter Information Name: Janine Howard Address:

Virginia Dept. of Environmental Quality 1111 East Main Street Richmond, VA, 23219 Email: Janine.Howard@deq.virginia.gov General Comment Comments from the Commonwealth of Virginia regarding the Draft Supplemental Environmental Impact Statement (SEIS) for the Subsequent License Renewal for Surry Power Station, Units 1 and 2 (NUREG-1437, Supplement, Second Renewal, draft), Surry County, Nuclear Regulatory Commission (DEQ Review Number 19-131F)

Attachments 11_27 State Response _19-131F Subsequent License Renewal SPS Units 1 and 2 NUREG-1437 https://www.fdms.gov/fdms/getcontent?objectId=09000064841c062f&format=xml&showorig=false 11/27/2019

COMMONWEALTH of VIRGINIA DEPARTMENT OF ENVIRONMENTAL QUALITY Street address: 1111 East Main Street, Suite 1400, Richrnond, VA 23219 Matthew J. Strickler Mailing address: P.O. Box 1105, Richrnond, Virginia 23218 David K. Paylor Secretary of Natural Resources www.deq.virginia.gov Director (804) 698-4000 1-800-592-5482 November 27, 2019 Office of Administration Mail Stop TWFN-7-A6OM ATTN: Program Management Announcements and Editing Staff U.S. Nuclear Regulatory Commission Washington, D.C. 20555-0001 Via: http://www.regulations.gov Docket ID NRC-2018-27547 RE: Comments on the Draft Supplemental Environmental Impact Statement (SEIS) for the Subsequent License Renewal for Surry Power Station, Units 1 and 2 (NUREG-1437, Supplement, Second Renewal, draft), Surry County, Nuclear Regulatory Commission (DEQ 19-131F)

To Whom It May Concern:

The Commonwealth of Virginia has completed its review of the above-referenced document. The Department of Environmental Quality (DEQ) is responsible for coordinating Virginia's review of federal environmental documents submitted under the National Environmental Policy Act (NEPA) and responding to appropriate federal officials on behalf of the Commonwealth. This is in response to the October 2019 Generic Environmental Impact Statement for License Renewal of Nuclear Plants, Supplement 6, Second Renewal, Subsequent License Renewal for Surry Power Station Units 1 and 2 prepared by the U.S. Nuclear Regulatory Commission (NRC). The following agencies and planning district commission participated in the review of this proposal:

Department of Environmental Quality Department of Game and Inland Fisheries (DGIF)

Department of Conservation and Recreation (DCR)

Department of Health (VDH)

Department of Historic Resources (DHR)

Marine Resources Commission (VMRC or Commission)

Virginia Institute of Marine Sciences (VIMS)

Crater Planning District Commission (PDC)

Subsequent License Renewal Surry Power Station Units 1 and 2 SEIS, 19-131F In addition, the Virginia Department of Transportation, Surry County and the Hampton Roads Planning District Commission were invited to comment on the proposal.

PROJECT DESCRIPTION The U.S. Nuclear Regulatory Commission is reviewing an application from Dominion Energy Virginia (Dominion) for the proposed renewal of the operating licenses for Surry Power Station (SPS) Units 1 and 2 for an additional twenty years. SPS is located on the James River in Surry County, Virginia. For SPS Unit 1, the requested renewal would extend the license expiration date from May 25, 2032 to May 25, 2052. For SPS Unit 2, the requested renewal would extend the license expiration date from January 29, 2033 to January 29, 2053. The purpose and need for the proposed action (license renewal, preferred alternative) is to provide an option that allows for power generation beyond the term of the current nuclear power plant operating licenses to meet future system generating needs. SPS is a two-unit, nuclear powered, steam electric generating facility that began commercial operation in December 1972 (Unit 1) and May 1973 (Unit 2).

The nuclear reactors are Westinghouse pressurized water reactors that produce a nominal core power rating of 2,587 megawatts thermal (MWt). Plant operations and activities would predominantly remain the same during the subsequent license renewal term, as they are during the current license term. Additional aging management programs would be implemented as necessary to address structure and component aging. Dominion has not identified any major refurbishment activities necessary for the continued operation of SPS beyond the end of the existing license term.

A federal consistency certification for this license renewal activity was reviewed in 2017 under DEQ #17-121F.

ENVIRONMENTAL IMPACTS AND MITIGATION

1. Wetlands and Surface Waters. According to the SEIS (page 4-17), no significant impacts to surface water resources are anticipated during the license renewal term.

1(a) Agency Jurisdiction.

1(a)(i) DEQ. The State Water Control Board promulgates Virginia's water regulations covering a variety of permits to include the Virginia Pollutant Discharge Elimination System Permit (VPDES) regulating point source discharges to surface waters, Virginia Pollution Abatement Permit regulating sewage sludge, storage and land application of biosolids, industrial wastes (sludge and wastewater), municipal wastewater, and animal wastes, the Surface and Groundwater Withdrawal Permit, and the Virginia Water Protection (VWP) Permit regulating impacts to streams, wetlands, and other surface waters. The VWP permit is a state permit which governs wetlands, surface water, and surface water withdrawals and impoundments. It also serves as §401 certification of the federal Clean Water Act §404 permits for dredge and fill activities in waters of the U.S.

The VWP Permit Program is under the Office of Wetlands and Stream Protection, within 2

Subsequent License Renewal Surry Power Station Units 1 and 2 SEIS, 19-131F the DEQ Division of Water Permitting. In addition to central office staff that review and issue VWP permits for transportation and water withdrawal projects, the six DEQ regional offices perform permit application reviews and issue permits for the covered activities:

• Clean Water Act, §401;

• Section 404(b)(i) Guidelines Mitigation Memorandum of Agreement (2/90);

• State Water Control Law, Virginia Code section 62.1-44.15:20 et seq.; and

• State Water Control Regulations, 9 VAC 25-210-10.

1(a)(ii) VMRC. The Virginia Marine Resources Commission exerts jurisdiction over impacts to tidal wetlands pursuant to Virginia Code 28.2-1301 through 28.2-1320.

1(b) Agency Findings.

1(b)(i) DEQ. The DEQ Piedmont Regional Office (PRO) states that during the new license term if any impacts occur to streams or wetland features, a Virginia Water Protection (VWP) permit may be needed.

1(b)(ii) VMRC. VMRC did not indicate that tidal wetland will be impacted by the proposed license renewal.

1(c) Recommendation. DEQ PRO recommends that all construction activities avoid wetlands and streams to the maximum extent possible.

2. Erosion and Sediment Control and Stormwater Management. The SEIS (page 3-

42) notes that SPS is authorized via a VPDES permit (VA0004090) to discharge stormwater via five external outfalls. Dominion maintains a Stormwater Pollution Prevention Plan to identify sources of stormwater pollution and document control measures including best management practices (BMPs) to eliminate or reduce pollution in stormwater discharges from the facility.

2(a) Agency Jurisdiction. The DEQ Office of Stormwater Management administers the following laws and regulations governing construction activities:

• Virginia Erosion and Sediment Control (ECS) Law (§ 62.1-44.15:51 et seq.) and Regulations (9VAC25-840) (VESCL&R);

• Virginia Stormwater Management Act (§ 62.1-44.15:24 et seq.) (VSWML);

• Virginia Stormwater Management Program (VSMP) regulation (9VAC25-870)

(VSWMR); and

• 2014 General Virginia Pollutant Discharge Elimination System (VPDES) Permit for Discharges of Stormwater from Construction Activities (9VAC25-880).

In addition, DEQ is responsible for the Virginia Stormwater Management Program (VSMP) General Permit for Stormwater Discharges from Construction Activities related 3

Subsequent License Renewal Surry Power Station Units 1 and 2 SEIS, 19-131F to Municipal Separate Storm Sewer Systems (MS4s) and construction activities for the control of stormwater discharges from MS4s and land disturbing activities under the Virginia Stormwater Management Program (9VAC25-890-40).

2(b) Requirements. Any future land disturbance on the site must adhere to the erosion and sediment control and stormwater management requirements.

2(b)(i) Erosion and Sediment Control. If future projects/maintenance on the site involve a land-disturbing activity of equal to or greater than 2,500 square feet in a Chesapeake Bay Preservation Area, the applicant is responsible for submitting a project-specific erosion and sediment control (ESC) plan to the locality for review and approval pursuant to the local ESC requirements. Depending on local requirements, the area of land disturbance requiring an ESC plan may be less. The ESC plan must be approved by the locality prior to any land-disturbing activity at the project site. All regulated land-disturbing activities associated with the project, including on and off site access roads, staging areas, borrow areas, stockpiles and soil intentionally transported from the project, must be covered by the project-specific ESC plan. Local ESC program requirements must be requested through the locality.

2(b)(ii) Stormwater Management Plan. Dependent on local requirements, a stormwater management (SWM) plan may be required. Local SWM program requirements must be requested through the locality.

2(b)(iii) Virginia Stormwater Management Program General Permit for Stormwater Discharges from Construction Activities (VAR10). The operator or owner of a construction activity involving land disturbance of equal to or greater than 1 acre is required to register for coverage under the General VPDES Permit for Discharges of Stormwater from Construction Activities and develop a project specific stormwater pollution prevention plan (SWPPP). The SWPPP must be prepared prior to submission of the registration statement for coverage under the General Permit, and it must address water quality and quantity in accordance with the Virginia Stormwater Management Program (VSMP) Regulations. General information and registration forms for the General Permit are available on DEQ's website at www.deq.virginia.gov/Programs/Water/StormwaterManagement/VSMPPermits/Constru ctionGeneralPermit.aspx.

DEQ is the VSMP authority for this project.

2(c) Agency Recommendation. For any future land disturbing activities during the license term, DEQ PRO recommends that non-point source pollution resulting from these activities be minimized by using effective erosion and sediment control practices and structures. Consideration should also be given to using permeable paving for parking areas and walkways where appropriate and denuded areas should be promptly revegetated following construction work.

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Subsequent License Renewal Surry Power Station Units 1 and 2 SEIS, 19-131F

3. Point Source Pollution Control. The SEIS (page 3-42) states that SPS is authorized to discharge various effluent streams under VPDES permit number VA0004090 (effective March 1, 2016- February 28, 2021).

3(a) Agency Jurisdiction. The point source program is administered by the State Water Control Board pursuant to Virginia Code §62.1-44.15. Point source pollution control is accomplished through the implementation of the National Pollutant Discharge Elimination System (NPDES) permit program established pursuant to §402 of the federal Clean Water Act and administered in Virginia as the VPDES permit program. The Water Quality Certification requirements of §401 of the Clean Water Act of 1972 are administered under the Virginia Water Protection Permit program.

3(b) Agency Finding. DEQ PRO notes that Surry Power Station has two VPDES permits through DEQ: VAR106343 (stormwater general permit) and VA0004090 (VPDES industrial individual permit).

If there are any changes to the facility that would affect the VPDES permits, a permit modification may be required.

4. Chesapeake Bay Preservation Areas. The SEIS does not discuss potential impacts to Chesapeake Bay Preservation Areas.

4(a) Agency Jurisdiction. The DEQ Local Government Assistance Programs (LGAP) office administers the Chesapeake Bay Preservation Act (Virginia Code §62.1-44.15:67 et seq.) and Chesapeake Bay Preservation Area Designation and Management Regulations (9 VAC 25-830-10 et seq.). Each Tidewater locality must adopt a program based on the Chesapeake Bay Preservation Act and the Chesapeake Bay Preservation Area Designation and Management Regulations. The Act and regulations recognize local government responsibility for land use decisions and are designed to establish a framework for compliance without dictating precisely what local programs must look like.

Local governments have flexibility to develop water quality preservation programs that reflect unique local characteristics and embody other community goals. Such flexibility also facilitates innovative and creative approaches in achieving program objectives.

The regulations address nonpoint source pollution by identifying and protecting certain lands called Chesapeake Bay Preservation Areas. The regulations use a resource-based approach that recognizes differences between various land forms and treats them differently.

4(b) Agency Findings. DEQ-LGAP notes that in Surry County, the areas protected by the Chesapeake Bay Preservation Act, as locally implemented, require conformance with performance criteria. These areas include Resource Protection Areas (RPAs) and Resource Management Areas (RMAs) as designated by the local government. RPAs include tidal wetlands, certain non-tidal wetlands and tidal shores. RPAs also include a 100-foot vegetated buffer area located adjacent to and landward of these features and along both sides of any water body with perennial flow. RMAs, which require less 5

Subsequent License Renewal Surry Power Station Units 1 and 2 SEIS, 19-131F stringent performance criteria than RPAs, consist of all remaining areas within Surry County that are located within the James River Watershed.

Surry Power Station is located within the James River watershed and all areas of the site not otherwise designated as RPA have been designated as RMA.

4(c) Requirements. Future construction within a RMA at the site must be consistent with the general performance criteria provisions of 9VAC25-830-130 of the Regulations.

This would include disturbing no more land than necessary to provide for the proposed use, minimizing impervious cover, and preserving indigenous vegetation to the maximum extent practicable consistent with the proposed use. In addition, all land disturbing activity exceeding 2,500 square feet must comply with the requirements of the Virginia Erosion and Sediment Control Handbook, Third Edition, 1992.

Section 9VAC-25-830-150.B.1 of the Regulations exempts the "construction, installation, operation, and maintenance" of electric transmission lines and their appurtenant structures, provided such construction, installation, operation, and maintenance is conducted in accordance with regulations promulgated pursuant to the Erosion and Sediment Control Law and the Virginia Stormwater Management Act, including submission of an erosion and sediment control plan and a stormwater management plan approved by the Department of Environmental Quality, or local water quality protection criteria at least as stringent as the above state requirements.

5. Air Pollution Control. According to the SEIS (page 4-10) air quality will not be affected by continued operation of the power station. There are no site-specific air quality issues for Surry Units 1 and 2.

5(a) Agency Jurisdiction. The DEQ Air Division, on behalf of the State Air Pollution Control Board, is responsible for developing regulations that implement Virginia's Air Pollution Control Law (Virginia Code §10.1-1300 et seq.). DEQ is charged with carrying out mandates of the state law and related regulations as well as Virginia's federal obligations under the Clean Air Act as amended in 1990. The objective is to protect and enhance public health and quality of life through control and mitigation of air pollution.

The division ensures the safety and quality of air in Virginia by monitoring and analyzing air quality data, regulating sources of air pollution, and working with local, state and federal agencies to plan and implement strategies to protect Virginia's air quality. The appropriate DEQ regional office is directly responsible for the issuance of necessary permits to construct and operate all stationary sources in the region as well as monitoring emissions from these sources for compliance. In the case of certain projects, additional evaluation and demonstration must be made under the general conformity provisions of state and federal law.

The Air Division regulates emissions of air pollutants from industries and facilities and implements programs designed to ensure that Virginia meets national air quality standards. The most common regulations associated with major projects are:

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Subsequent License Renewal Surry Power Station Units 1 and 2 SEIS, 19-131F

• Open burning: 9 VAC 5-130 et seq.

• Fugitive dust control: 9 VAC 5-50-60 et seq.

• Permits for fuel-burning equipment: 9 VAC 5-80-1100 et seq.

5(b) Agency Findings. According to the DEQ Air Division, the project site is located in a designated ozone attainment area. DEQ PRO notes that Dominion Energy has a Title V permit (PR050336).

5(c) Requirements.

5(c)(i) Fugitive Dust. During construction, fugitive dust must be kept to a minimum by using control methods outlined in 9 VAC 5-50-60 et seq. of the Regulations for the Control and Abatement of Air Pollution. These precautions include, but are not limited to, the following:

• Use, where possible, of water or chemicals for dust control;

• Installation and use of hoods, fans, and fabric filters to enclose and vent the handling of dusty materials;

• Covering of open equipment for conveying materials; and

• Prompt removal of spilled or tracked dirt or other materials from paved streets and removal of dried sediments resulting from soil erosion.

5(c)(ii) Open Burning. If project activities include the open burning of construction material or the use of special incineration devices, this activity must meet the requirements under 9 VAC 5-130 et seq. of the Regulations for open burning, and may require a permit. The Regulations provide for, but do not require, the local adoption of a model ordinance concerning open burning. The applicant should contact locality officials to determine what local requirements, if any, exist.

5(d) Agency Recommendation. DEQ PRO recommends all actions shall operate in a manner consistent with air pollution control practices for minimizing emissions, especially during periods of high ozone. If there are any future changes to the systems at the facility, an air permit modification may be required.

6. Solid and Hazardous Wastes and Hazardous Materials. According to the SEIS (page 4-114), issues related to waste management would not be affected by continued plant operations associated with license renewal.

6(a) Agency Jurisdiction. On behalf of the Virginia Waste Management Board, the DEQ Division of Land Protection and Revitalization is responsible for carrying out the mandates of the Virginia Waste Management Act (Virginia Code §10.1-1400 et seq.), as well as meeting Virginia's federal obligations under the Resource Conservation and Recovery Act and the Comprehensive Environmental Response Compensation Liability Act (CERCLA), commonly known as Superfund. The DEQ Division of Land Protection 7

Subsequent License Renewal Surry Power Station Units 1 and 2 SEIS, 19-131F and Revitalization (DLPR) also administers those laws and regulations on behalf of the State Water Control Board governing Petroleum Storage Tanks (Virginia Code §62.1-44.34:8 et seq.), including Aboveground Storage Tanks (9VAC25-91 et seq.) and Underground Storage Tanks (9VAC25-580 et seq. and 9VAC25-580-370 et seq.), also known as 'Virginia Tank Regulations', and § 62.1-44.34:14 et seq. which covers oil spills.

Virginia:

• Virginia Waste Management Act, Virginia Code § 10.1-1400 et seq.

• Virginia Solid Waste Management Regulations, 9 VAC 20-81 o (9 VAC 20-81-620 applies to asbestos-containing materials)

• Virginia Hazardous Waste Management Regulations, 9 VAC 20-60 o (9 VAC 20-60-261 applies to lead-based paints)

• Virginia Regulations for the Transportation of Hazardous Materials, 9 VAC 20-110.

Federal:

• Resource Conservation and Recovery Act (RCRA), 42 U.S. Code sections 6901 et seq.

• U.S. Department of Transportation Rules for Transportation of Hazardous Materials, 49 Code of Federal Regulations, Part 107

• Applicable rules contained in Title 40, Code of Federal Regulations.

6(b) Agency Findings. The DEQ DLPR conducted a search of solid and hazardous waste databases, including petroleum releases, using a 500-foot radius to identify waste sites in close proximity to the facility. Four petroleum release sites were identified within the project area and Surry Power Station was identified as hazardous waste/RCRA facility.

Petroleum releases in close proximity to the project area:

1. PC Number 20104125, Gravel Neck Combustion Turbine Station, 5208 Hog Island Rd, Surry, Virginia 23883, Release Date: 09/15/2009, Status: Closed.

2. PC Number 19943824, Surry Power Plant, 5570 Hog Island Rd, Surry, Virginia 23883, Release Date: 05/16/1994, Status: Closed.

3. PC Number 19891209, Surry Power Plant, 5570 Hog Island Rd, Surry, Virginia 23883, Release Date: 03/31/1989, Status: Closed.

4. PC Number 19931478, Virginia Power Surry Power Station, 5570 Hog Island Rd, Surry, Virginia 23883, Release Date: 02/03/1993, Status: Closed.

8

Subsequent License Renewal Surry Power Station Units 1 and 2 SEIS, 19-131F Hazardous Waste/RCRA Facility Handler ID:

VAD000619502, Surry Power Station, 5570 Hog Island Road, Surry, Virginia 23883, Status: Small Quantity Generator.

6(c) Recommendations.

6(c)(i) Petroleum Releases. The DEQ's Pollution Complaint (PC) cases identified above should be further evaluated by the project engineer or manager to establish the exact location, nature and extent of the petroleum release and the potential to impact the proposed project. In addition, the project engineer or manager should contact the DEQ's Piedmont Regional Office at (804) 527-5020 (Tanks Program) for further information about the PC cases.

6(c)(ii) Environmental Databases. Prior to any future development, DLPR staff recommends a search of project areas using the following solid and hazardous waste databases to identify waste sites (including petroleum releases) in close proximity to project areas:

• Environmental Protection Agency (EPA) Comprehensive Environmental Response, Compensation, and Liability Information System (CERCLIS)

Database: Superfund Information Systems Information on hazardous waste sites, potentially hazardous waste sites and remedial activities across the nation, including sites that are on the National Priorities List (NPL) or being considered for the NPL: www.epa.qov/superfund/sites/cursites/index.htm

• DEQ Online Database: Virginia Environmental Geographic Information Systems Information on Permitted Solid Waste Management Facilities, Impaired Waters, Petroleum Releases, Registered Petroleum Facilities, Permitted Discharge (Virginia Pollution Discharge Elimination System Permits) Facilities, Resource Conservation and Recovery Act (RCRA) Sites, Water Monitoring Stations, National Wetlands Inventory:

www.deq.virginia.gov/ConnectWithDEQ/VEGIS.aspx 6(c)(iii) Pollution Prevention Recommendation. DEQ recommends that Dominion implement pollution prevention principles, including the reduction, reuse, and recycling of all solid wastes generated. All generation of hazardous wastes should be minimized and handled appropriately.

6(d) Requirements. Below are waste-related requirements that would apply to any future construction at the facility during the renewed license term.

6(d)(i) Waste Management. Any soil or groundwater that is suspected of contamination or wastes that are generated during construction-related activities must be tested and disposed of in accordance with applicable federal, state, and local laws and regulations.

All construction waste, including excess soil, must be characterized in accordance with 9

Subsequent License Renewal Surry Power Station Units 1 and 2 SEIS, 19-131F the Virginia Hazardous Waste Management Regulations prior to disposal at an appropriate facility. It is the generator's responsibility to determine if solid waste meets the criteria of a hazardous waste and is subsequently managed appropriately.

6(d)(ii) Petroleum Releases. If evidence of a petroleum release is discovered during implementation of this project, it must be reported to DEQ, as authorized by Virginia Code § 62.1-44.34.8 through 9 and 9 VAC 25-580-10 et seq.

6(d)(iii) Asbestos-Containing Materials and Lead-Based Paint. All structures being demolished/renovated must be checked for asbestos-containing materials (ACM) and lead-based paint (LBP) prior to demolition. If ACM or LBP are found, in addition to federal waste-related regulations, state regulations 9 VAC 20-80-620 for ACM and 9 VAC 20-60-261 for LBP must be followed.

7. Natural Heritage Resources. According to Section 4.8 of the SEIS, habitat of the northern long-eared bat, Shortnose sturgeon, and Atlantic sturgeon may be affected by the proposed action, but is not likely to be adversely affected.

7(a) Agency Jurisdiction.

7(a)(i) The Virginia Department of Conservation and Recreation's (DCR) Division of Natural Heritage (DNH). DNH's mission is conserving Virginia's biodiversity through inventory, protection and stewardship. The Virginia Natural Area Preserves Act (Virginia Code §10.1-209 through 217), authorized DCR to maintain a statewide database for conservation planning and project review, protect land for the conservation of biodiversity, and the protect and ecologically manage the natural heritage resources of Virginia (the habitats of rare, threatened and endangered species, significant natural communities, geologic sites, and other natural features).

7(a)(ii) Virginia Department of Agriculture and Consumer Services (VDACS): The Endangered Plant and Insect Species Act of 1979 (Virginia Code Chapter 39 §3.1-1020 through 1030) authorizes VDACS to conserve, protect and manage endangered and threatened species of plants and insects. Under a Memorandum of Agreement established between VDACS and the DCR, DCR represents VDACS in comments regarding potential impacts on state-listed threatened and endangered plant and insect species.

7(b) Agency Findings. DCR's Division of Natural Heritage (DNH) searched its Biotics Data System (Biotics) for occurrences of natural heritage resources in the project vicinity. According to the information currently in Biotics, natural heritage resources have not been documented within the submitted project boundary including a 100-foot buffer. DCR notes that, a predictive model identifying potential habitat for natural heritage resources intersects the project boundary. However, based on DCR biologist's review of the proposed project a survey is not recommended for the resource.

10

Subsequent License Renewal Surry Power Station Units 1 and 2 SEIS, 19-131F A documented occurrence of a state and federally listed animal is located within the submitted project boundary including a 100-foot buffer.

7(b)(i) State-listed Plant and insect Species. DCR found that the proposed project will not affect any documented state-listed plants or insects.

7(b)(ii) State Natural Area Preserves. There are no State Natural Area Preserves under DCR's jurisdiction in the project vicinity.

7(c) Recommendations. Contact DCR-DNH to secure updated information on natural heritage resources if the scope of the project changes and/or six months has passed before it is utilized. New and updated information is continually added to the Biotics Data System.

DCR recommends continued coordination with NOAA Fisheries to ensure compliance with protected species legislation.

8. Floodplain Management. The SEIS does not indicate that the floodplain will be affected by the proposed action.

8(a) Agency Jurisdiction. DCR is the lead coordinating agency for the Commonwealth's floodplain management program and the National Flood Insurance Program (Executive Memorandum 2-97).

8(b) Agency Findings. The National Flood Insurance Program (NFIP) is administered by the Federal Emergency Management Agency (FEMA), and communities who elect to participate in this voluntary program manage and enforce the program on the local level through that community's local floodplain ordinance. Each local floodplain ordinance must comply with the minimum standards of the NFIP, outlined in 44 CFR 60.3; however, local communities may adopt more restrictive requirements in their local floodplain ordinance, such as regulating the 0.2% annual chance flood zone (shaded X Zone).

All development within a Special Flood Hazard Area (SFHA) or floodplain, as shown on the locality's Flood Insurance Rate Map (FIRM), must be permitted and comply with the requirements of the local floodplain ordinance.

The NFIP defines development as "any man-made change to improved or unimproved real estate, including but not limited to buildings or other structures, mining, dredging, filling, grading, paving, excavation or drilling operations or storage of equipment or materials." (44 CFR 59.1)

The NFIP defines Special Flood Hazard Area (SFHA) as "the land in the flood plain within a community subject to a 1 percent or greater chance of flooding in any given year. The area may be designated as Zone A on the FHBM. After detailed ratemaking 11

Subsequent License Renewal Surry Power Station Units 1 and 2 SEIS, 19-131F has been completed in preparation for publication of the flood insurance rate map, Zone A usually is refined into Zones A, AO, AH, A1-30, AE, A99, AR, AR/A1-30, AR/AE, AR/AO, AR/AH, AR/A, VO, or V1-30, VE, or V. (44 CFR 59.1)

DCR's Floodplain Management Program does not have regulatory authority for projects in the SFHA.

8(c) Requirement. Projects conducted by federal agencies within the SFHA must comply with Executive Order 11988: Floodplain Management. The applicant must contact the local floodplain administrator for an official floodplain determination, and if the project is located in the SFHA, this project must comply with the community's local floodplain ordinance, including receiving a local permit. Failure to comply with the local floodplain ordinance could result in enforcement action from the locality.

To find flood zone information, use the Virginia Flood Risk Information System (VFRIS):

www.dcr.virginia.gov/vfris

9. Wildlife Resources, Fisheries, and Protected Species. According to Section 4.8 of the SEIS, the federally-listed threatened northern long-eared bat, federally-listed endangered Shortnose sturgeon, and federally-listed threatened/endangered Atlantic sturgeon may be affected by the proposed action, but are not likely to be adversely affected.

9(a) Agency Jurisdiction. DGIF, as the Commonwealth's wildlife and freshwater fish management agency, exercises enforcement and regulatory jurisdiction over wildlife and freshwater fish, including state- or federally-listed endangered or threatened species, but excluding listed insects (Virginia Code, Title 29.1). DGIF is a consulting agency under the U.S. Fish and Wildlife Coordination Act (16 U.S.Code §661 et seq.)

and provides environmental analysis of projects or permit applications coordinated through DEQ and several other state and federal agencies. DGIF determines likely impacts upon fish and wildlife resources and habitat, and recommends appropriate measures to avoid, reduce or compensate for those impacts. For more information, see the DGIF website at www.dgif.virginia.gov.

The Virginia Marine Resources Commission (VMRC) (Virginia Code Section 28.2-200 to 28.2-713) also administers fisheries management policies in the Commonwealth of Virginia.

9(b) Agency Findings.

9(b)(i) DGIF Findings.

9(b)(i)(a) Atlantic Sturgeon and Anadromous Fish. Since SPS was licensed and began operation, Atlantic sturgeon, in addition to other wildlife native to Virginia, have been federally listed as an Endangered Species. Therefore, the James River has been 12

Subsequent License Renewal Surry Power Station Units 1 and 2 SEIS, 19-131F designated a Threatened and Endangered Species Water due to presence of Atlantic sturgeon. These fish are known from the river year-round, and to engage in both spring and fall migration and spawning in this reach of the river. These fish also are known to congregate in the James River from Hog Island downstream. In addition, this stretch of the James River, and Lawnes Creek, have been designated an Anadromous Fish Use Areas because of the presence of alewife herring, blueback herring, American shad, striped bass, yellow perch, and hickory shad.

In addition to impingement and entrainment concerns, DGIF is concerned about potential impacts of cooling water discharge upon Atlantic sturgeon. Furthermore, DGIF understands that it is necessary for the applicant to periodically dredge the canal that diverts water from the James River to the cooling water intake, which activity also may impact sturgeon.

9(b)(i)(b) Other Fish and Wildlife Resources. DGIF documents state Endangered peregrine falcons from the project area. Based on the information DGIF currently has, the project is not likely to result in adverse impacts upon peregrine falcons.

Bald eagle nests, roosts, and the James River Bald Eagle Concentration Zone are documented from the project area. Significant habitat alteration, location of water-dependent facilities within concentration zones and/or near nests, or other recreational and commercial activities may result in adverse impacts upon eagles.

DGIF documents colonial waterbird colonies from the project area.

9(b)(ii) VMRC Findings. In a letter dated January 22, 2019, Commission Staff recommended that a comprehensive evaluation of the alternatives in the Draft SEIS be undertaken to ensure compliance with current 316(b) requirements of the Clean Water Act. Further, that any renewal by NRC and DEQ be conditioned on improvements to the existing cooling water intake structure that reflect the best technology available to protect aquatic resources from impingement and entrainment in accordance with 40 CFR Part 125.98. VMRC notes, based on the information in the SEIS, that Dominion's application for renewal does not include a proposal to incorporate any additional intake technologies for reducing impingement and entrainment at the intake, such as 1 millimeter (mm) slot size wedge wire screen, with through slot velocities of 0.25 feet per second, or other best management practices. Nor are other additional mitigation measures contemplated to address anticipated adverse impacts to fishery resources that result from the continued operation of the intake. As such, the Commission Staff agrees with NRC's conclusions (pg 3-17 of the Draft SEIS) that Dominion Energy, at the Surry Power Station, "fails to demonstrate that the proposed license renewal is consistent with and complies with the enforceable policies of the Virginia Coastal Zone Management Program" as Dominion has not illustrated their intent to include any additional measures at the intake screen to protect Virginia's important aquatic fauna.

Additionally, the Commission Staff has not received the final results of the most 13

Subsequent License Renewal Surry Power Station Units 1 and 2 SEIS, 19-131F recent impingement and entrainment study for years 2015 through 2017 but preliminary results were included in the NRC's Environmental Impact Statement. In a letter dated November 13, 2019 to DEQ, VIMS reviewed the preliminary data of the most recent study and has determined the results for the impingement impacts to be incomplete. Of specific concern to VIMS and VMRC is the lack of oyster larvae captured within the survey, in an area of the James River with well documented and valuable oyster resources. Commission Staff is in concurrence with the VIMS review of the survey and is unable to agree that the "NRC staffs line-of-evidence analysis yielded no evidence of noticeable or detectable ecological impairment resulting from impingement of aquatic organisms at Surry." The mortality of the suite of reported species by Dominion, and those that the survey did not capture, have an unknown level of adverse effects on the James River ecosystem and the economically important fisheries of the Commonwealth including anadromous fishes, blue crabs, and oysters.

Collectively, the Commonwealth is observing an increase in raw water intakes in the tidal freshwater reaches of the Chesapeake Bay tributaries. The Commission Staff recognizes that it is difficult to determine the collective impacts that existing intakes, and any new additions have on fisheries resources. However, VMRC believe they contribute to the mortality of anadromous fishes and other fisheries managed by interstate fisheries management plans. Virginia's contribution to the overall mortality of these migratory finfish species is considered annually by the Atlantic States Marine Fisheries Commission and the Mid-Atlantic Fisheries Management Council. This consideration may lead to additional management actions required of Virginia to reduce mortality.

VMRC considers the mortality of aquatic organisms associated with current impingement and entrainment rates at Surry Power Station to have an adverse effect on economically important fisheries of the Commonwealth.

9(b)(iii) VIMS Findings. As discussed above, VIMS expressed concern related to conclusions drawn from data from impingement and entrainment studies due to the large screen size at the facility. Refer to the attached letter dated November 13, 2019 for details.

VIMS is unable to agree with the stated conclusions that "The NRC staff's line-of-evidence analysis yielded no evidence of noticeable or detectable ecological impairment resulting from impingement or entrainment of aquatic organisms at Surry." The extrapolation of these data to ecosystem-level impacts cannot be done given the methods and limits of the reported studies. VIMS consider the mortality of the suite of reported species (and likely species not collected) to have an unknown level of adverse effect on the James River ecosystem. Longer term and broader studies are necessary to determine overall environmental effects.

14

Subsequent License Renewal Surry Power Station Units 1 and 2 SEIS, 19-131F 9(b)(iv) VDH Division of Shellfish Safety Findings. VDH noted that the project will not affect shellfish growing waters.

9(c) DGIF Recommendation. To protect resident aquatic species including the federally-listed Endangered Atlantic sturgeon and other anadromous fishes from impingement and entrainment, DGIF recommends that the applicant consider redesign/retrofitting of the cooling water intake on the James River to take advantage of currently best technology available (BTA).

DGIF notes that NRC may engage in consultation with the U.S. Fish and Wildlife Service (USFWS) and NOAA Fisheries Service to address potential impacts of this project on Atlantic sturgeon, and that USFWS has expressed interest in DGIF's input to that process. DGIF gladly would participate in such discussions, and believe such consultation may offer the best path toward determination of appropriate measures, if any, that are needed to ensure continued protection of Atlantic sturgeon and other resident aquatic species. Such measures could include intake screen mesh or design, intake velocity restrictions, or time-of-year restrictions on certain dredging or instream construction activities. Though DGIF would anticipate mutual agreement among the agencies regarding any measures that may be appropriate, until such issues are resolved, DGIF cannot determine the likely impacts of relicensing and continued operations on these fishery resources.

Other Fish and Wildlife Resources.

• Coordinate with the USFWS regarding potential impacts upon federally Threatened northern long-eared bats associated with any tree removal associated with upland development on site.

• DGIF recommends that the applicant ensure that this project is consistent with state and federal guidelines for protection of bald eagles and that they coordinate as appropriate with the U.S. Fish and Wildlife Service regarding possible impacts upon bald eagles or the need for a federal bald eagle incidental take permit. Refer to the following webpage for bald eagle guidelines:

https://www.dqif.virginia.qov/wp-content/uploads/virginia-bald-eagle-guidelines-for-landowners.pdf

• To best protect colonial waterbird colonies associated with upland development at SPS, DGIF recommends that any colonies located on site be mapped and that an undisturbed, naturally vegetated buffer of 500 ft be maintained around each colony. DGIF recommends that any significant construction activities within 0.25 mile of any colony adhere to a time-of-year restriction from February 15 through June 15 of any year.

9(d) VMRC Recommendation. VMRC requests that the NRC license renewal be contingent upon the addition of the best technology available or any other additional mitigation measures necessary to address impacts to Virginia's important fishery resources.

15

Subsequent License Renewal Surry Power Station Units 1 and 2 SEIS, 19-131F 9(e) VIMS Recommendation. To reduce the adverse impacts to James River aquatic fauna from operation of this facility to the maximum extent possible VIMS recommends strong consideration of using 1 millimeter slot size wedge wire screen intakes, with through slot velocities at or as close to 0.25 feet per second as is possible. This combination of slot size and through slot velocity is shown to be an effective limit of technology application for maximum protection from impingement and entrainment mortality

10. Public Water Supply. The SEIS does not indicate that public water supplies will be affected by the proposed action.

10(a) Agency Jurisdiction. The Virginia Department of Health (VDH) Office of Drinking Water reviews projects for the potential to impact public drinking water sources (groundwater wells, springs and surface water intakes). VDH administers both federal and state laws governing waterworks operation.

10(b) Agency Findings. VDH-ODW found the following public groundwater wells to be located within a 1,000-foot radius of the project site:

PWS ID Number City/County System Name Facility Name 3181800 SURRY SURRY POWER STATION WELL B INSIDE GATE WELL E WAREHOUSE 3181800 SURRY SURRY POWER STATION ROAD W WELL C HIGH LEVEL 3181800 SURRY SURRY POWER STATION ROAD EAST VA POWER 3181802 SURRY WELL 1 CONSTRUCTION SITE There are no surface water intakes located within a 5-mile radius of the project site. The project is not within the watershed of any public surface water intakes.

10(c) Requirement. Potential impacts to public water distribution systems or sanitary sewage collection systems must be verified by the local utility.

10(d) Agency Recommendations. Utilize Best Management Practices (BMPs) including erosion and sedimentation controls and spill prevention controls and countermeasures on the site. Field-mark the wells within a 1,000-foot radius from the project site to protect them from accidental damage during any future construction activities.

11. Historic and Archeological Resources. The SEIS (page 4-98) indicates that Section 106 consultation is in process. Dominion has procedures and a site-specific 16

Subsequent License Renewal Surry Power Station Units 1 and 2 SEIS, 19-131F cultural resource management plan in place to manage and protect cultural resources at the facility. The license renewal is not expected to adversely affect historic properties.

11(a) Agency Jurisdiction. The Department of Historic Resources (DHR) conducts reviews of projects to determine their effect on historic structures or cultural resources under its jurisdiction. DHR, as the designated State's Historic Preservation Office, ensures that federal actions comply with Section 106 of the National Historic Preservation Act of 1962 (NHPA), as amended, and its implementing regulation at 36 CFR Part 800. The NHPA requires federal agencies to consider the effects of federal projects on properties that are listed or eligible for listing on the National Register of Historic Places. Section 106 also applies if there are any federal involvements, such as licenses, permits, approvals or funding. DHR also provides comments to DEQ through the state environmental impact report review process.

11(b) Agency Findings. The NRC and its agents have been in direct consultation with DHR pursuant to Section 106 of the National Historic Preservation Act regarding this project.

11(c) Requirement. The NRC should continue to consult with DHR pursuant to Section 106 of the National Historic Preservation Act which requires federal agencies to consider the impacts of their projects on historic properties.

12. Pollution Prevention. DEQ advocates that principles of pollution prevention and sustainability be used in all construction projects as well as in facility operations.

Effective siting, planning, and on-site BMPs will help to ensure that environmental impacts are minimized. However, pollution prevention and sustainability techniques also include decisions related to construction materials, design, and operational procedures that will facilitate the reduction of wastes at the source.

12(a) Recommendations. We have several pollution prevention recommendations that may be helpful for future construction at the facility and general operations:

• Consider development of an effective Environmental Management System (EMS). An effective EMS will ensure that the proposed facility is committed to complying with environmental regulations, reducing risk, minimizing environmental impacts, setting environmental goals, and achieving improvements in its environmental performance. DEQ offers EMS development assistance and recognizes facilities with effective Environmental Management Systems through its Virginia Environmental Excellence Program (VEEP). VEEP provides recognition, annual permit fee discounts, and the possibility for alternative compliance methods.

• Consider environmental attributes when purchasing materials. For example, the extent of recycled material content, toxicity level, and amount of packaging should be considered and can be specified in purchasing contracts.

17

Subsequent License Renewal Surry Power Station Units 1 and 2 SEIS, 19-131F

• Consider contractors commitment to the environment (such as an EMS) when choosing contractors. Specifications regarding raw materials and construction practices can be included in contract documents and requests for proposals.

• Choose sustainable materials and practices for infrastructure construction and design, including choosing materials that contain recycled materials.

DEQ's Office of Pollution Prevention provides information and technical assistance relating to pollution prevention techniques and EMS. For more information, contact DEQ's Office of Pollution Prevention, Meghann Quinn at (804) 698-4021.

13. Local and Regional Review.

13(a) Regional Planning District Review. In accordance with the Virginia Code,

§15.2-4207, planning district commissions encourage and facilitate local government cooperation and state-local cooperation in addressing, on a regional basis, problems of greater than local significance. The cooperation resulting from this is intended to facilitate the recognition and analysis of regional opportunities and take account of regional influences in planning and implementing public policies and services. Planning district commissions promote the orderly and efficient development of the physical, social and economic elements of the districts by planning, and encouraging and assisting localities to plan, for the future.

13(b) Regional Comments. The Crater Planning District Commission reviewed the NRC's proposed license renewal for the Surry Power Station Units 1 and 2 for an additional 20 years. The Crater Commission has determined that the project is in full compliance with regional environmental policies and plans.

14. Errors in SEIS. The DEQ Office of Water Supply provided comments on a number of errors identified in the SEIS.

• Section 3.5.1.3, page 3-47: The statement is made (lines 25-28) that, at the time of publication of the SEIS, DEQ "...has not provided documentation to Dominion that Surry remains exempt from Virginia Water Protection/401 certification requirements or provided Section 401 certification." DEQ provided the letter to Dominion on September 13, 2019 (see attached).

• Section 3.13.1: Page 3-3: The sentence beginning on line 27 states "Water returns to the James River approximately 5.7mi (9.2 km) downstream of the intake, see Figure 3-3 (Dominion 2018b)." Figure 3.3, and the previous sentence regarding the location of the intakes, show that the discharge point is located upstream of the intake. This statement should be corrected or clarified.

• Section 3.1.3.2: page 3-7, line 2: states that water is supplied via three on-site wells. This appears to be incorrect. Dominion regularly reports water withdrawals from 7 permitted wells in compliance with groundwater withdrawal permit GW0003901. Five of these wells supply the Surry nuclear power station 18

Subsequent License Renewal Surry Power Station Units 1 and 2 SEIS, 19-131F facility, as described in Section 3.5.2.2. The other two supply water to the adjacent Gravel Neck Combustion Turbine Station.

• Section 3.5.2, page 3-51: The last paragraph in this section mischaracterizes the Potomac aquifer and contains an error regarding the Columbia aquifer. The sentences on lines 9-12 state "The Potomac aquifer is commonly characterized as having three distinct zones. These zones are separated from each other by confining units. From the bottom up, these zones are the Lower Potomac aquifer, the Middle Potomac aquifer, and the Upper Potomac aquifer." This characterization is out-of-date. The most up-to-date characterization of the Potomac aquifer (USGS Professional Paper 1731) defines the Potomac aquifer as a heterogenous aquifer that is hydraulically continuous on a regional scale, with local discontinuities where flow is impeded by fine-grained interbeds. The next sentence in this paragraph states that, together, these three zones comprise the Columbia aquifer. This statement is incorrect. As explained earlier in the same section, the Columbia aquifer is the uppermost, unconfined aquifer in the coastal plain aquifer system. Professional Paper 1731 is not referenced in this paragraph, but is referenced elsewhere in the SEIS in sections describing the regional hydrogeology.

REGULATORY AND COORDINATION NEEDS

1. Wetlands and Surface Waters. Should any impacts to wetlands or streams become necessary during the new license term, Dominion should coordinate with DEQ PRO Jaime Robb (804-527-5086) regarding the possible need to obtain a DEQ VWP permit.

2. Erosion and Sediment Control and Stormwater Management.

2(a) Erosion and Sediment Control and Stormwater Management. This project must comply with Virginia's Erosion and Sediment Control Law (Virginia Code § 62.1-44.15:61) and Regulations (9 VAC 25-840-30 et seq.) and Stormwater Management Law (Virginia Code § 62.1-44.15:31) and Regulations (9 VAC 25-870-210 et seq.) as administered by DEQ. Activities that disturb equal to or greater than 2,500 square feet in a Chesapeake Bay Preservation Area would be regulated by VESCL&R and VSWML&R. Erosion and sediment control, and stormwater management requirements should be coordinated with the locality (Surry County Planning and Community Development, 757-294-5210).

2(b) Virginia Stormwater Management Program General Permit for Stormwater Discharges from Construction Activities (VAR10). For projects involving land-disturbing activities of equal to or greater than one acre the project owner is required to register for coverage under the Virginia Stormwater Management Program General Permit for Discharges of Stormwater from Construction Activities (9 VAC 25-870-1 et seq.). Specific questions regarding the Stormwater Management Program requirements should be directed to DEQ, Holly Sepety at (804) 698-4039.

19

Subsequent License Renewal Surry Power Station Units 1 and 2 SEIS, 19-131F

3. Point Source Pollution Control. Should any changes to the facility occur during the license term, Dominion should coordinate with DEQ PRO Joseph Bryan (804-527-5012) regarding the possible need to obtain a VPDES permit modification for the two permits it holds (VA0004090 and VAR106343)

4. Coastal Lands Management. Any future construction in the RMA should adhere to the general performance criteria as specified in 9VAC 25-830-130 of the Chesapeake Bay Preservation Area Designation and Management Regulations and the local ordinance. For additional information contact Daniel Moore (804-698-4520).

5. Air Quality Regulations. Coordinate with DEQ PRO (James Kyle, 804-527-5047) if there are any future changes to the systems at the facility, regarding the possible need for an air permit modification. DEQ PRO may be contacted for more information, questions, and coordination related to air pollution control requirements.

6. Solid and Hazardous Wastes. All solid waste, hazardous waste, and hazardous materials must be managed in accordance with all applicable federal, state, and local environmental regulations. Contact DEQ PRO (Shawn Weimer, 804-527-5028) for information on the location and availability of suitable waste management facilities in the project area or if free product, discolored soils, or other evidence of contaminated soils are encountered.

6(a) Petroleum Releases. If evidence of a petroleum release is discovered during construction, it must be reported to DEQ PRO (804-527-5020).

6(b) Asbestos-Containing Material. It is the responsibility of the owner or operator of a demolition activity to thoroughly inspect the affected part of the facility prior to demolition for the presence of asbestos, including Category I and Category II nonfriable asbestos-containing material. Upon classification as friable or non-friable, all asbestos-containing material shall be disposed of in accordance with the Virginia Solid Waste Management Regulations (9VAC 20-80-640) and transported in accordance with the Virginia regulations governing Transportation of Hazardous Materials (9VAC 20-110-10 et seq.). Contact DEQ PRO (Shawn Weimer, 804-527-5028) for additional information.

6(c) Lead-Based Paint. This project must comply with the U.S. Department of Labor, Occupational Safety and Health Administration (OSHA) regulations and with the Virginia Lead-Based Paint Activities Rules and Regulations. For additional information regarding these requirements, contact the Department of Professional and Occupational Regulation (804-367-8500).

7. Natural Heritage Resources. Contact DCR-DNH, Rene Hypes at (804) 371-2708, to secure updated information on natural heritage resources if the scope of the project changes and/or six months has passed before the project is implemented, since new and updated information is continually added to the Biotics Data System.

20

Subsequent License Renewal Surry Power Station Units 1 and 2 SEIS, 19-131F

8. Floodplain Management. The project must to be in compliance with the Surry County's local floodplain ordinance. Coordinate with the local floodplain administrator for an official floodplain determination of the project area and to ensure compliance with the local ordinance.

To find local floodplain administrator contact information, use DCR's Local Floodplain Management Directory: www.dcr.virginia.gov/dam-safety-and-floodplains/floodplain-d i rectory.

9. Historic Resources. The NRC should continue to coordinate directly with DHR (Roger Kirchen, 804-482-6091) pursuant to Section 106 of the National Historic Preservation Act (as amended) and its implementing regulations codified at 36 CFR Part 800 which require Federal agencies to consider the effects of their undertakings on historic properties.

10. Wildlife Resources, Fisheries, and Protected Species. Coordinate with DGIF (Amy Ewing, 804-367-2211) regarding its recommendations related to protection of the federally-listed endangered Atlantic sturgeon and other anadromous fishes from impingement and entrainment.

Include DGIF and NOAA Fisheries Service (804-684-7382) in discussions with the NRC and FWS regarding the potential impacts of this project on the Atlantic sturgeon.

Continue to coordinate with DGIF until a determination on the likely impacts of relicensing and continued operations of the facility can be made.

Coordinate as appropriate with the U.S. FWS (Troy Andersen, troy_andersen@fws.gov) regarding possible impacts upon bald eagles or the need for a federal bald eagle incidental take permit. Contact DGIF, Amy Ewing at (804) 367-2211, with questions regarding its recommendations for other wildlife species, including waterbird colonies.

Contact VMRC (Tony Watkinson, 757-247-2250) and VIMS (Rachael Peabody, 757-247-8027) with questions related to their findings or recommendations.

Thank you for the opportunity to review and respond to the Draft SEIS for the Subsequent License Renewal for Surry Power Station, Units 1 and 2, proposed by the NRC in Surry County, VA. Detailed comments of reviewing agencies are attached for your review. Please contact me at (804) 698-4204 or Janine Howard at (804) 698-4299 for clarification of these comments.

Sincerely,

-504-Bettina Rayfield, Program Manager Environmental Impact Review 21

Subsequent License Renewal Surry Power Station Units 1 and 2 SEIS, 19-131F Ec: Robbie Rhur, DCR Amy Ewing, DGIF Arlene Warren, VDH Roger Kirchen, DHR Emily Hein, VIMS Tony Watkinson, VMRC Heather Williams, VDOT Ben McFarlane, HRPDC Dennis Morris, Crater PDC Tyrone Franklin, Surry County Tam Tran, NRC 22

DEPARTMENT OF ENVIRONMENTAL QUALITY DIVISION OF AIR PROGRAM COORDINATION ENVIRONMENTAL REVIEW COMMENTS APPLICABLE TO AIR QUALITY TO: Janine L. Howard We thank OEIR for providing DEQ-AIR an opportunity to review the following project:

Document Type: Draft Supplemental EIS Project Sponsor: Nuclear Regulatory Commission Project

Title:

Subsequent License Renewal for Surry Power Station Units 1 and 2 (NUREG 1437)

Location: Surry County Project Number: DEQ #19-131F Accordingly, l am providing following comments for consideration.

PROJECT LOCATION: X OZONE ATTAINMENT AREA REGULATORY REQUIREMENTSMAY BE APPLICABLE TO: X LICENSE RENEWAL 0 OPERATION STATE AIR POLLUTION CONTROL BOARD REGULATIONS THAT MAY APPLY:

1. 9 VAC 5-40-5200 C & 9 VAC 5-40-5220 E STAGE l

2. 9 VAC 5-45-760 et seq. Asphalt Paving operations

3. X 9 VAC 5-130 et seq. Open Burning

4. X 9 VAC 5-50-60 et seq. Fugitive Dust Emissions

5. 111 9 VAC 5-50-130 et seq. - Odorous Emissions; Applicable to

6. 0 9 VAC 5-60-300 et seq. Standards of Performance for Toxic Pollutants

7. 9 VAC 5-50-400 Subpart , Standards of Performance for New Stationary Sources, designates standards of performance for the

8. 9 VAC 5-80-1100 et seq. of the regulations Permits for Stationary Sources

9. 9 VAC 5-80-1605 et seq. Of the regulations Major or Modified Sources located in PSD areas. This rule may be applicable to the

10. 0 9 VAC 5-80-2000 et seq. of the regulations New and modified sources located in non-attainment areas

11. [11 9 VAC 5-80-800 et seq. Of the regulations State Operating Permits. This rule may be applicable to COMMENTS SPECIFIC TO THE PROJECT:

}(1/ S

• 106'41"44.."%

.....0.17

1. .

(Kotur S. Narasimhan)

Office of Air Data Analysis DATE: October 31, 2019

Rochelle Altholz Matthew J. Strickler Deputy Director of Secretary of Natural Resources Administration and Finance Clyde E. Cristman Russell W. Baxter Director Deputy Director of Dam Safety & Floodplain Management and Soil & Water Conservation COMMONWEALTH of VIRGINLA Thomas L. Smith DEPARTMENT OF CONSERVATION AND RECREATION Deputy Director of Operations MEMORANDUM DATE: November 18, 2019 TO: Janine Howard, DEQ FROM: Roberta Rhur, Environmental Impact Review Coordinator

SUBJECT:

DEQ 19-131F, Subsequent License Renewal for Surry Power Station Units 1 and 2 Division of Natural Heritage The Department of Conservation and Recreation's Division of Natural Heritage (DCR) has searched its Biotics Data System for occurrences of natural heritage resources from the area outlined on the submitted map.

Natural heritage resources are defined as the habitat of rare, threatened, or endangered plant and animal species, unique or exemplary natural communities, and significant geologic formations.

According to the information currently in Biotics, natural heritage resources have not been documented within the submitted project boundary including a 100-foot buffer. Please note, a predictive model identifying potential habitat for natural heritage resources intersects the project boundary. However, based on DCR biologist's review of the proposed project a survey is not recommended for the resource.

There are no State Natural Area Preserves under DCR's jurisdiction in the project vicinity.

Under a Memorandum of Agreement established between the Virginia Department of Agriculture and Consumer Services (VDACS) and the DCR, DCR represents VDACS in comments regarding potential impacts on state-listed threatened and endangered plant and insect species. The current activity will not affect any documented state-listed plants or insects.

New and updated information is continually added to Biotics. Please re-submit project information and map for an update on this natural heritage information if the scope of the project changes and/or six months has passed before it is utilized.

The Virginia Department of Game and Inland Fisheries (VDGIF) maintains a database of wildlife locations, including threatened and endangered species, trout streams, and anadromous fish waters that may contain information not documented in this letter. Their database may be accessed from http://vafwis.org/fwis/ or contact Ernie Aschenbach at 804-367-2733 or Ernie.Aschenbach@dgiEvirginia.gov. A documented occurrence of a state and federally listed animal is located within the submitted project boundary including a 100-foot buffer. Therefore, DCR recommends continued coordination with NOAA Fisheries and the VDGIF, Virginia's regulatory authority for the management and protection of this species to ensure compliance with protected species legislation.

600 East Main Street, 24th Floor Richmond, Virginia 23219 804-786-6124 State Parks

• Soil and Water Conservation

• Outdoor Recreation Planning Natural Heritage

• Dam Safety and Floodplain Management

• Land Conservation

Division of Dam Safety and Floodplain Management Floodplain Management Program:

The National Flood Insurance Program (NFIP) is administered by the Federal Emergency Management Agency (FEMA), and communities who elect to participate in this voluntary program manage and enforce the program on the local level through that community's local floodplain ordinance. Each local floodplain ordinance must comply with the minimum standards of the NFIP, outlined in 44 CFR 60.3; however, local communities may adopt more restrictive requirements in their local floodplain ordinance, such as regulating the 0.2% annual chance flood zone (shaded X Zone).

All development within a Special Flood Hazard Area (SFHA) or floodplain, as shown on the localitys Flood Insurance Rate Map (FIRM), must be permitted and comply with the requirements of the local floodplain ordinance. As per Executive Memorandum 2-97, development in a floodplain by an agency of the Commonwealth, or by its contractor, shall comply with the locally adopted floodplain management ordinance. Additionally, new state-owned buildings shall not be constructed in the SFHA unless a variance is granted by the Department of General Services. Projects conducted by federal agencies within the SFHA must comply with Executive Order 11988: Floodplain Management.

The NFIP defines development as "any man-made change to improved or unimproved real estate, including but not limited to buildings or other structures, mining, dredging, filling, grading, paving, excavation or drilling operations or storage of equipment or materials." (44 CFR 59.1)

The NFIP defines Special Flood Hazard Area (SFHA) as "the land in the flood plain within a community subject to a 1 percent or greater chance of flooding in any given year. The area may be designated as Zone A on the FHBM. After detailed ratemaking has been completed in preparation for publication of the flood insurance rate map, Zone A usually is refined into Zones A, AO, AH, A1-30, AE, A99, AR, AR/A1-30, AR/AE, AR/A0, AR/AH, AR/A, VO, or V1-30, VE, or V. (44 CFR 59.1)

DCR's Floodplain Management Program does not have regulatory authority for projects in the SFHA. The applicant/developer must contact the local floodplain administrator for an official floodplain determination, and if the project is located in the SFHA, this project must comply with the community's local floodplain ordinance, including receiving a local permit. Failure to comply with the local floodplain ordinance could result in enforcement action from the locality. For state projects, DCR recommends that compliance documentation be provided prior to the project being funded. For federal projects, the applicant/developer is encouraged reach out to the local floodplain administrator and comply with the community's local floodplain ordinance.

To find flood zone information, use the Virginia Flood Risk Information System (VFRIS):

www.dcr.virginia.gov/vfris To find local floodplain administrator contact information, use DCR's Local Floodplain Management Directory: www.dcr.virginia.gov/dam-safety-and-floodplains/floodplain-directory The remaining DCR divisions have no comments regarding the scope of this project. Thank you for the opportunity to comment.

CC: Christine Vaccaro, NOAA Fisheries-Protected Species Division Amy Ewing, VDGIF

VIRGINIA DEPARTMENT OF ENVIRONMENTAL QUALITY MEMORANDUM TO: Janine Howard, DEQ/EIR Environmental Program Planner FROM: Carlos A. Martinez, Division of Land Protection & Revitalization Review Coordinator DATE: November 13, 2019 COPIES: Sanjay Thirunagari, Division of Land Protection & Revitalization Review Manager; file

SUBJECT:

Environmental Impact Review: 19-131F Subsequent License Renewal for Surry Power Station Units 1 and 2 (NUREG 1437) in Surry, Virginia.

The Division of Land Protection & Revitalization (DLPR) has completed its review of the Nuclear Regulatory Commission's October 24, 2019 EIR for Subsequent License Renewal for Surry Power Station Units 1 and 2 (NUREG 1437) in Surry, Virginia.

Solid and hazardous waste issues were not addressed in the submittal. The submittal did not indicate that a search of Federal or State environmental databases was conducted. DLPR staff conducted a search (5000 ft) of the facility area of solid and hazardous waste databases (including petroleum releases) to identify waste sites in close proximity. DLPR identified the following waste sites in close proximity to the Surry Power Station.

Hazardous Waste/RCRA Facilities One (1) SQG handler found

1. Handler ID: VAD000619502, Surry Power Station, 5570 Hog Island Road, Surry, Virginia 23883, Status: Small Quantity Generator.

CERCLA Sites none in close proximity to the facility Formerly Used Defense Sites (FUDS) none in close proximity to the facility Solid Waste none in close proximity to the facility Virginia Remediation Program (VRP) none in close proximity to the facility

Petroleum Releases Four (4) found in close proximity

1. PC Number 20104125, Gravel Neck Combustion Turbine Station, 5208 Hog Island Rd, Surry, Virginia 23883, Release Date: 09/15/2009, Status: Closed.

2. PC Number 19943824, Surry Power Plant, 5570 Hog Island Rd, Surry, Virginia 23883, Release Date: 05/16/1994, Status: Closed.

3. PC Number 19891209, Surry Power Plant, 5570 Hog Island Rd, Surry, Virginia 23883, Release Date: 03/31/1989, Status: Closed.

4. PC Number 19931478, Virginia Power Surry Power Station, 5570 Hog Island Rd, Surry, Virginia 23883, Release Date: 02/03/1993, Status: Closed.

Please note that the DEQ's Pollution Complaint (PC) cases identified should be further evaluated by the project engineer or manager to establish the exact location, nature and extent of the petroleum release and the potential to impact the proposed project. In addition, the project engineer or inanager should contact the DEQ's Piedmont Regional Office at (804) 527-5020 (Tanks Program) for further information about the PC cases.

Prior to any future development, DLPR staff recommends a search of project areas using the following solid and hazardous waste databases to identify waste sites (including petroleum releases) in close proximity to project areas:

• Environmental Protection Agency (EPA) Comprehensive Environmental Response, Compensation, and Liability Information System (CERCLIS) Database: Superfund Information Systems Information on hazardous waste sites, potentially hazardous waste sites and remedial activities across the nation, including sites that are on the National Priorities List (NPL) or being considered for the NPL:

o www.epa.gov/superfund/sites/cursites/index.htm

• DEQ Online Database: Virginia Environmental Geographic Information Systems Information on Permitted Solid Waste Management Facilities, Impaired Waters, Petroleum Releases, Registered Petroleum Facilities, Permitted Discharge (Virginia Pollution Discharge Elimination System Permits) Facilities, Resource Conservation and Recovery Act (RCRA) Sites, Water Monitoring Stations, National Wetlands Inventory:

o www.deq.virginia.gov/ConnectWithDEQ/VEGIS.aspx

GENERAL COMMENT

S Soil, Sediment, Groundwater, and Waste Management Any soil, sediment or groundwater that is suspected of contamination or wastes that are generated must be tested and disposed of in accordance with applicable Federal, State, and local laws and regulations. Some of the applicable state laws and regulations are: Virginia Waste Management Act, Code of Virginia Section 10.1-1400 et seq.; Virginia Hazardous Waste Management Regulations (VHWMR) (9VAC 20-60); Virginia Solid Waste Management Regulations (VSWMR) (9VAC 20-81); Virginia Regulations for the Transportation of Hazardous Materials (9VAC 20-110). Some of the applicable Federal laws and regulations are:

the Resource Conservation and Recovery Act (RCRA), 42 U.S.C. Section 6901 et seq., and the applicable regulations contained in Title 40 of the Code of Federal Regulations; and the U.S.

Department of Transportation Rules for Transportation of Hazardous Materials, 49 CFR Part 107.

Asbestos and/or Lead-based Paint All structures being demolished/renovated/removed should be checked for asbestos-containing materials (ACM) and lead-based paint (LBP) prior to demolition. If ACM or LBP are found, in addition to the federal waste-related regulations mentioned above, State regulations 9VAC 20-81-620 for ACM and 9VAC 20-60-261 for LBP must be followed. Questions may be directed to the DEQ's Piedmont Regional Office at (804) 527-5020.

Pollution Prevention Reuse - Recycling Please note that DEQ encourages all construction projects and facilities to implement pollution prevention principles, including the reduction, reuse, and recycling of all solid wastes generated.

All generation of hazardous wastes should be minimized and handled appropriately.

If you have any questions or need further information, please contact Carlos A. Martinez by phone at (804) 698-4575 or email carlos.martinez@deq.virginia.gov.

COMMONWEALTH of VIRGINIA DEPARTMENT OF ENVIRONMENTAL QUALITY Street address: 1111 East Main Street, Suite 1400, Richmond, VA 23219 Matthew J. Strickler Mailing address: P.O. Box 1105, Richmond, Virginia 23218 David K. Paylor Secretary of Natural Resources www.deq.virginia.gov Director (804) 698-4000 MEMORANDUM 1-800-592-5482 TO: Janine Howard, Secretary, DEQ Environmental Impact Review Coordinator FROM: Heather Mackey, DEQ Principal Environmental Planner DATE: November 20, 2019

SUBJECT:

DEQ 19-131S: NRC Suny Power Station, Unit Nos. 1 and 2 Relicensing Surry County We have reviewed the scoping letter and submitted information for the proposed project and offer the following comments regarding consistency with the provisions of the Chesapeake Bay Preservation Area Designation and Management Regulations (Regulations).

In Surry County, the areas protected by the Chesapeake Bay Preservation Act, as locally implemented, require conformance with performance criteria. These areas include Resource Protection Areas (RPAs) and Resource Management Areas (RMAs) as designated by the local government. RPAs include tidal wetlands, certain non-tidal wetlands and tidal shores. RPAs also include a 100-foot vegetated buffer area located adjacent to and landward of these features and along both sides of any water body with perennial flow. RMAs, which require less stringent performance criteria, consist of all remaining areas within Surly County that are located within the James River watershed. The existing Surry Power Station is located within the James River watershed and all areas of the site not otherwise designated as RPA have been designated as RMA.

Section 9VAC-25-830-150.B.1 of the Regulations exempts the "construction, installation, operation, and maintenance of electric transmission lines and their appurtenant structures, provided such construction, installation, operation, and maintenance is conducted in accordance with regulations promulgated pursuant to the Erosion and Sediment Control Law and the Virginia Stormwater Management Act, including submission of an erosion and sediment control plan and a stormwater management plan approved by the Department of Environmental Quality, or local water quality protection criteria at least as stringent as the above state requirernents.

Provided the above conditions are met, the proposed activity would be consistent with the Regulations and the Chesapeake Bay Preservation Act.

MEMORANDUM DEPARTMENT OF ENVIRONMENTAL QUALITY Piedmont Regional Office 4949-A Cox Road Glen Allen, VA 23060 804/527-5020 TO: Janine Howard Environmental Program Planner FROM: Kelley West Environmental Planner DATE: November 15, 2019

SUBJECT:

Subsequent License Renewal for Surry Power Station Units 1 and 2 (NUREG 1437)

(19-131F).

I have reviewed the Draft Supplemental EIS for the above referenced project by which Dominion Energy Virginia is applying to the NRC for the renewal of the operating licenses for the two nuclear generating units of Surry Power Station for an additional 20 years. Surry Power Station is located in Surry, Virginia. My comments are as follows:

Water: DEQ has regulatory authority for the Virginia Pollutant Discharge Elimination System (VPDES) programs related to municipal separate storm sewer systems (MS4s) and construction activities. Erosion and sediment control measures are addressed in local ordinances and State regulations. Additional information is available at http://www.deq.virginia.gov/Programs/Water/StormwaterManagement.aspx. Non-point source pollution resulting from this project should be minimized by using effective erosion and sediment control practices and structures. Consideration should also be given to using permeable paving for parking areas and walkways where appropriate and denuded areas should be promptly revegetated following construction work. If the total land disturbance exceeds 10,000 square feet, an erosion and sediment control plan will be required. Some localities also require an E&S plan for disturbances less than 10,000 square feet. A Stormwater Management Plan may also be required. For any land disturbing activities equal to one acre or more, you are required to apply for coverage under the VPDES General Permit for Discharges of Storm Water from Construction Activities. The Virginia Stormwater Management Permit (VSMP) Authority may be DEQ or the locality. In this case, DEQ is the VSMP authority. Specific questions regarding the Stormwater Management Program requirements should be directed to DEQ. If you have any questions regarding the program then please contact Jaime Robb at DEQ-PRO (804) 527-5086.

Currently Surry Power Station has two VPDES permits through DEQ, the permit numbers are VAR106343(stormwater general permit) and VA0004090 (VPDES industrial individual permit). If there are any intended changes to the systems a permit modification may be required, please contact Joseph Bryan at (804) 527-5012.

Water-Wetlands: During the new license term if any impacts occur to streams or wetland features a Virginia Water Protection (VWP) permit may be needed. DEQ-PRO recommends that all construction activities avoid wetlands and streams to the maximum extent possible. For any questions

or additional information concerning VWP Permit requirements, please contact Jaime Robb at DEQ-PRO (804) 527-5086.

Mr: Dominion Energy has a Title V permit (PR050336) DEQ-PRO recommends all actions shall operate in a manner consistent with air pollution control practices for minimizing emissions, especially during periods of high ozone. Fugitive dust should be kept to a minimum, (9 VAC5 60). If there are any intended changes to the systems a permit modification may be required, please contact James Kyle at (804) 527-5047.

Waste: The generation or recovery of any hazardous waste materials should be tested and removed in accordance with the Virginia Hazardous Waste Management Regulations (9 VAC 20-60) and/or the Virginia Solid Waste Management Regulations (9 VAC 20-81). Please understand that it is the generator's responsibility to determine if a solid waste meets the criteria of a hazardous waste and as a result be managed as such. In addition, asbestos waste, lead waste, or contaminated residues generated must be handled and disposed of in accordance with the VSWMR or VHWMR as applicable. DEQ recommends that pollution prevention principles be implemented to reduce the amount of wastes at the source, such as the re-use and recycling of construction waste materials. If you have any questions concerning hazardous/solid waste management, please contact Shawn Weimer at (804)527-5055.

10/28/2019 Commonwealth of Virginia Mail - OEIR Review Commonwealth of Howard, Janine lanine.howard©deq.virginia.gov>

Virginia OEIR Review 1 message Dennis Morris <dmorris©craterpdc.org> Fri, Oct 25, 2019 at 10:35 AM To: Janine.Howard©deq.virginia.gov Ms. Howard, The Crater Planning District Commission has reviewed the information regarding the NRC's proposal License Renewal for the Surry Power Station Units 1 and 2 for an additional 20 years.

The Crater Commission has determined that the project is in full compliance with regional environmental policies and plans.

Thank you for allowing the Crater Commission to comment on this proposed Application.

Denny Morris Executive Director Crater Planning District Commission (804) 861-1666 https://mail.google.com/mail/u/0?ik=44c048db89&view=pt&search=all&permthid=thread-f%3A1648376366398846513%7Cmsg-f%3A1648376366398... 1/1

11/21/2019 Commonwealth of Virginia Mail - ESSLog# 38468_19-131S_SurryRelicensing_DGIF_AME20191120 Commonwealth of A # Virginia Howard, Janine lanine.howard©deq.virginia.gov>

ESSLog# 38468_19-131S_SurryRelicensing_DGIF_AME20191120 1 message Ewing, Amy <amy.ewing©dgif.virginia.gov> Wed, Nov 20, 2019 at 5:29 PM To: Janine Howard lanine.howard©deq.virginia.gov>

Janine, As you know and as in stated in the Generic EIS for this project, since SPS was licensed and began operation, Atlantic sturgeon, in addition to other wildlife native to VA, have been federally listed as an Endangered Species. Therefore, the James River has been designated a Threatened and Endangered Species Water due to presence of Atlantic sturgeon. These fish are known from the river year-round, and to engage in both spring and fall migration and spawning in this reach of the river. These fish also are known to congregate in the James River from Hog Island downstream. In addition, this stretch of the James River, and Lawnes Creek, have been designated Anadromous Fish Use Areas because of the presence of alewife herring, blueback herring, American shad, striped bass, yellow perch, and hickory shad. To protect resident aquatic species including federally Endangered Atlantic sturgeon and other anadromous fishes from impingement and entrainment, we recommend that the applicant consider redesign/retrofitting of the cooling water intake on the James River to take advantage of currently best technology available (BTA). In addition, we are concerned about potential impacts of cooling water discharge upon Atlantic sturgeon. Furthermore, we understand that it is necessary for the applicant to periodically dredge the canal that diverts water from the James River to the cooling water intake, which activity also may impact sturgeon. We note that NRC may engage in consultation with the U.S. Fish and Wildlife Service and NOAA Fisheries Service to address potential impacts of this project on Atlantic sturgeon, and that USFWS has expressed interest in our input to that process. We gladly would participate in such discussions, and believe such consultation may offer the best path toward determination of appropriate measures, if any, that are needed to ensure continued protection of Atlantic sturgeon and other resident aquatic species. Such measures could include intake screen mesh or design, intake velocity restrictions, or time-of-year restrictions on certain dredging or instream construction activities. Though we would anticipate mutual agreement among the agencies regarding any measures that may be appropriate, until such issues are resolved, we cannot determine the likely impacts of relicensing and continued operations on these fishery resources.

Regarding other fish and wildlife resources under our jurisdiction, we offer the following additional comments:

(1) We recommend coordination with the USFWS regarding potential impacts upon federally Threatened northern long-eared bats associated with any tree removal associated with upland development on site.

(2) We document state Endangered peregrine falcons from the project area. Based on the information we currently have, we do not believe this project is likely to result in adverse impacts upon peregrine falcons.

However, we recommend the applicant consider this species as one that may be encountered onsite, especially as they could be impacted by future site development.

(3) We document bald eagle nests, roosts, and the James River Bald Eagle Concentration Zone from the project area. Significant habitat alteration, location of water-dependent facilities within concentration zones and/or near nests, or other recreational and commercial activities may result in adverse impacts upon eagles.

Therefore, we recommend that the applicant ensure that this project is consistent with state and federal guidelines for protection of bald eagles; and that they coordinate as appropriate with the U.S. Fish and Wildlife Service regarding possible impacts upon bald eagles or the need for a federal bald eagle incidental take permit.

(4) We document colonial waterbird colonies from the project area. To best protect these resource associated with upland development at SPS, we recommend that any colonies located on site be mapped and that an undisturbed, naturally vegetated buffer of 500ft be maintained around each colony. We recommend that any https://mail.google.com/mail/u/O?ik=44c048db89&view=pt&search=all&permthid=thread-f%3A1650761652023371766%7Cmsg-f%3A1650761652023... 1/2

11/21/2019 Commonwealth of Virginia Mail - ESSLog# 38468_19-131S_SurryRelicensing_DGIF_AME20191120 significant construction activities within 0.25 mile of any colony adhere to a time-of-year restriction from February 15 through June 15 of any year.

(5) This project is located within 2 miles of a documented occurrence of a state or federal threatened or endangered plant or insect species and/or other Natural Heritage coordination species. Therefore, we recommend coordination with VDCR-DNH regarding the protection of these resources.

Thank you for this opportunity to review the Generic EIS for this project; we look forward to resolving these issues through consultation with the appropriate federal and state agencies.

Amy

/(iit Amy Ewing Environmental Services Biologist Manager, Fish and Wildlife Information Services VIRGINIA P 804.367.2211 DGIF Virginia Department of Game & Inland Fisheries CONSERVE. CONNECT PROTECT A 7870 Villa Park Drive, P.O. Box 90778, Henrico, VA 23228 www.dgif.virginia.gov https://mail.google.com/mail/u/O?ik=44c048db89&view=pt&search=all&permthid=thread-f%3A1650761652023371766%7Cmsg-f%3A1650761652023... 2/2

11/20/2019 Commonwealth of Virginia Mail - Re: NEW PROJECT NRC Subsequent License Renewal for Surry Power Station Units 1 & 2, DEQ #19...

, Commonwealth of Howard, Janine lanine.howard@deq.virginia.gov>

A4 Virginia Re: NEW PROJECT NRC Subsequent License Renewal for Surry Power Station Units 1 & 2, DEQ #19-131S 1 message Kirchen, Roger <roger.kirchen@dhr.virginia.gov> Wed, Nov 20, 2019 at 5:25 PM To: "Howard, Janine" <janine.howard@deq.virginia.gov>

DHR has been in direct consultation with the NRC regarding this project and request that the NRC continue consultation with our office pursuant Section 106 of the National Historic Preservation Act which requires federal agencies to consider the impacts of their projects on historic properties.

Roger W. Kirchen, Director Review and Compliance Division Department of Historic Resources 2801 Kensington Avenue Richmond, VA 23221 phone: 804-482-6091 www.dhr.virginia.gov On Wed, Nov 20, 2019 at 5:11 PM Howard, Janine <janine.howard@deq.virginia.gov> wrote:

Good Evening, If you have comments on this project please submit them ASAP for inclusion in the state response to the Nuclear Regulatory Commission.

Thank you, Janine Howard Environmental Impact Review Coordinator Virginia Department of Environmental Quality 1111 East Main Street, Suite 1400 Richmond, VA 23219 804-698-4299 For program updates and public notices please subscribe to Constant

Contact:

https://lp.constantcontact.com/su/

MVcCump/EIR On Thu, Oct 24, 2019 at 1:42 PM Fulcher, Valerie <valerie.fulcher@deq.virginia.gov> wrote:

Good afternoon - this is a new OEIR review request/project:

Document Type: Draft Supplemental EIS Project Sponsor: Nuclear Regulatory Commission Project

Title:

Subsequent License Renewal for Surry Power Station Units 1 and 2 (NUREG 1437)

Location: Surry County Project Number: DEQ #19-131S The document is available at https://www.nrc.gov/docs/ML1927/ML19274C676.pdf or in Fileshare in the NRC folder (www.deq.virginia.gov/fileshare/oeir).

https://mail.google.com/mail/u/0?ik=44c048db89&view=pt&search=all&permthid=thread-f%3A1648297470134384763%7Cmsg-f%3A1650761385301... 1/2

COMMONWEALTH of VIRGINIA Marine Resources Commission 3B6 Fenwick Road Mat thew J. Striekter Bldg 96 Stevan G Bowman Secretary of Natural kes mimes Fort Monroe, VA 23651-1064 Commissioner November 20, 2019 Depai fluent of Environmental Quality Attn: Janine Howard 1111 East Main St.

Richmond, VA 23219 Re: Draft Supplemental EIS Subsequent License Renewal for Surry Power Station Units 1 and 2 (NUREG 1437)

DEQ #19-131F

Dear Ms. Howard:

This will respond to the request by the Virginia Department of Environmental Quality (DEQ) for comments regarding the Draft Supplemental Environmental Impact Statement (SEIS) for the Subsequent License Renewal for Surry Power Station Units 1 and 2 Project (DEQ #19-131F), prepared by the U.S. Nuclear Regulatory Commission (NRC), Office of Nuclear Reactor Regulation.

Specifically, the NRC has requested comments for renewal of its license for Surry Power Station Units 1 and 2 in Surry County, Virginia, managed by Dominion Energy.

Please be advised that the Virginia Marine Resources Commission (Commission) serves as steward of Virginia's marine and aquatic resources, and protectors of its tidal waters and homelands for present and future generations. As such, we manage saltwater fisheries and their habitats for the benefits of all citizens of the Commonwealth and the ecosystem.

On February 2, 2018, the DEQ issued a conditional concurrence to Dominion's CZMA consistency package in accordance with 15 CFR 930.4. The consistency was conditioned upon the Department of Game and Inland Fisheries (VDGIF) input and concurrence with intake technology to minimize impacts to fisheries resources. Similarly, in a letter dated January 22, 2019, Commission Staff recommended that a comprehensive evaluation of the alternatives in the Draft SEIS be undertaken to ensure compliance with current 316(b) requirements of the Clean Water Act. Further, that any renewal by NRC and DEQ be conditioned on improvements to the existing cooling water intake structure that reflect the best technology available to protect aquatic resources from impingement and entrainment in accordance with 40 CFR Part 125.98.

We note from the Draft SEIS that Dominion's application for renewal does not include a proposal to incorporate any additional intake technologies for reducing impingement and entrainment at the intake, such as 1 millimeter (mm) slot size wedge wire screen, with through slot velocities of 0.25 feet per second, or other best management practices. Nor are other additional mitigation measures contemplated to address anticipated adverse impacts to fishery resources that result from the continued operation of An Agency of the Natural Resources Secretariat www.mrc.virginia.gov Telephone (757) 247-2200 (757) 247-2292 V/TDD Information and Emergency Hotline 1-800-541-4646 V/TDD

Department of Environmental Quality November 20, 2019 Page Two the intake. As such, the Commission Staff agrees with NRC's conclusions (pg 3-17 of the Draft SEIS) that Dominion Energy, at the Surry Power Station, "fails to demonstrate that the proposed license renewal is consistent with and complies with the enforceable policies of the Virginia Coastal Zone Management Program" as Dominion has not illustrated their intent to include any additional measures at the intake screen to protect Virginia's important aquatic fauna.

Additionally, the Commission Staff has not received the final results of the most recent impingement and entrainment study for years 2015 through 2017 but preliminary results were included in the NRC's Environmental Impact Statement. In their letter to Janine Howard on November 13, 2019, the Virginia Institute of Marine Science (VIMS) reviewed the preliminary data of the most recent study and has determined the results for the impingement impacts to be incomplete. Of specific concern to VIMS and our agency is the lack of oyster larvae captured within the survey, in an area of the James River with well documented and valuable oyster resources. Commission Staff is in concurrence with the VIMS review of the survey and is unable to agree that the "NRC staffs line-of-evidence analysis yielded no evidence of noticeable or detectable ecological impairment resulting from impingement of aquatic organisms at Surry." The mortality of the suite of reported species by Dominion, and those that the survey did not capture, have an unknown level of adverse effects on the James River ecosystem and the economically important fisheries of the Commonwealth including anadromous fishes, blue crabs, and oysters.

Collectively, the Commonwealth is observing an increase in raw water intakes in the tidal freshwater reaches of the Chesapeake Bay tributaries. The Commission Staff recognizes that it is difficult to determine the collective impacts that existing intakes, and any new additions have on fisheries resources. However, we believe they contribute to the mortality of anadromous fishes and other fisheries managed by interstate fisheries management plans. Virginia's contribution to the overall mortality of these migratory finfish species is considered annually by the Atlantic States Marine Fisheries Commission and the Mid-Atlantic Fisheries Management Council. This consideration may lead to additional management actions required of Virginia to reduce mortality.

In conclusion, we request that the NRC license renewal be contingent upon the addition of the best technology available or any other additional mitigation measures necessary to address impacts to Virginia's important fishery resources. Additionally, we consider the mortality of aquatic organisms associated with current impingement and entrainment rates at Surry Power Station to have an adverse effect on economically important fisheries of the Commonwealth.

Department of Environmental Quality November 20, 2019 Page Three If you have any questions please contact me at (757) 247-2250 or by email at tony.watkinson@mrc.virginia.gov. Thank you for the opportunity to comment.

Sincerely, 7

Zny at son Chief, Habitat Management Division TW HM

10/24/2019 Commonwealth of Virginia Mail - Re: NEW PROJECT NRC Subsequent License Renewal for Surry Power Station Units 1 & 2, DEQ #1...

Commonwealth of Howard, Janine <janine.howard@deq.virginia.gov>

Virginia Re: NEW PROJECT NRC Subsequent License Renewal for Surry Power Station Units 1 & 2, DEQ #19-131S 1 message Gavan, Lawrence <larry.gavan@deq.virginia.gov> Thu, Oct 24, 2019 at 2:26 PM To: Janine Howard <janine.howard@deq.virginia.gov>

(a) Agency Jurisdiction. The DEQ administers the nonpoint source pollution control enforceable policy of the VCP through the Virginia Erosion and Sediment Control Law and Regulations (VESCL&R) and Virginia Stormwater Management Law and Regulations (VSWML&R).

(b) Erosion and Sediment Control Plan. The Applicant is responsible for submitting a project-specific erosion and sediment control (ESC) plan to the locality in which the project is located for review and approval pursuant to the local ESC requirements, if the project involves a land-disturbing activity of 10,000 square feet or more (2,500 square feet or more in a Chesapeake Bay Preservation Area). Depending on local requirements the area of land disturbance requiring an ESC plan may be less. The ESC plan must be approved by the locality prior to any land-disturbing activity at the project site. All regulated land-disturbing activities associated with the project, including on and off site access roads, staging areas, borrow areas, stockpiles, and soil intentionally transported from the project must be covered by the project specific ESC plan. Local ESC program requirements must be requested through the locality. [

Reference:

Virginia Erosion and Sediment Control Law §62.1-44.15 et seq.; Virginia Erosion and Sediment Control Regulations 9VAC25-840-10 et seq.]

(c) Stormwater Management Plan. Depending on local requirements, a Stormwater Management (SWM) plan may be required. Local SWM program requirements must be requested through the locality. [

Reference:

Virginia Stormwater Management Act §62.1-44.15 et seq.;

Virginia Stormwater Management (VSMP) Permit Regulations 9VAC25-870-10 et seq.]

(d) General Permit for Stormwater Discharges from Construction Activities (VAR10). DEQ is responsible for the issuance, denial, revocation, termination and enforcement of the Virginia Stormwater Management Program (VSMP) General Permit for Stormwater Discharges from Construction Activities related to municipal separate storm sewer systems (M54s) and construction activities for the control of stormwater discharges from MS4s and land disturbing activities under the Virginia Stormwater Management Program.

The operator or owner of a construction project involving land-disturbing activities equal to or greater than 1 acre is required to register for coverage under the General Permit for Discharges of Stormwater from Construction Activities and develop a project-specific stormwater pollution prevention plan (SWPPP). The SWPPP must be prepared prior to submission of the registration statement for coverage under the General Permit and the SWPPP must address water quality and quantity in accordance with the VSMP Permit Regulations. General information and registration forms for the General Permit are available at http://www.deq.virginia.gov/Programs/Water/

StormwaterManagement/VSMPPermits/ConstructionGeneralPermit.aspx

(

Reference:

VSWML 62.1-44.15 et seq.; VSMP Permit Regulations 9VAC 25-880 et seq.)

On Thu, Oct 24, 2019 at 1:42 PM Fulcher, Valerie <valerie.fulcher@deq.virginia.gov> wrote:

Good afternoon - this is a new OEIR review request/project:

Document Type: Draft Supplemental EIS https://mail.google.com/mail/u/0?ik=44c048db89&view=pt&search=all&permthid=thread-f%3A1648297470134384763%7Cmsg-f%3A1648300263956... 1/3

11/14/2019 Commonwealth of Virginia Mail - Fwd: Surry Power Station Units 1 & 2, DEQ #19-131F Commonwealth of A # Virginia Howard, Janine lanine.howard©deq.virginia.gov>

Fwd: Surry Power Station Units 1 & 2, DEQ #19-131F 1 message Mcgurk, Brian <brian.mcgurk@deq.virginia.gov> Thu, Nov 14, 2019 at 12:47 PM To: Janine Howard <janine.howard@deq.virginia.gov>

Cc: Joe Grist <joseph.grist@deq.virginia.gov>, Kudlas Scott nww60564 <scott.kudlas@deq.virginia.gov>

Janine Listed below are comments from the Office of Water Supply on the Draft Supplemental EIS for the Surry Power Station Units 1 & 2. Note that the first comment refers to an attachment to this email. If you have any questions, please let me know.

Brian Comments:

1. Section 3.5.1.3, page 3-47: The statement is made (lines 25-28) that, at the time of publication of the SEIS, DEQ "...

has not provided documentation to Dominion that Surry remains exempt from Virginia Water Protection/401 certification requirements or provided Section 401 certification." DEQ provided the attached letter to Dominion on September 13, 2019.

2. Section 3.13.1: Page 3-3: The sentence beginning on line 27 states "Water returns to the James River approximately 5.7mi (9.2 km) downstream of the intake, see Figure 3-3 (Dominion 2018b)." Figure 3.3, and the previous sentence regarding the location of the intakes, show that the discharge point is located upstream of the intake. This statement should be corrected or clarified.

3. Section 3.1.3.2: page 3-7, line 2: states that water is supplied via three on-site wells. This appears to be incorrect.

Dominion regularly reports water withdrawals from 7 permitted wells in compliance with groundwater withdrawal permit GW0003901. Five of these wells supply the Surry nuclear power station facility, as described in Section 3.5.2.2. The other two supply water to the adjacent Gravel Neck Combustion Turbine Station.

4. Section 3.5.2, page 3-51: The last paragraph in this section mischaracterizes the Potomac aquifer and contains an error regarding the Columbia aquifer. The sentences on lines 9-12 state "The Potomac aquifer is commonly characterized as having three distinct zones. These zones are separated from each other by confining units. From the bottom up, these zones are the Lower Potomac aquifer, the Middle Potomac aquifer, and the Upper Potomac aquifer."

This characterization is out-of-date. The most up-to-date characterization of the Potomac aquifer (USGS Professional Paper 1731) defines the Potomac aquifer as a heterogenous aquifer that is hydraulically continuous on a regional scale, with local discontinuities where flow is impeded by fine-grained interbeds. The next sentence in this paragraph states that, together, these three zones comprise the Columbia aquifer. This statement is incorrect. As explained earlier in the same section, the Columbia aquifer is the uppermost, unconfined aquifer in the coastal plain aquifer system. Professional Paper 1731 is not referenced in this paragraph, but is referenced elsewhere in the EIS in sections describing the regional hydrogeology.

Brian McGurk, P.G.

Office of Water Supply VA Dept of Environmental Quality 804-698-4180 brian.mcgurk@deq.virginia.gov Forwarded message From: Grist, Joseph <joseph.grist@deq.virginia.gov>

Date: Mon, Oct 28, 2019 at 8:45 AM

Subject:

Fwd: NEW PROJECT NRC Subsequent License Renewal for Surry Power Station Units 1 & 2, DEQ #19-131S To: Brian Mcgurk <brian.mcgurk@deq.virginia.gov>

https://mail.google.com/mail/u/0?ik=44c048db89&view=pt&search=all&permthid=thread-f%3A1650200374404376007%7Cmsg-f%3A1650200374404... 1/3

Connnonwealth of Virginia VIRGINIA DEPARTMENT OF ENVIRONMENTAL QUALITY 1111 E. Main Street, Suite 1400, Richmond, Virginia 23219 PD. Box 1105, Richmond, Virginia 23218 (800) 592-5482 www.deq.virginia.gov Matthew J. Strickler David K. Paylor Secretary of Natural Resources Director (804) 698-4000 September 13, 2019 Amanda B. Tornabene Dominion Energy 5000 Dorninion Boulevard Glen Allen, VA 23060 Surry Nuclear Power Plant Contact, RE: Surry § 401 Certification Acknowledgement

Dear Ms. Tomabene:

The State Water Control Board (Board) at its meeting on November 28, 1967, approved the application from Virginia Electric and Power Company to operate a nuclear power station at Hog Island in Surry County in accordance with a letter and report dated September 11, 1967 from J.D. Ristroph, Manager, Power Production, Virginia Electric and Power Company. Based on that action, Certificate No. 1843 was issued to Virginia Electric and Power Company, Surry Power Station, on December 12, 1967. A memorandum dated September 20, 1967 from Earl R.

Sutherland to the Board describing Virginia Electric and Power Company's September 11, 1967 application stated that: "The proposed power station will consist of two 816 MW nuclear reactor power generating units that will withdraw approximately 3500 cfs (2.26 billion gallons per day) of James River water for condenser cooling purposes."

On January 28, 1972, the Board issued a Certificate of Assurance (No. Ca-1843) based on the Board's action on November 28, 1967. This certificate was issued at the request of Virginia Electric and Power Company in order to comply with Section 21(b) of the Water Quality Improvement Act, Public Law No.91-224 (1970). This law stated that any applicant for a federal license or permit, to conduct any activity which may result in any discharge into the navigable waters of the United States, shall provide the federal licensing or permitting agency a certification from the State in which the discharge originates that there is reasonable assurance that such activity will be conducted in a manner which will not violate applicable water quality standards.

Amanda B. Tomabene September 13, 2019 Page Two DEQ considers Certificate No. 1843, issued December 12, 1967 to be valid for purposes of the surface water withdrawal that is the subject of this Nuclear Regulatory Commission license renewal, until such time as an increase in withdrawal is requested and a new § 401 certification is required by federal and state law. DEQ believes the valid Certificate of Assurance (No. Ca-1843) is equivalent to a § 401 certification and has the same effect. However, pursuant to subsection B of § 62.1-44.15:22 of the Code of Virginia, no Virginia Water Protection Permit shall be required for any water withdrawal in existence on July 1, 1989...a permit shall be required if a new § 401 certification is required to increase a withdrawal. In this case, exceeding the water withdrawal of 2.26 billion gallons per day authorized in the approval of Certificate of Assurance (No. Ca-1843) would require a Virginia Water Protection Permit.

In accordance with its most recent Virginia Pollutant Discharge Elimination System (VPDES) permit (Permit #VA0004090; effective March 1, 2016), Virginia Electric and Power Company shall continue to implement interim Best Technology Available measures to minimize impingement and entrainment mortality of aquatic species at each operating cooling water intake structure. Virginia Electric and Power Company shall also operate each cooling water intake structure in a manner to minimize incidental take, reduce or remove more than minor detrimental effects to Federally-listed threatened, endangered, or fragile species and designated critical habitat, including prey. Please note that nothing in its most recent VPDES permit authorizes take for the purposes of Virginia Electric and Power Company's compliance with the Endangered Species Act.

DEQ's § 401 certification for this license is contingent on Dominion compliance with Certificate No. 1843, including the withdrawal limit of 2.26 billion gallons per day, and impingement and entrainment technology consistent with current and future VPDES permit.

David K. Paylor cc. Jutta Schneider, DEQ Water Planning Division Jeffrey Steers, Director, Central Operations Scott Kudlas, Office of Water Supply, Director Joseph Grist, Water Withdrawal Permitting and Compliance Manager 2

11/15/2019 Commonwealth of Virginia Mail 131 F - Subsequent License Renewal for Surry Power Station Units 1 and 2 (NUREG 1437)

1. Commonwealth of Howard, Janine lanine.howard@deq.virginia.gov>

A Virginia 19-131 F - Subsequent License Renewal for Surry Power Station Units 1 and 2 (NUREG 1437) 1 message Warren, Arlene <ariene.warren@vdh.virginia.gov> Thu, Nov 14, 2019 at 5:36 PM To: Janine Howard <janine.howard@deq.virginia.gov>

Project Name: Subsequent License Renewal for Surry Power Station Units 1 and 2 (NUREG 1437)

Project #: 19-131 F UPC #: N/A Location: Surry County VDH Office of Drinking Water has reviewed the above project. Below are our comments as they relate to proximity to public drinking water sources (groundwater wells, springs and surface water intakes). Potential impacts on public water distribution systems or sanitary sewage collection systems must be verified by the local utility.

The following public groundwater wells are located within a 1-mile radius of the project site (wells within a 1,000-foot radius are formatted in bo d):

PWS ID Number City/County System Name Facility Name 3181802 SURRY VA POWER CONSTRUCTION SITE WELL 1 3181800 SURRY SURRY POWER STATION WELL B INSIDE GATE 3181800 SURRY SURRY POWER STATION WELL E WAREHOUSE ROAD W 3181800 SURRY SURRY POWER STATION WELL C HIGH LEVEL ROAD EAST There are no surface water intakes located within a 5-mile radius of the project site.

The project is not within the watershed of any public surface water intakes.

• Comments from OEHS Division of Shellfish Sanitation, Mr. Adam Wood were "The discharge for the power plant is in Prohibited-NonProductive waters, this means that there are no oysters typically due to low salinity (too far upstream with no oysters present), therefore DSS has no comments. Please accept the attached memo as our non-comment."

• No comments were received from Radiological Health, Mr. Steven Harrison, Director.

• No comments were received from Environmental Epidemiology, Mr. Dwight Flammia.

• No comments were received from OEHS Onsite Sewage & Water Services, Mr. Lance Gregory.

Best Management Practices should be employed, including Erosion & Sedimentation Controls and Spill Prevention Controls & Countermeasures on the project site.

Well(s) within a 1,000-foot radius from the project site should be field marked and protected from accidental damage during construction.

Virginia Department of Health Office of Drinking Water appreciates the opportunity to provide comments. If you have any questions, please let me know.

Best Regards, https://mail.google.com/mail/u/0?ik=44c048db89&view=pt&search=all&permthid=thread-f%3A1650218508315750893%7Cmsg-f%3A1650218508315... 1/2

COMMONWEALTH of VIRGINIA Department o f - Health Division of Shellfish Saftty 109 Guvernor Shutt, OL Floor IA Norman Oliver: MD, MA P BOX 2448 Rh 804-S64-747 Stele Heal-111 Commissioner RCI-IMOND, VA 23218 Fax .$0446,1-740 I MEMORANDUM DATE: 11/5/2019 TO: Janine Howard Department of Environmental Quality FROM: Adam Wood, Growing Area Manager Division of Shellfish Safety Waterborne Hazards Contro

SUBJECT:

Surry Power Station Units 1 & 2 City / County: Surry County Waterbody: James River Type: i] VPDES VMRC VPA VWP n JPA Re] Other USNRC second renewel Application / Permit Number: 19-131S

• The project will not affect shellfish growing waters.

E The project is located in or adjacent to approved shellfish growing waters, however, the activity as described will not require a change in classification.

ri The project is located in or adjacent to condemned shellfish growing waters and the activity, as described, will not cause an increase in the size or type of the existing closure.

E The project will affect condemned shellfish waters and will not cause an increase in the size of the total condemnation. However, a prohibited area (an area from which shellfish relay to approved waters for self-purification is not allowed) will be required within a portion of the currently condemned area. See comments.

A buffer zone (including a prohibited area) has been previously established in the vicinity of this discharge, however, the closure will have to be revised. Map attached.

This project will affect approved shellfish waters. If this discharge is approved, a buffer zone (including a prohibited area) will be established in the vicinity of the discharge. Map attached.

E Other.

ADDITIONAL COMMENTS:

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VMS WILLIAM

& MARY VIRGINIA INSTITUTE OF MARINE SCIENCE Office of Research and Advisory Services November 13, 2019 Janine Howard Office of Environmental Impact Review Virginia Department of Environmental Quality 1111 E. Main Street Richmond, VA 23219

Dear Ms. Howard:

The Virginia Institute of Marine Science (VIMS) has reviewed the License Renewal for Surry Power Station Units 1 and 2 (DEQ #19-131F) and offer the following comments. The scope of these comments are limited to the potential impacts to Bay living resources. Impacts to aquatic fauna from impingement and entrainment are partly interpreted from dated studies with questionable methods upon which to base conclusions (Jordan et al. 1977; Olney 2001); and Jordan et al. state that their data are insufficient to assess impacts on finfish resources from the Surry power station. Other study data are referenced in sections 3.7.5 Aquatic Community of the Lower James River, and 4.7 Aquatic Resources of the renewal documentation. These provide more recent results, but relied heavily on seine, otter trawl, and plankton net collection gear in the general area of this facility. Additionally, the smallest screen size used at the power station to alter the entry of nekton and plankton is 0.125-inch (0.32-cm) by 0.50-inch (1.3-cm) mesh with 0.53-inch (1.34-cm) diagonal openings (reference page 4-30), and is large enough to allow many organisms to pass through and not be enumerated as a part of impingement data. Data from the most recent impingement and entrainment study (2016) is provided, and these data provide a broader and more accurate assessment of impacts than the earlier studies. However, because of the large screen size, we consider the results for impingement impacts to be incomplete. A direct example is the absence of oyster larvae from the supporting data. Oyster resources are present within the tidal excursion area that includes the Surry Power Station intake and outfall, thus oyster larvae surely occur within the local water column as a consequence of these resources.

We are unable to agree with the stated conclusions that "The NRC staff s line-of-evidence analysis yielded no evidence of noticeable or detectable ecological impairment resulting from impingement or entrainment of aquatic organisms at Surry." The extrapolation of these data to ecosystem-level impacts cannot be done given the methods and limits of the reported studies. We consider the mortality of the suite of reported species (and likely species not collected) to have an unknown level of adverse effect on the James River ecosystem. Longer term and broader studies are necessary to determine overall environmental effects.

To reduce the adverse impacts to James River aquatic fauna from operation of this facility to the maximum extent possible we recommend strong consideration of using lmillimeter slot size wedge wire screen intakes, with through slot velocities at or as close to 0.25 feet per second as is possible.

PO Box 1346

• 1375 Greate Road

• Gloucester Point, Virginia 23062-1346 USA 804.684.7482 www.vims.edu

Surry Power Station (DEQ #19-131F) Page 2 This combination of slot size and through slot velocity is shown to be an effective limit of technology application for maximum protection from impingement and entrainment mortality.

Thank you for the opportunity to comment. Please contact me if you have questions or desire additional information.

Sincerely, Lyle Varnell Associate Director for Advisory Services cc: Rachael Peabody, VMRC References Jordan, R. A., Goodwin, P. A., Carpenter, R. K., Merriner, J. V., Estes, A. D., & Dias, R. K. 1977.

Ecological study of the tidal segment of the James River encompassing Hog Point: 1976 final technical report. Special Scientific Report No. 84. Virginia Institute of Marine Science, College of William and Mary. http://dx.doi.org/doi:10.21220/m2-m996-0t74 Olney, J. 2001. Table 1. Pooled catch data (1996 - 2000) by the VIMS trawl survey in the James River near Surry Nuclear Power Plant. Virginia Institute of Marine Science, provided by electronic mail to Tony Banks, Dominion. April 3.

P() Box 1346

• 1375 Greate Road

• Gloucester Point, Virginia 23062-1346 USA 804.684.7482

• www.vims.edu