ND-20-1174, Transmittal of Section 404 Permit Modification
| ML20289A964 | |
| Person / Time | |
|---|---|
| Site: | Vogtle  |
| Issue date: | 10/12/2020 |
| From: | Chamberlain A Southern Nuclear Operating Co |
| To: | Document Control Desk, Office of Nuclear Reactor Regulation |
| Shared Package | |
| ML20289A963 | List: |
| References | |
| ND-20-1174 | |
| Download: ML20289A964 (11) | |
Text
>-
Southern Nuclear Southern Nuclear Operating Company, Inc.
3535 Colonnade Parkway Birmingham, AL 35243 Tel 205.992. 7079 October 12, 2020 Docket Nos.: 52-025 ND-20-1174 52-026 U.S. Nuclear Regulatory Commission ATTN: Document Control Desk Washington, DC 20555-0001 Southern Nuclear Operating Company Vogtle Electric Generating Plant Units 3 and 4 Transmittal of Section 404 Permit Modification Ladies and Gentlemen:
In accordance with Section 3.0 of the Vogtle Electric Generating Plant (VEGP) Units 3 and 4 Environmental Protection Plan, Appendix B to Combined Operating Licenses NPF-91 and NPF-92, respectively, Southern Nuclear Operating Company is submitting a copy of the Modification for U.S. Army Corps of Engineers (USACE) Permit No. SAS-2007-01837. This modification was received electronically on October 1, 2020. contains a copy of the permit modification.
This letter contains no regulatory commitments. This letter has been reviewed and determined not to contain security-related information.
If you have any questions, please contact Ms. Amy Chamberlain at (205) 992-6361.
Respectfully submitted, Amy C. Chamberlain Manager, Regulatory Affairs Southern Nuclear Operating Company
Enclosure:
- 1) Vogtle Electric Generating Plant (VEGP) Units 3 and 4, U.S. Army Corps of Engineers Section 404 Permit No. SAS-2007-01837 Modification
U.S. Nuclear Regulatory Commission ND-20-1174 Page 2 of 3 cc:
Southern Nuclear Operating Company / Georgia Power Company Mr. S. E. Kuczynski (w/o enclosures)
Mr. P. P. Sena III (w/o enclosures)
Mr. M. D. Meier (w/o enclosures)
Mr. G. Chick Mr. S. Stimac Mr. P. Martino Mr. D. L. McKinney (w/o enclosures)
Mr. T. W. Yelverton (w/o enclosures)
Mr. B. H. Whitley Ms. C. A. Gayheart Ms. M. Ronnlund Mr. D. L. Fulton Mr. M. J. Yox Mr. C. T. Defnall Mr. J. Tupik Ms. S. Agee Mr. M. Humphrey Ms. A. C. Chamberlain Mr. S. Leighty Mr. N. Kellenberger Mr. E. Riffle Ms. K. Roberts Mr. J. Haswell Mr. D. T. Blythe Mr. K. Warren Mr. D. J. Cluney Ms. K. S. Dye Mr. A. S. Hendrix Mr. J. M. DeLano Document Services RTYPE: VND.LI.L00 File AR.01.02.06 Nuclear Regulatory Commission Mr. M. King (w/o enclosures)
Ms. M. Bailey w/o enclosures)
Mr. C. Patel Mr. C. Santos Mr. B. Kemker Mr. J. Eargle Mr. G. Khouri Mr. C. J. Even
U.S. Nuclear Regulatory Commission ND-20-1174 Page 3 of 3 Nuclear Regulatory Commission(Continued)
Mr. A. Lerch Mr. S. Walker Mr. N.D. Karlovich Ms. N. C. Coovert Mr. C. Welch Mr. J. Gaslevic Mr. V. Hall Mr. M. Webb State of Georgia Mr. R. Dunn Oglethorpe Power Corporation Mr. M. W. Price Ms. A. Whaley Municipal Electric Authority of Georgia Mr. J. E. Fuller Mr. S. M. Jackson Dalton Utilities Mr. T. Bundros Westinghouse Electric Company, LLC Mr. L. Oriani (w/o enclosures)
Mr. T. Rubenstein (w/o enclosures)
Mr. M. Corletti Mr. D. Hawkins Mr. J. Coward Other Mr. S. W. Kline, Bechtel Power Corporation Ms. L. A. Matis, Tetra Tech NUS, Inc.
Dr. W. R. Jacobs, Jr., Ph.D., GDS Associates, Inc.
Mr. R. L Trokey, Georgia Public Service Commission Mr. K. C. Greene, Troutman Sanders Mr. S. Blanton, Balch Bingham
Southern Nuclear Operating Company ND-20-1174 Enclosure 1 Vogtle Electric Generating Plant (VEGP) Units 3 and 4 U.S. Army Corps of Engineers Section 404 Permit No. SAS-2007-01837 Modification (Enclosure 1 consists of 8 pages, not including this cover page)
ND-20-1174 Transmittal of Section 404 Permit Modification Southern Nuclear Operating Company, Inc.
3535 Colonnade Parkway Birmingham, AL 35243
._ Southern Nuclear Log: ND-EV-20-0831 September 1, 2020 Vogtle Electric Generating Plant Department of the Army Permit SAS-2007-01837 Permit Modification Acknowledgement Mr. Ross Sullivan U. S. Army Corps of Engineers Savannah District Attn: Coastal Branch 100 W. Oglethorpe Ave.
Savannah, GA 31401 Via Email: Roscoe.L.Sullivan@usace.army.mil Mr. Sullivan:
This letter is to confirm that Southern Nuclear Operating Company (SNC) does not have any objections to your letter dated August 28, 2020 authorizing the requested modification for the conversion of 1.4 acres of temporary wetland impacts to permanent impacts. A signed copy of the modification is attached. SNC will initiate the process of purchasing the required wetland mitigation credits and upon completion of the purchase, documentation will be forwarded to you.
If you have any questions or require additional information, please contact Jim DeLano at (205) 992-5419.
Sincerely, Dale L Fulton Environmental Affairs Manager DLF/JMD cc:
K. Dye J. Bourdeau (Wood)
C. Babb (Wood)
Document Control - R-Type: ENV0101 Page 1 of 8
ND-20-1174 Transmittal of Section 404 Permit Modification DEPARTMENT OF THE ARMY U.S. ARMY CORPS OF ENGINEEERS, SAVANNAH DISTRICT 100 W. OGLETHORPE AVENUE SAVANNAH, GEORGIA 31401-3604 August 28, 2020 Regulatory Division SAS-2007-01837 Mr. Jim DeLano Southern Nuclear Operating Company, Inc.
3535 Colonnade Parkway Birmingham, Alabama 35243
Dear Mr. DeLano:
I refer to the letter of May 4, 2020 submitted by you requesting modification of Department of the Army permit number SAS-2007-01837 that was issued on September 29, 2010 and modified on September 29, 2015. This permit authorized the impact to 9.23 acres of wetlands (6.49 acres of permanent impact and 2.74 acres of temporary impacts), 734 linear feet (1.42 acres) along the Savannah River, and 0.07 acres of ephemeral stream necessary for the construction of two new nuclear reactors (Units 3 and 4) and associated infrastructure to include power lines, buildings, water intake structures, access roads and water discharge pipes at the Alvin W. Vogtle Electric Generation Plant operated by the applicant. The project site is located at the existing Plant Vogtle site, along the Savannah River, near the intersection of River Road and Hancock Landing Road, near Waynesboro, in Burke County, Georgia (Latitude 33.1457, Longitude -81.7611).
In accordance with your request, I am hereby authorizing the following modifications to Department of the Army permit number SAS-2007-01837:
AUTHORIZED MODIFICATIONS:
- a. The conversion of 1.4 acres of temporary impacts to Wetland AO to permanent impacts necessary to convert a previously authorized temporary sediment basin shown as Pond RWI-1 on the plan sheet entitled Vogtle Electric Generating Plant Storm Drainage Plan Intake Structure Road Sheet 1 dated June 22, 2018 to a permanent storm water detention basin.
- b. Compensatory Mitigation: Prior to the commencement of any work in jurisdictional waters of the United States (WoUS) necessary to modify the outlet structure of the temporary sedimentation pond to permanent usage or other efforts to document/finalize such a change in use, you will purchase an additional 2.1 wetland mitigation credits.
The required wetland mitigation credits may be purchased from the Phinizy Swamp Phase II mitigation bank. You must provide this office with documentation of this Page 2 of 8
ND-20-1174 Transmittal of Section 404 Permit Modification purchase before any work may commence in WoUS for this project. The notice should reference the Corps file number SAS-2007-01837. If all or a portion of the required credits are not available from the bank listed above, the permittee shall obtain written approval from the Corps prior to purchasing credits from an alternate mitigation bank.
- c. The permit modification will alter the total impacts of the project to the following:
the permanent impact to 7.89 acres of wetlands, the temporary impact to 1.34 acres of wetlands, 734 linear feet (1.42 acres) along the Savannah River, and 0.07 acres of ephemeral stream.
The drawing(s) designated herein supplement and supersede the referenced areas in the original permit drawing(s), enclosures, etc.
This permit modification is subject to the terms and conditions of the original permit and subsequent modifications. You will not depart from the approved location or plans without obtaining prior approval from the Department of the Army.
This authorization does not convey any property rights, either in real estate or material, or any exclusive privileges. It does not authorize any injury to property, invasion of rights, or any infringement of federal, state, local laws, or regulations; nor does it obviate the requirement to obtain State or local assent required by law for the activity described herein. It does not affect your liability for any damages that may be caused by the work.
If this permit modification is agreeable to you, please sign on page 3 and return to us for signature. This permit modification is not valid until signed by the District Engineer or his authorized representative. If we do not receive a signed modification from you within 60 days of the date of this letter, the permit modification will automatically expire.
If you object to this decision due to certain terms and conditions therein, you may request that the permit be modified under our regulations at Title 33 Code of Federal Regulations (CFR) Part 331. Enclosed you will find a Notification of Appeal Process (NAP) Fact Sheet and Request for Appeal (RFA) Form. To request that the permit be modified you must complete Section II of the enclosed form and return the form to the District Engineer at the address shown above.
In order for an RFA to be accepted, the U.S. Army Corps of Engineers must determine that it is complete, that it meets the criteria for appeal under 33 CFR Part 331.5, and that it has been received by the District Engineer within 60 days of the date of the NAP. Should you decide to submit an RFA form, it must be received at the above address by this deadline.
It is not necessary to submit an RFA form to the District Office if you do not object to the permit decision.
Thank you in advance for completing our on-line Customer Survey Form located at http://corpsmapu.usace.army.mil/cm_apex/f?p=regulatory_survey. We value your Page 3 of 8
ND-20-1174 Transmittal of Section 404 Permit Modification comments and appreciate your taking the time to complete a survey each time you have interaction with our office.
If you have any questions, please contact Mr. Ross Sullivan, Project Manager, Coastal Branch, via telephone at 912-652-5618 or email at roscoe.l.sullivan@usace.army.mil.
RUTLIN.WILLIAM Digitally signed by RUTLIN.WILLIAM.M.1390465064
.M.1390465064 Date: 2020.09.02 10:09:10 -04'00' For Daniel H. Hibner, PMP Colonel, U.S. Army Commanding Enclosure Permittee hereby accepts the terms and conditions of this instrument.
08/31/2020 (Permittee) (Date)
Page 4 of 8
ND-20-1174 Transmittal of Section 404 Permit Modification When the structures or work authorized by this permit are still in existence at the time the property is transferred, the terms and conditions of this permit will continue to be binding on the new owner(s) of the property. To request the transfer of this permit and the associated liabilities with compliance with its terms and conditions, the permittee and transferee must sign and date below.
(PERMITTEE-Printed Name)
(PERMITTEE-Signature) (DATE)
(TRANSFERREE-Printed Name)
(TRANSFERREE-Signature) (DATE)
By signature below, the U.S. Army Corps of Engineers hereby validates the transfer of the permit from the permittee named above to the transferee named above.
Issued for and on behalf of: (DATE)
Daniel H. Hibner, PMP Colonel, U.S. Army Commanding Page 5 of 8
ND-20-1174 Transmittal of Section 404 Permit Modification NOTIFICATION OF ADMINISTRATIVE APPEAL OPTIONS AND PROCESS AND REQUEST FOR APPEAL Applicant: Southern Nuclear Operating Company, File Number: SAS-2007-01837 Date: August 28, 2020 Inc., ATTN: Mr. Jim DeLano I Attached is: See Section below X INITIAL PROFFERED PERMIT (Standard Permit or Letter of permission) A PROFFERED PERMIT (Standard Permit or Letter of permission) B PERMIT DENIAL C APPROVED JURISDICTIONAL DETERMINATION D PRELIMINARY JURISDICTIONAL DETERMINATION E SECTION I - The following identifies your rights and options regarding an administrative appeal of the above decision.
Additional information may be found at http://www.usace.army.mil/CECW/Pages/reg_materials.aspx or Corps regulations at 33 CFR Part 331.
A: INITIAL PROFFERED PERMIT: You may accept or object to the permit.
ACCEPT: If you received a Standard Permit, you may sign the permit document and return it to the district engineer for final authorization. If you received a Letter of Permission (LOP), you may accept the LOP and your work is authorized. Your signature on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive all rights to appeal the permit, including its terms and conditions, and approved jurisdictional determinations associated with the permit.
OBJECT: If you object to the permit (Standard or LOP) because of certain terms and conditions therein, you may request that the permit be modified accordingly. You must complete Section II of this form and return the form to the district engineer.
Your objections must be received by the district engineer within 60 days of the date of this notice, or you will forfeit your right to appeal the permit in the future. Upon receipt of your letter, the district engineer will evaluate your objections and may: (a) modify the permit to address all of your concerns, (b) modify the permit to address some of your objections, or (c) not modify the permit having determined that the permit should be issued as previously written. After evaluating your objections, the district engineer will send you a proffered permit for your reconsideration, as indicated in Section B below.
B: PROFFERED PERMIT: You may accept or appeal the permit.
ACCEPT: If you received a Standard Permit, you may sign the permit document and return it to the district engineer for final authorization. If you received a Letter of Permission (LOP), you may accept the LOP and your work is authorized. Your signature on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive all rights to appeal the permit, including its terms and conditions, and approved jurisdictional determinations associated with the permit.
APPEAL: If you choose to decline the proffered permit (Standard or LOP) because of certain terms and conditions therein, you may appeal the declined permit under the Corps of Engineers Administrative Appeal Process by completing Section II of this form and sending the form to the division engineer. This form must be received by the division engineer within 60 days of the date of this notice.
C: PERMIT DENIAL: You may appeal the denial of a permit under the Corps of Engineers Administrative Appeal Process by completing Section II of this form and sending the form to the division engineer. This form must be received by the division engineer within 60 days of the date of this notice.
D: APPROVED JURISDICTIONAL DETERMINATION: You may accept or appeal the approved JD or provide new information.
ACCEPT: You do not need to notify the Corps to accept an approved JD. Failure to notify the Corps within 60 days of the date of this notice means that you accept the approved JD in its entirety, and waive all rights to appeal the approved JD.
APPEAL: If you disagree with the approved JD, you may appeal the approved JD under the Corps of Engineers Administrative Appeal Process by completing Section II of this form and sending the form to the division engineer. The division engineer must receive this form within 60 days of the date of this notice.
Page 6 of 8
ND-20-1174 Transmittal of Section 404 Permit Modification E: PRELIMINARY JURISDICTIONAL DETERMINATION: You do not need to respond to the Corps regarding the preliminary JD. The Preliminary JD is not appealable. If you wish, you may request an approved JD (which may be appealed), by contacting the Corps district for further instruction. Also you may provide new information for further consideration by the Corps to reevaluate the JD.
SECTION II - REQUEST FOR APPEAL or OBJECTIONS TO AN INITIAL PROFFERED PERMIT REASONS FOR APPEAL OR OBJECTIONS: (Describe your reasons for appealing the decision or your objections to an initial proffered permit in clear concise statements. You may attach additional information to this form to clarify where your reasons or objections are addressed in the administrative record.)
ADDITIONAL INFORMATION: The appeal is limited to a review of the administrative record, the Corps memorandum for the record of the appeal conference or meeting, and any supplemental information that the review officer has determined is needed to clarify the administrative record. Neither the appellant nor the Corps may add new information or analyses to the record. However, you may provide additional information to clarify the location of information that is already in the administrative record.
POINT OF CONTACT FOR QUESTIONS OR INFORMATION:
If you have questions regarding this decision and/or the If you only have questions regarding the appeal process you may appeal process you may contact: also contact:
Mr. Ross Sullivan Mr. Philip Shannin U.S. Army Corps of Engineers, Savannah District Administrative Appeal Review Officer 100 W. Oglethorpe Avenue, Savannah, Georgia 31401 CESAS-PDS-O 60 Forsyth Street Southwest, Floor M9 Phone: 912-652-5618 Atlanta, Georgia 30303-8803 Email: roscoe.l.sullivan@usace.army.mil Phone: (404) 562-5136; Fax: (404) 562-5138 Email: Philip.a.shannin@usace.army.mil RIGHT OF ENTRY: Your signature below grants the right of entry to Corps of Engineers personnel, and any government consultants, to conduct investigations of the project site during the course of the appeal process. You will be provided a 15-day notice of any site investigation, and will have the opportunity to participate in all site investigations.
Date: Telephone number:
Signature of appellant or agent.
Page 7 of 8