ML24215A374
| ML24215A374 | |
| Person / Time | |
|---|---|
| Site: | Perry  |
| Issue date: | 01/30/2017 |
| From: | Butler C State of OH, Environmental Protection Agency |
| To: | Hamilton D FirstEnergy Nuclear Operating Co, Office of Nuclear Material Safety and Safeguards |
| References | |
| DSW401154766 | |
| Download: ML24215A374 (1) | |
Text
C
~ENdTERED DIRECTOR'S :i0(RN)
I nioMary John R. Kasich, Gove;rri~'a~E ~ ~,° ~ 3 Taylor, Lt. GovO E F'Â Ohio Environmental craig W. Butler, Director Protection Agency 3 30 AIl 10: 17 LEGAL QFFICE Certified Mail Re:
Perry Nuclear Power Plant 401 WQC for NPDES Permit Permit - Intermediate Approval 401 Wetlands Lake DSW401154766 January 30, 2017 Mr. David P. Hamilton FirstEnergy Nuclear Operating Company 76 South Main Street Akron, OH 44308
Subject:
Perry Nuclear Power Plant 401 WQC for NPDES Permit Lake County / Perry Township Grant of a Section 401 Water Quality Certification Ohio EPA ID No. 154766 NRC Operating License No. NPF-58
Dear Stakeholders:
I hereby authorize the above referenced project under the following authorities and it is subject to the following modifications and/or conditions:
Section 401 Water Quality Certification Pursuant to Section 401 of the Federal Water Pollution Control Act, Public Law 95-217, 1 hereby certify that the above-referenced project will comply with the applicable provisions of Sections 301, 302, 303, 306, and 307 of the Federal Water Pollution Control Act. This authorization is specifically limited to a Section 401 Water Quality Certification (here after referred to as "certification") with respect to water pollution and does not relieve the Certification Holder of further Certifications or Permits as may be necessary under the law. I have determined that a lowering of water quality in the Frontal Lake Erie tributaries watershed (HUC 04110003) as authorized by this certification is necessary. I have made this determination based upon the consideration of all public comments, if submitted, and the technical, social, and economic considerations concerning this application and its impact on waters of the state.
50 West Town Street
- Suite 700
- P.O. Box 1049
- Columbus, OH 43216-1049 epa.ohio.gov * (614) 644-3020 * (614) 644-3184 (fax)
Perry Nuclear Power Plant 401 WQC for NPDES Permit Ohio EPA ID No. 154766 Section 401 Water Quality Certification Page 2 of 5 PARTI ON-SITE WATER RESOURCES AND IMPACTS A.
Watershed Setting The watershed in which this project is located, McKinley Creek Frontal Lake Erie (HUC 04110003-02-04), has an area of 29.67 square miles of which 51.2 percent is developed, 25.7 percent is forest, 8.7 percent is grass/pasture, 13.9 percent is row crop agriculture, and 0.5 percent is other.
B. Project Description This certification certifies that the project will not cause or contribute to state water quality standards in accordance with the issued individual National Pollutant Discharge Elimination System (NPDES) permit issued by Ohio EPA, permit number 31B00016/OH0063461.
C. Impacts Under this certification, no impact to waters of the state through the placement of fill or dredged material is authorized.
PART ll TERMS & CONDITIONS A.
This certification shall remain valid and in effect so long as the federal Operating License issued by the Nuclear Regulatory Commission for this project is in effect.
B. A copy of this certification shall remain on-site for the duration of the project.
C. In the event of an inadvertent spill, the Certification Holder must immediately call the Ohio EPA Spill Hotline at 1-800-282-9378, as well as the Ohio EPA Section 401/Stormwater Manager (614-644-2001).
D. Unpermitted impacts to surface water resources and/or their buffers occurring as a result of this project must be reported within 24 hours2.777778e-4 days <br />0.00667 hours <br />3.968254e-5 weeks <br />9.132e-6 months <br /> of occurrence to Ohio EPA, Division of Surface Water, Section 401/Stormwater Manager (614-644-2001), for further evaluation.
E. Any authorized representative of the director shall be allowed to inspect the authorized activity at reasonable times to ensure that it is being or has been accomplished in accordance with the terms and conditions of this certification.
Perry Nuclear Power Plant 401 WQC for NPDES Permit Ohio EPA ID No. 154766 Section 401 Water Quality Certification Page 3 of 5 F. This proposal may require other permits from Ohio EPA. For information concerning application procedures, contact the Ohio EPA District Office as follows:
Ohio Environmental Protection Agency Northeast District Office 2110 East Aurora Road Twinsburg, Ohio 44087 330-963-1200 Additional information regarding environmental permitting assistance at Ohio EPA can be found at http://www.epa.ohio.ctov/dir/permit assistance.aspx PART lll NOTIFICATIONS TO OHIO EPA All notifications, correspondence, and reports regarding this certification shall reference the following information:
Certification Holder Name: FirstEnergy Nuclear Operating Company Project Name: Perry Nuclear Power Plant 401 WQC for NPDES Permit Ohio EPA ID No.: 154766 and shall be sent to:
Ohio Environmental Protection Agency Division of Surface Water, 401/IWP Unit Lazarus Government Center 50 West Town Street P.O. Box 1049 Columbus, Ohio 43216-1049 You are hereby notified that this action of the director is final and may be appealed to the Environmental Review Appeals Commission pursuant to Section 3745.04 of the Ohio Revised Code. The appeal must be in writing and set forth the action complained of and the grounds upon which the appeal is based. The appeal must be filed with the Commission within 30 days after notice of the director's action. The appeal must be accompanied by a filing fee of $70.00, made payable to "Ohio Treasurer Josh Mandel,"
which the Commission, in its discretion, may reduce if by affidavit you demonstrate that payment of the full amount of the fee would cause extreme hardship. Notice of the filing of the appeal shall be filed with the director within three days of filing with the Commission. Ohio EPA requests that a copy of the appeal be served upon the Ohio Attorney General's Office, Environmental Enforcement Section. An appeal may be filed with the Environmental Review Appeals Commission at the following address:
Perry Nuclear Power Plant 401 WQC for NPDES Permit Ohio EPA ID No. 154766 Section 401 Water Quality Certification Page 4 of 5 Environmental Review Appeals Commission 77 South High Street, 17th Floor Columbus, Ohio 43215 Sincerely, Craig W. Butler Director cc:
Peter Swenson, U.S. EPA, Region 5 Dan Everson, U.S. Fish & Wildlife Service John Kessler, ODNR, Office of Real Estate Dave Snyder, Ohio Historical Preservation Office Jeff DeShon, Ohio EPA, DSW, EAS Bill Zawiski, Ohio EPA, NEDO, DSW Kristin Susick, First Energy Nuclear Operating Company
Attachment:
Site Location Map (project)
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Perry Nuclear Power Plant 401 WQC for NPDES Permit Ohio EPA ID No. 154766 Section 401 Water Quality Certification Page 5 of 5 Figure 1 Site Location Map