ML25114A163
| ML25114A163 | |
| Person / Time | |
|---|---|
| Site: | Palisades  |
| Issue date: | 04/24/2025 |
| From: | NRC |
| To: | NRC/NMSS/DREFS |
| References | |
| Download: ML25114A163 (18) | |
Text
From:
Mary Richmond Sent:
Thursday, April 24, 2025 1:13 PM To:
PalisadesRestart-EnvDocsPUBLICem Resource
Subject:
Critical Dune Permit Attachments:
EGLE Permit No__WRP043992 v_1 (80-27780 Blue Star-Covert).pdf
Hearing Identifier:
PalisadesRestart_EnvDocs_Public Email Number:
117 Mail Envelope Properties (SJ0PR09MB106964DF0037F23E010B96DBDE4852)
Subject:
Critical Dune Permit Sent Date:
4/24/2025 1:12:33 PM Received Date:
4/24/2025 1:12:38 PM From:
Mary Richmond Created By:
Mary.Richmond@nrc.gov Recipients:
"PalisadesRestart-EnvDocsPUBLICem Resource"
<PalisadesRestart-EnvDocsPUBLICem.Resource@nrc.gov>
Tracking Status: None Post Office:
SJ0PR09MB10696.namprd09.prod.outlook.com Files Size Date & Time MESSAGE 3
4/24/2025 1:12:38 PM EGLE Permit No__WRP043992 v_1 (80-27780 Blue Star-Covert).pdf 5744193 Options Priority:
Normal Return Notification:
No Reply Requested:
No Sensitivity:
Normal Expiration Date:
From: Espinosa, Sharon (EGLE)
Sent: 2/13/2025 1:53:34 PM To: "w.turco@holtec.com" <w.turco@holtec.com>
Cc: "Harrison, Zachary (EGLE)" <HarrisonZ2@michigan.gov>; "mstone-palmquist@barr.com" <mstone-palmquist@barr.com>; "Covert Township Clerk (clerk@coverttwp.com)" <clerk@coverttwp.com>; "griffithJ@vanburencountymi.gov"
<griffithJ@vanburencountymi.gov>; "US Army Corps DEQ Mailbox-Michiana (LRE_REG_Michiana@usace.army.mil)" <LRE_REG_Michiana@usace.army.mil>
Subject:
EGLE Permit No: WRP043992 v.1 (80-27780 Blue Star-Covert)
Attachments: Placard (WORD).pdf, Resources Individual or Minor Permit (WORD).pdf, Palisades Utility Alignment Map 2024-11-19 (4).pdf, Vegetation Assurance for Palisades rev 2024 03.pdf
Dear Bill:
Permittee: Holtec Palisades LLC EGLE Permit No: WRP043992 v.1 Submission No.: HQ6-K53R-08P88 Site Name: 80-27780 Blue Star-Covert The Michigan Department of Environmental, Great Lakes, and Energy has issued the above permit, under the provisions of the Natural Resources and Environmental Protection Act, 1994 PA 451.
Should you have any questions, please contact Zach Harrison at 269-569-6972 or HarrisonZ2@michigan.gov.
Sincerely, Sharon Mae Espinosa, Secretary Michigan Department of Environment, Great Lakes, and Energy (EGLE)
Kalamazoo District Office Water Resources Division 269-370-4947 l EspinosaS@michigan.gov Connect with us! l Michigan.gov/EGLE EGLE WRP043992 v1.0 Approved Issued On:02/13/2025 Expires On:02/13/2030
ATTACHMENT NAME:
Placard (WORD).pdf ATTACHMENT TYPE:
Adobe Portable Document Format (PDF) compound image EGLE WRP043992 v1.0 Approved Issued On:02/13/2025 Expires On:02/13/2030
This notice must be displayed at the site of work.
Laminating this notice or utilizing sheet protectors is recommended.
Please refer to the above permit number with any questions or concerns.
NOTICE OF AUTHORIZATION Permit Number: WRP043992 v. 1 Date Issued: February 13, 2025 Site Name: 80-27780 Blue Star-Covert Expiration Date: February 13, 2030 The Michigan Department of Environment, Great Lakes, and Energy (EGLE), Water Resources Division, P.O. Box 30458, Lansing, Michigan 48909-7958, under provisions of the Natural Resources and Environmental Protection Act, 1994 PA 451, as amended; specifically:
Part 31, Floodplain Regulatory Authority of the Water Resources Protection.
Part 301, Inland Lakes and Streams.
Part 303, Wetlands Protection.
Part 315, Dam Safety.
Part 323, Shorelands Protection and Management.
Part 325, Great Lakes Submerged Lands.
Part 353, Sand Dunes Protection and Management.
Authorized activity:
Excavate approximately 338 cubic yards of material from 0.37 acres of critical dune area and install approximately 2,512 linear feet of new electrical utility line connecting the main facility to the cooling towers. After installing the utility line, backfill the excavated trenches with native material and spread any excess in unvegetated areas within the critical dune area. Restore all disturbed areas in accordance with the attached vegetation assurance.
Waterbody Affected:
Lake Michigan Property Location:
Van Buren County, Covert Township, Town/Range/Section 02S17W05, Property Tax No. 80-07-005-002-00 Permittee:
Holtec Palisades, LLC c/o Bill Turco 27780 Blue Star Highway South Haven, MI 49090 Zach Harrison Environmental Quality Analyst Kalamazoo District Office Water Resources Division 269-569-6972 EGLE WRP043992 v1.0 Approved Issued On:02/13/2025 Expires On:02/13/2030 EGLE WRP043992 v1.0 Approved Issued On:02/13/2025 Expires On:02/13/2030
This notice must be displayed at the site of work.
Laminating this notice or utilizing sheet protectors is recommended.
Please refer to the above permit number with any questions or concerns.
EGLE WRP043992 v1.0 Approved Issued On:02/13/2025 Expires On:02/13/2030 EGLE WRP043992 v1.0 Approved Issued On:02/13/2025 Expires On:02/13/2030
ATTACHMENT NAME:
Resources Individual or Minor Permit (WORD).pdf ATTACHMENT TYPE:
Adobe Portable Document Format (PDF) compound image EGLE WRP043992 v1.0 Approved Issued On:02/13/2025 Expires On:02/13/2030
MICHIGAN DEPARTMENT OF ENVIRONMENT, GREAT LAKES, AND ENERGY WATER RESOURCES DIVISION PERMIT Issued To:
Holtec Palisades, LLC c/o Bill Turco 27780 Blue Star Highway South Haven, MI 49090 Permit No:
WRP043992 v.1 Submission No.: HQ6-K53R-08P88 Site Name:
80-27780 Blue Star-Covert Issued:
February 13, 2025 Revised:
Expires:
February 13, 2030 This permit is being issued by the Michigan Department of Environment, Great Lakes, and Energy (EGLE), Water Resources Division, under the provisions of the Natural Resources and Environmental Protection Act, 1994 PA 451, as amended (NREPA); specifically:
Part 301, Inland Lakes and Streams Part 323, Shorelands Protection and Management Part 303, Wetlands Protection Part 325, Great Lakes Submerged Lands Part 315, Dam Safety Part 353, Sand Dunes Protection and Management Part 31, Water Resources Protection (Floodplain Regulatory Authority)
EGLE certifies that the activities authorized under this permit are in compliance with the State Coastal Zone Management Program and certifies without conditions under the Federal Clean Water Act, Section 401 that the discharge from the activities authorized under this permit will comply with Michigans water quality requirements in Part 31, Water Resources Protection, of the NREPA and associated administrative rules, where applicable.
Permission is hereby granted, based on permittee assurance of adherence to State of Michigan requirements and permit conditions, to:
Authorized Activity:
Excavate approximately 338 cubic yards of material from 0.37 acres of critical dune area and install approximately 2,512 linear feet of new electrical utility line connecting the main facility to the cooling towers. After installing the utility line, backfill the excavated trenches with native material and spread any excess in unvegetated areas within the critical dune area. Restore all disturbed areas in accordance with the attached vegetation assurance.
EGLE WRP043992 v1.0 Approved Issued On:02/13/2025 Expires On:02/13/2030 EGLE WRP043992 v1.0 Approved Issued On:02/13/2025 Expires On:02/13/2030
Bill Turco 2
WRP043992 v.1 All work shall be completed in accordance with the attached plans and permit conditions listed herein.
Waterbody Affected:
Lake Michigan Property Location:
Van Buren County, Covert Township, Town/Range/Section 02S17W05, Property Tax No. 80-07-005-002-00 Authority granted by this permit is subject to the following limitations:
A. Initiation of any work on the permitted project confirms the permittee's acceptance and agreement to comply with all terms and conditions of this permit.
B. The permittee, in exercising the authority granted by this permit, shall not cause unlawful pollution as defined by Part 31 of the NREPA.
C. This permit shall be kept at the site of the work and available for inspection at all times during the duration of the project or until its date of expiration.
D. All work shall be completed in accordance with the approved plans and specifications submitted with the application and/or plans and specifications attached to this permit.
E. No attempt shall be made by the permittee to forbid the full and free use by the public of public waters at or adjacent to the structure or work approved.
F. It is made a requirement of this permit that the permittee give notice to public utilities in accordance with 2013 PA 174 (Act 174) and comply with each of the requirements of Act 174.
G. This permit does not convey property rights in either real estate or material, nor does it authorize any injury to private property or invasion of public or private rights, nor does it waive the necessity of seeking federal assent, all local permits, or complying with other state statutes.
H. This permit does not prejudice or limit the right of a riparian owner or other person to institute proceedings in any circuit court of this state when necessary to protect his rights.
I.
Permittee shall notify EGLE within one week after the completion of the activity authorized by this permit by completing and forwarding the attached preaddressed postcard to the office addressed thereon.
J. This permit shall not be assigned or transferred without the written approval of EGLE.
K. Failure to comply with conditions of this permit may subject the permittee to revocation of permit and criminal and/or civil action as cited by the specific state act, federal act, and/or rule under which this permit is granted.
L. All dredged or excavated materials shall be disposed of in an upland site (outside of floodplains, unless exempt under Part 31 of the NREPA, and wetlands).
M. In issuing this permit, EGLE has relied on the information and data that the permittee has provided in connection with the submitted application for permit. If, subsequent to the issuance of a permit, such information and data prove to be false, incomplete, or inaccurate, EGLE may modify, revoke, or suspend the permit, in whole or in part, in accordance with the new information.
N. The permittee shall indemnify and hold harmless the State of Michigan and its departments, agencies, officials, employees, agents, and representatives for any and all claims or causes of action arising from acts or omissions of the permittee, or employees, agents, or representative of the permittee, undertaken in connection with this permit. The permittee's obligation to indemnify the State of Michigan applies only if the state: (1) provides the permittee or its designated representative written notice of the claim or cause of action within 30 days after it is received by the state, and (2) consents to the permittee's participation in the proceeding on the claim or cause of action. It does not apply to contested case proceedings under the Administrative Procedures Act, 1969 PA 306, as amended, challenging the permit. This permit shall not be construed as an indemnity by the State of Michigan for the benefit of the permittee or any other person.
EGLE WRP043992 v1.0 Approved Issued On:02/13/2025 Expires On:02/13/2030 EGLE WRP043992 v1.0 Approved Issued On:02/13/2025 Expires On:02/13/2030
Bill Turco 3
WRP043992 v.1 O. Noncompliance with these terms and conditions and/or the initiation of other regulated activities not specifically authorized shall be cause for the modification, suspension, or revocation of this permit, in whole or in part. Further, EGLE may initiate criminal and/or civil proceedings as may be deemed necessary to correct project deficiencies, protect natural resource values, and secure compliance with statutes.
P. If any change or deviation from the permitted activity becomes necessary, the permittee shall request, in writing, a revision of the permitted activity from EGLE. Such revision request shall include complete documentation supporting the modification and revised plans detailing the proposed modification. Proposed modifications must be approved, in writing, by EGLE prior to being implemented.
Q. This permit may be transferred to another person upon written approval of EGLE. The permittee must submit a written request to EGLE to transfer the permit to the new owner. The new owner must also submit a written request to EGLE to accept transfer. The new owner must agree, in writing, to accept all conditions of the permit. A single letter signed by both parties that includes all the above information may be provided to EGLE. EGLE will review the request and, if approved, will provide written notification to the new owner.
R. Prior to initiating permitted construction, the permittee is required to provide a copy of the permit to the contractor(s) for review. The property owner, contractor(s), and any agent involved in exercising the permit are held responsible to ensure that the project is constructed in accordance with all drawings and specifications. The contractor is required to provide a copy of the permit to all subcontractors doing work authorized by the permit.
S. Construction must be undertaken and completed during the dry period of the wetland. If the area does not dry out, construction shall be done on equipment mats to prevent compaction of the soil.
T. Authority granted by this permit does not waive permit requirements under Part 91, Soil Erosion and Sedimentation Control, of the NREPA, or the need to acquire applicable permits from the County Enforcing Agent (CEA).
U. Authority granted by this permit does not waive permit requirements under the authority of Part 305, Natural Rivers, of the NREPA. A Natural Rivers Zoning Permit may be required for construction, land alteration, streambank stabilization, or vegetation removal along or near a natural river.
V. The permittee is cautioned that grade changes resulting in increased runoff onto adjacent property is subject to civil damage litigation.
W. Unless specifically stated in this permit, construction pads, haul roads, temporary structures, or other structural appurtenances to be placed in a wetland or on bottomland of the water body are not authorized and shall not be constructed unless authorized by a separate permit or permit revision granted in accordance with the applicable law.
X. For projects with potential impacts to fish spawning or migration, no work shall occur within fish spawning or migration timelines (i.e., windows) unless otherwise approved in writing by the Michigan Department of Natural Resources, Fisheries Division.
Y. Work to be done under authority of this permit is further subject to the following special instructions and specifications:
- 1. Authority granted by this permit does not waive permit or program requirements under Part 91 of the NREPA or the need to acquire applicable permits from the CEA. To locate the Soil Erosion Program Administrator for your county, visit https://www.michigan.gov/egle/about/organization/water-resources/soil-erosion/sesc-overview and select Soil Erosion and Sedimentation Control Agencies.
EGLE WRP043992 v1.0 Approved Issued On:02/13/2025 Expires On:02/13/2030 EGLE WRP043992 v1.0 Approved Issued On:02/13/2025 Expires On:02/13/2030
Bill Turco 4
WRP043992 v.1
- 2. The authority to conduct the activity as authorized by this permit is granted solely under the provisions of the governing act as identified above. This permit does not convey, provide, or otherwise imply approval of any other governing act, ordinance, or regulation, nor does it waive the permittee's obligation to acquire any local, county, state, or federal approval or authorization necessary to conduct the activity.
- 3. No fill, excess soil, or other material shall be placed in any wetland, floodplain, or surface water area not specifically authorized by this permit, its plans, and specifications.
- 4. This permit does not authorize or sanction work that has been completed in violation of applicable federal, state, or local statutes.
- 5. The permit placard shall be kept posted at the work site in a prominent location at all times for the duration of the project or until permit expiration.
- 6. This permit is being issued for the maximum time allowed and no extensions of this permit will be granted. Initiation of the construction work authorized by this permit indicates the permittee's acceptance of this condition. The permit, when signed by EGLE, will be for a five-year period beginning on the date of issuance. If the project is not completed by the expiration date, a new permit must be sought.
- 7. All slopes steeper than one-on-three (33%) must not be disturbed. Impacting the dunes is not authorized outside of the permitted use including activities such as driving machinery on slopes steeper than one-on-three (33%), or storing (permanently or temporarily) machinery, soil, materials, equipment, or removed vegetation, on any slopes steeper than one-on-four (25%).
- 8. Altering the crest and the area lakeward of the crest by placing retaining walls or other regulated structures, removing soil or vegetation, lowering or raising the elevation of the crest, placing materials or soils lakeward of the crest on the lakeward facing bluff is not permitted.
- 9. All earth moving and contour changes must occur within 10 feet of the permitted use.
10.All fill/backfill must consist of clean, inert material that will not cause siltation nor contain soluble chemicals, organic matter, pollutants, contaminants, or invasive species. The fill site must be monitored for invasive species which must be removed should they be introduced.
11.The following threatened or endangered species are known to occur on or near this project site and may be impacted by your activities: Cirsium pitcheri. Issuance of this permit does not obviate the need to obtain approval under Part 365, Endangered Species, of the NREPA, from the Michigan Department of Natural Resources (DNR) prior to commencement of construction activity.
12.Vegetation changes are not authorized more than 10 feet outside of the permitted use. All disturbed areas shall be re-vegetated with native dune species and stabilized with temporary measures before or upon commencement of the permitted use and maintained until permanent measures are in place. The removal and re-establishment of vegetation must be in accordance with the submitted vegetation assurance.
13.The permitted use and development shall provide for disposal of storm water without serious soil erosion and without sedimentation to any waterbody or wetland.
14.The transport of building materials/excavated sand and access to and from the site shall be via the existing or permitted driveway or temporary construction access. A separate temporary driveway or access road is not permitted for construction activities.
EGLE WRP043992 v1.0 Approved Issued On:02/13/2025 Expires On:02/13/2030 EGLE WRP043992 v1.0 Approved Issued On:02/13/2025 Expires On:02/13/2030
Bill Turco 5
WRP043992 v.1 15.The restabilization and replanting of the temporary construction access shall follow the submitted stabilization and planting plan. Vegetation shall be monitored for a minimum of two growing seasons to ensure the vegetation is fully established in the disturbed area.
16.Excess excavated clean sand must be deposited in a critical dune area on the beach above the ordinary high water mark (OHWM) of 580.5 feet IGLD85, or on-site in areas with slopes less than one-on-three (33%) which do not contain woody vegetation or as noted on the site plan. Machinery is not permitted to be driven down the lakeward facing bluff, on slopes steeper than one-on-three (33%) or in the water of the lake for the purpose of depositing the excess sand. Sand shall not be left in piles.
Where mature trees are present, sand shall not be placed greater than 2 inches deep.
Where shrubs are present, sand shall not be placed greater 3 inches deep. In areas of open sand or dune grass, sand shall not be placed greater than 18 inches deep.
17.All excess woody debris, concrete, building materials, or other types of soil must be deposited off site, outside of the critical dune area.
18.If it is not feasible to dispose of excess excavated sand or soil on-site, then it must be deposited off-site, outside of a floodplain, lake, river, stream, or wetland, and stabilized with temporary measures until permanent measures are in place. Permanent measures shall be in place within five (5) days of achieving final grade.
19.The proposed structure is within 100 feet of the dune crest and therefore the following requirements must be met:
The structure and access to the structure shall be in accordance with a site plan prepared for the site by a registered professional architect or a licensed professional engineer and the site plan shall provide for the disposal of storm waters without serious soil erosion and without sedimentation of any stream or other body of water.
Access to the structure shall be from the landward side of the dune.
The dune shall be re-stabilized with indigenous vegetation.
The crest of the dune shall not be reduced in elevation.
20.The permittee and contractors will take steps to minimize the risk of spreading terrestrial and aquatic invasive species during this project and will take measures to prevent spread, where feasible, including:
- a. Visually inspecting and removing any plants or mud from footwear (boots, hip-boots, and waders).
- b. Visually inspecting and removing and properly disposing of any plants and mud from field equipment (nets, shovels, rakes, etc.) and vehicles.
- c. Draining all water from vehicles and equipment, prior to leaving the site and before entering a new waterbody.
- d. Thoroughly drying equipment (5-7 days, if possible) between sites, when possible.
- e. Disinfecting vehicles and equipment between sites (e.g. diluted bleach solution, heated pressure washer), when possible. Disinfection should be conducted away from surface waters, where the disinfecting solution will not enter any storm sewers and/or surface waters.
EGLE WRP043992 v1.0 Approved Issued On:02/13/2025 Expires On:02/13/2030 EGLE WRP043992 v1.0 Approved Issued On:02/13/2025 Expires On:02/13/2030
Bill Turco 6
WRP043992 v.1
- i. Typical diluted bleach solution treatment is 1/2 cup (4 fluid ounces) bleach to 5 gallons of water, applied by spraying or sponge so surface is thoroughly exposed to bleach solution for 10 minutes.
ii. Typical heated pressure wash is 140 water temperature, sprayed for 5-10 seconds.
iii. Thoroughly washing vehicles and boats between sites (e.g. drive-through car wash).
Issued By:
Zach Harrison Environmental Quality Analyst Kalamazoo District Office Water Resources Division 269-569-6972 THIS PERMIT MUST BE SIGNED BY THE PERMITTEE TO BE VALID.
I hereby assure that I have read, am familiar with, and agree to adhere to the terms and conditions of this permit.
Permittee Signature Date cc:
Covert Township Clerk Van Buren CEA Matt Stone-Palmquist, Agent USACE Michiana District EGLE WRP043992 v1.0 Approved Issued On:02/13/2025 Expires On:02/13/2030 EGLE WRP043992 v1.0 Approved Issued On:02/13/2025 Expires On:02/13/2030
ATTACHMENT NAME:
Palisades Utility Alignment Map 2024-11-19 (4).pdf ATTACHMENT TYPE:
Adobe Portable Document Format (PDF) compound image EGLE WRP043992 v1.0 Approved Issued On:02/13/2025 Expires On:02/13/2030
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DRAWN BY PAGE BOOK EDERS 15 kV COOLING TOWE PROJECT ND.
PREPARED F[
J EGLE WRP043992 v1.0 Approved Issued On:02/13/2025 Expires On:02/13/2030 EGLE WRP043992 v1.0 Approved Issued On:02/13/2025 Expires On:02/13/2030
ATTACHMENT NAME:
Vegetation Assurance for Palisades rev 2024-12-03.pdf ATTACHMENT TYPE:
Adobe Portable Document Format (PDF) compound image EGLE WRP043992 v1.0 Approved Issued On:02/13/2025 Expires On:02/13/2030
Vegetation Assurance for Palisades Nuclear Generating Station, Cooling Tower Utility Installation 27780 Blue Star Hwy, Covert, MI 49090 Rev December 3, 2024 Project site description: The site is located on the shore of Lake Michigan and contains an existing nuclear power generating station, associated buildings, access roads, with sand beach and open dune.
The site is located on a lakeward facing slope adjacent to the waters edge. The proposed project area on the dune consists primarily of a mix of dune grass (Ammophilia breviligulata) and unvegetated open sand areas.
Proposed activity: The project proposes shallow excavation and installation of a cable chase below grade. Excavated dune sand not replaced within the excavation will be spread over the surrounding dune area to a depth no greater than 6 inches to allow for continued growth of existing dune grass. Impacts to the existing vegetation are proposed only on the lakeward facing slope within the area that has been previously disturbed and is necessary to access the work site. Vegetation impacts will be limited to the utility alignment and adjacent working space.
Seasonal issues: Regeneration of existing dune grass will restabilize the site upon project completion, but not be evident the next growing season.
Special considerations: The vegetation outside the project footprint will be avoided. No mature trees or shrubs exist within the limits of work. The site was reviewed with EGLE staff in summer, 2024 and there were no concerns of endangered and threatened species present.
Proposed actions for maintaining site stability during and after construction: During construction, all vehicles and materials will be limited to the project area as identified on the submitted plans. All access routes connecting the area of work with public roads are via paved internal driveways. All construction will occur in accordance with a SESC approval from Van Buren County.
Proposed revegetation of the site: Dune grass is prevalent in the work area and is expected to naturally recolonize the disturbed area in the growing season following the activity. Following construction, the applicant will install dune grass sprigs as necessary to supplement naturally-occuring dune grass to a rate of 18 inches on-center within the disturbance footprint.
EGLE WRP043992 v1.0 Approved Issued On:02/13/2025 Expires On:02/13/2030 EGLE WRP043992 v1.0 Approved Issued On:02/13/2025 Expires On:02/13/2030