Findings Of Fact Unit No. 2 is certified to be a nuclear facility situated on 300 acres of a 1132 acre site previously cleared and filled on Hutchinson Island in St. Lucie County, Florida. The site is presently occupied by Unit No. 1, also a nuclear facility. Hutchinson Island is a typical but highly developed coastal barrier island of the Florida Atlantic Coast. The site prior to development was predominantly flat and water covered, with dense vegetation typical of coastal mangrove swamp. On the Eastern side of the island, the land rises slightly in a dune to approximately 15 feet above mean low water. The cooling system for Unit No. 2 is essentially the same as that for Unit No. 1. It is proposed that the existing intake and discharge canals, present on the 300 acre tract for Unit No. 1, will be utilized by Unit No. 2. As originally planned and presently certified, the discharge structure for cooling water from Unit No. 2 consists of an open discharge canal, excavated to elevation - 17 feet. This canal is 28 feet wide at the bottom, with a slope of to 3. The open discharge canal extends from the plant approximately 2200 feet to a point 400 feet west of the existing shoreline. From there, a 12 foot diameter concrete conduit, for each unit, is buried beneath the ground and carries the discharged water under the beach and ocean floor out to the ocean discharge structures. The conduit for Unit No. 2 will extend approximately 2800 feet from the shoreline. The Unit No. 2 ocean discharge structure consists of a multiport diffuser containing 48 ports. Each port will be 1.5 feet in diameter, spaced 22.5 feet between centers and oriented to discharge horizontally. The jets will be mounted in an alternating manner on either side of a 1,060 foot manifold. Ocean depth at the discharge point will be approximately - 35 to - 40 feet mean low water. Exit velocity of the discharged water from each port will be approximately 13 feet per second. The effects on the environment which would occur from construction of the discharge conduit with the multi-port diffuser originally planned for Unit No. 2 were thoroughly studied and were the subject of extensive testimony at the 1975 certification hearing. Paragraphs 11, 44, 46, 50, 53, 54, 55 and 64 of the Findings of Fact contained in the October 8, 1975 Recommended Order, discuss and summarize the studies and testimony. On January 11, 1980, Florida Power & Light Company filed and served on all parties a "Petition for Modification of Terms of Certification" pursuant to Section 403.516(3), Florida Statutes. The petition requests a modification to the certification previously issued to reflect proposed design modifications to the cooling water discharge system which are necessary to account for design head losses resulting from the final multi-port diffuser design and to allow a margin for greater than anticipated marine fouling effects. The petition filed by Florida Power & Light Company seeks to modify the original design from that described in paragraph 6 of the Recommended Order entered October 8, 1975 by widening the distance which the open discharge canal extends along the shoreline, increasing the size and length of the conduit, and increasing the number of ports in the diffuser. On January 28, 1980, pursuant to Sections 120.57 and 403.615(3), Florida Statutes, and proper notice published in the local newspapers and served on all parties, a formal hearing was held at the St. Lucie County Library, 124 North Indian River Drive, Fort Pierce, Florida. At the hearing, Florida Power & Light Company presented three (3) witnesses who testified in support of the Petition for Modification of Terms of Certification. These witnesses, Clifford Kent, James O'Hara, and J. Ross Wilcox, described the need for, and the effects of the proposed modifications. Their testimony demonstrated that the proposed modification will result in improved availability of St. Lucie Unit No. 2, and will not result in a significant environmental impact or effect to the public that was not previously considered in the certification proceedings. Florida Power & Light Company also introduced into the record documentary evidence reflecting that it has applied for and been granted the following permits and approvals for this project: U.S. Army Corps of Engineers Construction Permit No. 79K-1019 issued January 7, 1980, and State of Florida, Board of Trustees of the Internal Improvement Trust Fund (Department of Natural Resources) Easement No. 25624 (2670-56)A, St. Lucie County, approved January 8, 1980. The testimony and evidence were not opposed or contradicted by testimony or evidence of any other party. At the hearing on the petition to modify, the Department of Environmental Regulation presented evidence indicating that the effects anticipated from construction of the modified discharge system would increase turbidity in the ocean during construction in the immediate area of the excavation. Adequate control structures are to be used however. The construction of the canal extension would remove approximately two acres of impounded mangrove habitat. To mitigate this loss, Florida power & Light Company proposes to breach the dike on the northern mangrove area to allow approximately 50 acres of mangrove to function more normally with the Indian River estuary. The environmental effects from operation of the revised Unit No. discharge system will be approximately the same as the original proposal. The Department of Environmental Regulation has recommended that the proposed modification be certified subject to the following additional conditions: That the dike around the mangrove area north of the discharge canal be opened up to Big Mud Creek by breaching the dike in three (3) places. Each breach in the dike shall be a minimum of ten feet (10') wide at the bottom and the bottom elevation of the breach shall not be higher than one foot below mean sea level (- 1 MSL) or deeper than - 3 MSL. That the Department of Natural Resources, Bureau of Beaches and Shores be allowed to inspect the dune once restored. Florida Power and Light Company has agreed to the imposition of the proposed conditions. The Conservation Alliance of St. Lucie County has stated that its experts have concluded that the anticipated effects on the environment from the proposed modification will not be dramatically different from those which have previously occurred. Accordingly, the Alliance does not oppose this petition to modify.
The Issue The issues to be resolved in this proceeding are: whether the Governor and Cabinet, sitting as the Siting Board, should approve the application of Progress Energy Florida (PEF) to certify and license the construction and operation of a 2200 megawatt (MW) (nominal) nuclear electrical generating facility and associated facilities, including electrical transmission lines; and, if so, what conditions of certification should be imposed.
Findings Of Fact Background Florida Power Corporation, doing business as Progress Energy Florida, Inc. (PEF), provides electricity and related services to approximately 1.7 million customers in the state of Florida. PEF's retail service area spans 35 counties over about 20,000 square miles in central and west Florida. In Florida, PEF operates and maintains more than 43,600 miles of distribution and transmission lines that serve a population of more than 5 million people. PEF owns and operates a diverse mix of electrical generating units in Florida, including approximately 47 combustion turbines, 5 combined cycle units, 12 fossil units, and one nuclear unit at PEF's Crystal River Energy Complex (CREC). The CREC is located in northwest Citrus County approximately four miles west of U.S. Highway 19 on the Gulf of Mexico. There are five generating facilities within the CREC; four units are coal-fired and one is a nuclear unit. PEF considered locating new nuclear generating capacity at the CREC, but determined that would concentrate too much electrical generation at one site. PEF proposes to build and operate a two-unit nuclear- powered electrical generating facility in Levy County (LNP). Directly associated facilities include a heavy haul road used for construction (Levy County), two site access roads (Levy County), and cooling water intake and discharge pipelines (Levy and Citrus Counties). PEF also seeks certification of nine transmission corridors associated with eleven electrical transmission lines: Citrus 1 and 2 Transmission Lines — proposed LNP to proposed Citrus Substation, two 500-kV Transmission Lines (Levy and Citrus Counties), also referred to as the "LPC" Lines; Crystal River Transmission Line — proposed LND to existing CREC Switchyard, one 500-kV Transmission Line (Levy and Citrus Counties), also referred to as the "LCR" Line; Sumter Transmission Line — proposed LNP to proposed Central Florida South Substation, one 500-kV Transmission Line (Levy, Citrus, Marion, Sumter and Lake Counties and Municipalities of Wildwood and Leesburg), also referred to as the "LCFS" Line; Levy North Transmission Line — proposed LNP to existing 69-kV Inglis-High Springs Transmission Line, one 69-kV Transmission Line for LNP construction/administration (Levy County), also referred to as the "IS" Line; Levy South Transmission Line — proposed LNP to existing 69-kV Inglis-Ocala Transmission Line, one 69-kV Transmission Line for LNP construction/administration (Levy County and Town of Inglis), also referred to as the "IO" Line; Brookridge Transmission Line — existing CREC Switchyard to existing Brookridge Substation, one 230 kV Transmission Line (Citrus and Hernando Counties), also referred to as the "CB" Line; Brooksville West Transmission Line — existing Brookridge Substation to existing Brooksville West Substation, one 230-kV Transmission Line (Hernando County), also referred to as the "BBW" Line; Crystal River East 1 and 2 Transmission Lines — proposed Citrus Substation to existing Crystal River East Substation, two 230-kV Transmission Lines (Citrus County), also referred to as the "CCRE" Lines; and Polk-Hillsborough-Pinellas Transmission Line — existing Kathleen Substation to existing Lake Tarpon Substation, one 230-kV Transmission Line (Polk, Hillsborough and Pinellas Counties and municipalities of Tampa, Plant City and Oldsmar), also referred to as the "Kathleen" Line. Need for the Project The PSC issued its Final Order determining the need for the Project on August 12, 2008. The PSC found: "a need for Levy Units 1 and 2, taking into account the need for electric system reliability and integrity"; "a need for Levy Units 1 and 2, taking into account the need for fuel diversity"; "a need for Levy Units 1 and 2, taking into account the need for base-load generating capacity"; "a need for Levy Units 1 and 2, taking into account the need for adequate electricity at a reasonable cost"; "[t]here are no renewable energy sources and technologies or conservation measures taken by or reasonably available to PEF which might mitigate the need for Levy Units 1 and 2"; and "Levy Units 1 and 2 will provide the most cost-effective source of power." The PSC also found a need for the associated transmission lines. New transmission lines are required to interconnect and integrate the proposed plant into PEF's existing transmission grid and to reliably deliver bulk power to PEF's load centers. Load flow studies were conducted by PEF system planners to identify the appropriate transmission end- points and voltages. The proposed transmission lines in PEF's proposed corridors satisfy the need for transmission lines as determined by the PSC. Public Notice and Outreach PEF has engaged in extensive public outreach for the selection of the LNP site and for the transmission line corridors. With regard to the plant portion of the Project, PEF's outreach efforts have included communications with local community leaders, press releases, communications with state and federal legislators, dissemination of information to the general public and property owners in the vicinity of the plant via mailings and open houses, and participation in community and advisory groups. With regard to the electrical transmission line portion of the Project, public involvement has been key to the corridor selection process. PEF developed a Community Partnership for Energy Planning (CPEP) process to gain feedback from members of the community in a manner that would most effectively involve the community in the transmission line corridor selection process. Through the CPEP process, PEF established leadership teams in three geographic regions: Hillsborough, Pinellas, Pasco, and Polk Counties; Citrus, Hernando, and Levy Counties; and Lake, Marion, and Sumter Counties. The leadership teams identified and selected more than 100 community representatives to participate in regional Utility Search Conferences. The Utility Search Conferences involved intensive two-day discussions of local issues and the future of electricity supply in the region. The purpose of the conferences was to inform the participants about the Project, to gain public input, and to allow participants to nominate community members to become part of the Community Working Groups for the remainder of the Project. PEF formed the Community Working Groups to further study and refine the recommendations of the conferences as well as to provide ongoing input to PEF throughout the Project. PEF also held open houses in February and March 2008 to involve the public in the transmission line corridor selection process. PEF used newspaper advertisements, press releases, and direct mail letters to facilitate public awareness of the open houses. Over 2,900 people attended the open houses, and PEF received completed written questionnaires from 2,071 attendees. The goal of PEF's public outreach program (with regard to both the plant and transmission lines) was to provide information in a transparent manner to the public and to provide ample opportunity and many avenues for the public to provide input during all phases of the Project. In total, PEF has conducted over 40 public presentations and sent communications to more than 125,000 property owners and stakeholders regarding the Project. Many of PEF's outreach efforts have been beyond the efforts required by law. Pursuant to Section 403.5115(6), Florida Statutes, PEF provided direct notice by mail of the filing of the SCA to all landowners whose property and residences are located within: three miles of the proposed main site boundaries of the LNP; one-quarter mile of a transmission line corridor that only includes a transmission line as defined by Section 403.522(22), Florida Statutes; and (3) one-quarter mile for all other linear associated facilities extending away from the main site boundary. PEF timely submitted a list of the landowners and residences notified to DEP's Siting Coordination Office (SCO), as required by Section 403.5115(6)(b), Florida Statutes. PEF made copies of the SCA available at two of its offices and ten public libraries. In addition, PEF provided copies to all local governments and agencies within whose jurisdiction portions of the Project will be located. DEP made an electronic version of the document available on its website. On June 19, 2008, PEF published notice of the filing of the SCA in the Ocala Star-Banner, the Hernando Today, the Tampa Tribune, The Lakeland Ledger, The Villages Daily Sun, the Levy County Journal, the Orlando Sentinel, the Gainesville Sun, the Citrus County Chronicle, the Sumter County Times, the Hernando Times, and the North Pinellas Times, satisfying the requirements of Section 403.5115(1)(b), Florida Statutes, and Florida Administrative Code Rule 62-17.281(3). On December 18, 2008, PEF published notice of the certification hearing in the same newspapers, satisfying the requirements of Section 403.5115(1)(e), Florida Statutes, and Florida Administrative Code Rule 62-17.281(7). PEF published amended notices of the site certification hearing in the same newspapers on February 17, 2009. DEP also published notices in the Florida Administrative Weekly. All notices required by law were timely published and/or provided in accordance with Section 403.5115, Florida Statutes. Agency Reports and Stipulations Agency reports and proposed conditions of certification on the plant-related facilities of the Project were submitted to DEP by: (1) the PSC; (2) DCA; (3) SWFWMD; (4) Levy County; (5) FWC; (6) the Withlacoochee Regional Planning Council; and (7) DOT. All of these agencies either recommended approval of the Project or otherwise did not object to certification. Although Citrus County did not file an agency report, it recommended approval of the LNP in the prehearing stipulation of the parties. Affected state, regional, and local agencies reviewed the SCA and submitted to DEP reports concerning the impact of the transmission lines on matters within their respective jurisdictions and proposed conditions of certification, as required by Section 403.507(2), Florida Statutes. None of the agencies involved in the review process have recommended that the proposed electrical transmission line corridors be denied or modified. On September 25, 2008, DEP issued its written analysis on the transmission line portion of the Project, incorporating the reports of the reviewing agencies and proposing a compiled set of conditions of certification. The conditions of certification were subsequently revised to reflect agreed-upon language. DEP recommended that the PEF proposed transmission line corridors be certified subject to the conditions of certification. On January 12, 2009, DEP prepared a Staff Analysis Report (SAR) compiling all of the agency reports on the power plant, proposing conditions of certification, and making an overall recommendation. DEP recommended certification of the Project subject to conditions of certification. The conditions of certification attached to the SAR have been superseded by the Fourth Amended Conditions of Certification filed by DEP as DEP Exhibit 1 on March 23, 2009. PEF is committed to constructing the LNP in accord with these conditions. Plant and Associated Facilities2 Project Overview PEF's proposed nuclear-powered electric generating facility (the LNP) will be located in Levy County. The LNP site is east of U.S. Highway 19 and approximately four miles north of the Town of Inglis and the Levy-Citrus County border. The LNP site contains approximately 3,105 acres, with the two reactors and ancillary power production support facilities located near the center of the site. The majority of the LNP site is currently active silviculture and is unimproved. The proposed heavy haul road and pipelines will be located in corridors south of the LNP site. Two site access roads will tie into U.S. Highway 19 west of the site and proceed east to the main plant area. PEF also owns a second 2,000-acre tract contiguous with the southern boundary of the LNP site, which provides access to a water supply in the Cross Florida Barge Canal (CFBC) as well as containing the heavy haul road and electrical transmission line corridors that exit the LNP site. Project Description The LNP will include two 1,100 megawatt (MW) (nominal) generating units (LNP 1 and LNP 2) designed by Westinghouse Electric Company, LLC (Westinghouse). The reactor design has received an official design certification from the NRC and is referred to as the Westinghouse AP1000 Reactor (AP1000). The AP1000 is a standardized, advanced passive pressurized-water nuclear reactor. PEF proposes to place LNP 1 in commercial service by 2016 and LNP 2 in commercial service by 2017. In the AP1000, the reactor core heats water which flows through the reactor cooling system in the primary loop. The reactor coolant pump circulates water through the reactor core. A pressurizer is used to maintain a constant pressure in the primary loop. The heated water flows to the steam generator and through a combination of U-shaped tubes, transferring heat to a separate, independent closed-loop water system, or the secondary loop. Inside the steam generator, the water in the secondary loop boils and is separated in dryers which produce high quality steam. The reactor, the four coolant pumps, and the two steam generators are contained in the containment shield building for each unit. Within the shield building, a steel containment structure surrounds the reactor and steam generators. A passive cooling water tank, which will provide emergency cooling, sits in the top of the containment shield building. The steam in the secondary loop is routed to the adjacent turbine building where it goes into a high-pressure turbine and then three low pressure turbines. The steam produces the force to turn the turbines, which then turn the electrical generator. Electricity is then sent to the on-site switchyard for transmission. The steam exhausting from the turbines moves into the condenser where it comes into contact with the cold surfaces of the tubes in the condenser, which contain water circulating from the cooling tower. The steam condenses back to water. The condensed water is collected in the bottom of the condenser and pumped back into the steam generator. The cycle then repeats. Other components of the AP1000 design include an annex building which contains the main control room; a fuel handling area where new fuel is received and spent fuel is stored; and a diesel generator building. Two cooling towers, three stormwater runoff ponds, and one electrical transmission 500 kV switchyard serving both units are also to be located near the generating units. Each LNP unit will be equipped with a recirculating cooling water system, including a cooling tower, that supplies cooling water to remove heat from the main condensers. The cooling tower makeup water system supplies water to the cooling tower to replace water consumed as a result of evaporation, drift, and blowdown. The LNP's cooling water intake will be located on the CFBC. Cooling water will be conveyed to the LNP site via pipelines. The proposed corridor for the cooling water intake and wastewater discharge pipelines is approximately 13 miles long and 0.25 miles wide. The intake pipeline corridor extends south from the LNP site to the CFBC. The wastewater discharge corridor then turns westerly along the CFBC for six miles before turning south along the western side of an existing PEF transmission line and enters the CREC. As part of its pending application for an NPDES permit, PEF has proposed that LNP wastewater be released into the existing CREC discharge canal. Materials needed to construct the LNP will be delivered via: (1) U.S. Highway 19; and (2) a barge slip on the CFBC in conjunction with the heavy haul road for large components. The heavy haul road, to be used primarily during construction, will be co-located with the makeup and blowdown pipeline corridor south of the LNP site. Federally-Required Approvals The LNP is also subject to the construction and operation approval of the NRC. As part of the federal permitting process for nuclear power plants, PEF has submitted a Combined Operating License Application (COLA) to the NRC. PEF submitted the COLA for the LNP on July 30, 2008. The NRC's review is in progress, and a decision on the application is expected in late 2011. PEF has also requested a Limited Work Authorization (LWA) from the NRC. The LWA request covers the installation of a perimeter diaphragm wall and preliminary foundation work for the two units, and related buildings that are not nuclear safety-related items. An NRC-certified design for the AP1000 allows an applicant for NRC COL approval to avoid readdressing matters that the NRC has already considered when reviewing an individual COLA that uses that standard design. This approach is expected to provide more predictability and reduce the NRC's licensing review process. For PEF, the advantages of a standard design include the ability to apply lessons learned from other projects being constructed ahead of the LNP, as well as improved performance in cost and scheduling. PEF is seeking certification under the PPSA prior to completion of the NRC approval because state site certification will allow PEF to begin early site preparation (such as access roads) and will allow PEF to proceed to acquire property rights within the electrical transmission corridors. The NRC regulates radiological effluents and monitoring at nuclear power plants. The state of Florida does not have regulations specifically applicable to regulation of spent nuclear fuel. Under NRC regulations, nuclear power plants are required to have radiological environmental monitoring programs (REMPs). Part of the REMP is an offsite dose calculation manual (ODCM). The Florida Department of Health (FDOH), Bureau of Radiation Monitoring, performs much of the monitoring in the ODCM at nuclear power plants under an agreement with the NRC. See 42 U.S.C. § 2021(b); Florida Administrative Code Chapter 64E-5. The FDOH also monitors groundwater wells in the vicinity of a nuclear plant for numerous parameters, including radiological releases. In addition to the separate NRC approvals, PEF has filed applications with DEP for [a federally-required Prevention of Significant Deterioration (PSD) air construction permit under the federal Clean Air Act, a National Pollutant Discharge Elimination System (NPDES)] permit under the federal Clean Water Act, and (in accordance with 403.506(3), Florida Statutes) a state-required environmental resource permit (ERP) from DEP for construction of a new barge slip on the CFBC. DEP issued the final PSD air construction permit on February 20, 2009. DEP has not taken final agency action on the pending NPDES permit application. Federally-required permits issued by the DEP under the Clean Air Act and Clean Water Act are not subject to the PPSA. The PPSA provides that federal permits are reviewed and issued separately by the DEP, but in parallel with the PPSA process to the extent possible. Upon issuance, these federal permits will be incorporated into the conditions of certification. The separate DEP-issued ERP will also be incorporated by reference into the final site certification. Water Use The LNP has two primary needs for water: (1) saltwater to cool the steam condensers (circulating water); and (2) freshwater for power generation and component cooling (service water). Freshwater will be drawn from the upper Floridan aquifer. Saltwater will be supplied from the Gulf of Mexico via the CFBC. A circulating water system can be designed to use either freshwater or saltwater. Common design practice is to use the most abundant source; so saltwater was selected for the LNP. The service water system components for the LNP are established by Westinghouse for the AP1000 standard design and require freshwater. The service water system for the AP1000 reactor has been designed to provide an efficient means of cooling plant components with a relatively small demand for freshwater. Most of the water to be used at the LNP site will be needed for steam condenser cooling which will take place in two cooling towers; one for each unit. The source for cooling tower makeup water will be surface saline water withdrawn from the CFBC. Approximately 122 million gallons per day (mgd) will be withdrawn from the CFBC for cooling water needs. A new intake structure would be constructed on the canal bank at a site south of the LNP site and west of the Inglis Lock on the CFBC, approximately 6.5 miles inland from the Gulf of Mexico. Saltwater will be pumped from the CFBC and directed into the cooling tower basin. The circulating water system is a closed-cycle cooling system and is the primary heat sink for the plant during normal operation. Circulating water pumps direct water to the steam condenser to cool the steam after it passes through the main turbines. The heated saltwater is then returned to the cooling towers where it is cooled by air flow and returned to the cooling tower basin. The LNP recirculating cooling water will be cooled by induced draft, counter-flow, mechanical cooling towers. For each unit's cooling tower, there are 44 cooling tower cells, grouped into two banks of 22 cells each. Each of the cooling tower cells will be approximately 75-feet tall. The total length of each 22-cell cooling tower is approximately 1,200 feet. The LNP will have a continuous need to utilize cooling water. Most of the water loss in the cooling towers is a result of evaporation of the water being cooled in the cooling towers. A small amount of circulating water is lost from the cooling towers as liquid droplets entrained in the exhaust air steam. This is known as "drift." When water evaporates from the cooling tower, minerals and solids are left behind. As more water evaporates, the concentration of these materials increases. This concentration is controlled by continuously releasing and replenishing some water from the tower. Accordingly, both saltwater and freshwater are continuously discharged from the plant to help maintain proper water chemistry. This continuous release of water is called "blowdown" and, as proposed in PEF's pending NPDES application, it will be discharged to the discharge canal for the CREC and then into the Gulf of Mexico, a Class III marine water. The LNP will require up to 1.58 mgd, annual average, of freshwater. This freshwater will be used for plant operations, fire suppression, potable water needs, and demineralized water needs. Groundwater will be withdrawn from four supply wells at the south end of the PEF-owned property south of the LNP site. The AP1000 service water system requires freshwater for use in component cooling. The service water system provides cooling water for the nonsafety-related component cooling water heat exchangers. Demineralized water is processed to remove ionic impurities and dissolved oxygen and is used for plant operations that require pure water, primarily the feed water and condensate systems used in power production. When operational, the LNP site must be capable of supplying potable water to approximately 800 employees and visitors daily. Potable water will also be needed for onsite construction. The fire protection system will be capable of providing water to points throughout the plant where wet system fire suppression could be required. The fire suppression system is designed to supply water at a flow rate and pressure sufficient to satisfy the demand of automatic sprinkler systems and fire hoses for a minimum of 2 hours. Cooling Water Intake Structure The LNP cooling water intake structure (CWIS) will be located on the berm that forms the north side of the CFBC approximately 3 miles south of the LNP, downstream of the Inglis Lock. The CWIS will withdraw surface water into four intake pipelines (two for each nuclear unit) that will convey water to the cooling tower basins for use in the cooling towers. These 54-inch diameter pipelines will generally be buried to a minimum depth of five feet. The pipelines will cross over the Inglis Lock Bypass Channel located north of the CFBC on an approximately 33-foot-wide utility bridge. For each of the LNP units, the CWIS will contain three 50 percent capacity makeup pumps, each with a design flow rate of 23,800 gallons per minute (gpm). Two pumps will provide normal cooling tower makeup flow requirements for each unit. The third spare pump will be in standby mode and automatically start if one of the operating pumps shuts down for any reason. A dual-flow traveling screen upstream of each makeup pump will screen floating and suspended materials in the CFBC water. The screen opening will be 3/8-inch. The screens will be sized to ensure that the through-screen water velocity is no more than 0.5 feet per second (fps) to reduce the impingement and entrainment of aquatic life that could enter the pump bay. The velocity of the water in the intake bay upstream of the traveling screens (the approach velocity) will be about 0.25 fps. Upstream of the traveling screens will be trash racks (also referred to as bar racks). These are a series of steel bars (4 inches apart) to prevent large objects from entering the CWIS. Potential Impacts of Surface Water Intake Cooling water will be withdrawn via the CWIS from a section of the CFBC that extends approximately 7 miles from the Inglis Lock west to the Gulf of Mexico. Operation of the Inglis Lock was discontinued in 1999; the lock separates Lake Rousseau (to the east) from this section of the CFBC. This section of the CFBC has a continuous opening to the Gulf of Mexico. The CFBC bisects the Withlacoochee River, severing the original hydraulic connection between Lake Rousseau and the Lower Withlacoochee River. To maintain flow to the Lower Withlacoochee River which is north of the CFBC, the Inglis Lock Bypass Channel and associated Inglis Lock Spillway were built adjacent to the Inglis Lock (north of the CFBC). Flows in the CFBC are primarily a result of tides coming in and out from the Gulf of Mexico and, to a lesser extent, rainfall. Periodically, freshwater is released from Lake Rousseau into the CFBC via the Inglis Dam. Also, there is some groundwater seepage into the CFBC as well as minor leakage from the Inglis Lock. Residence time for water in the CFBC near the proposed CWIS is currently over 200 days; there is very little outflow. Waters in the CFBC downstream of the Inglis Lock vary in salinity seasonally, with tidal influences, and depending on freshwater releases from the Inglis Dam. On average, the salinity in the area of the CFBC where the intake structure is proposed to be located is approximately 10 parts per thousand (ppt). As the CFBC approaches the Gulf of Mexico, salinity increases, averaging over 20 ppt and as high as 30 ppt. The CFBC ranges from approximately 200-to-260 feet wide. There is vegetation along the banks, as well as riprap, the latter consisting of huge rocks to limit erosion. The upper end of this section of the CFBC has algal blooms during the summer and muddy, silty bottom conditions that limit biological activity. The CFBC does not have seagrass beds that serve as aquatic habitat, except downstream where it joins with the Gulf of Mexico. The CFBC does not serve as significant habitat for endangered fish species, such as the Gulf Sturgeon or Smalltooth Sawfish. Although freshwater and saltwater species may use the CFBC occasionally, it does not serve as significant spawning habitat for any migratory, sport, or commercial fish species. Pursuant to the proposed conditions of certification, pre- operational monitoring and sampling in the CFBC will be used to identify any changes in the use of that canal by such fish species. With regard to the remnant section of the Withlacoochee River between the Inglis Dam and the CFBC (Old Withlacoochee River, or OWR), the biota in the middle and lower reaches of that waterbody currently show the effects of variable salinity levels; these areas are characterized by organisms typically found in marine conditions. The upper reach of the OWR has species normally found in freshwater systems. Aquatic species in the OWR are affected by periodic releases from the Inglis Dam. The LNP CWIS hydraulic zone of influence on the CFBC extends about 5 miles to the west down the approximately 7-mile long CFBC. The hydraulic zone of influence defines the point at which the flow of the CFBC would be affected by the CWIS, under static conditions. In its biological analysis, PEF assumed that potential intake impacts would extend beyond this hydraulic zone of influence. After installation and operation of the LNP CWIS, the dominant forces affecting flow conditions in the CFBC will continue to be primarily tidal activity and releases from Lake Rousseau. The CFBC will become more saline. However, installation and operation of the LNP CWIS will improve flow conditions in the CFBC by adding consistent and very slow upstream movement of about 122 mgd. The LNP CWIS will cause the saline-freshwater transition zone to move up the remnant channel of the OWR, south of the CFBC. The increased salinity is not expected to affect the small enclave of freshwater organisms living in that upper segment of the OWR. Potential adverse impacts from a CWIS include entrainment (when organisms smaller than the screen openings enter the cooling water) and impingement (when organisms larger than the screen openings become trapped on the screen). Potential impacts of entrainment and impingement will be minimized because the LNP CWIS will utilize a closed-cycle recirculating cooling water system which will reduce the amount of cooling water required by approximately 90 percent; the through-screen velocity will be 0.5 fps or less; and the LNP will not disrupt thermal stratification in the CFBC. Under federal law, DEP will make the final determination of compliance with Section 316(b) of the Clean Water Act requirements in the NPDES permit. The LNP CWIS is not expected to pose a threat to threatened or endangered species or migratory, sport, or other fish species. Monitoring for fish species in the CFBC will be undertaken under the FWC's proposed conditions of certification to identify any actual impacts to such species and the need for any mitigation for such impacts. Locating the CWIS near the Inglis Lock on the CFBC will result in less entrainment and impingement impacts compared to potential locations closer to the mouth of the CFBC or in nearby off-shore waters. Proposed conditions of certification require PEF to submit a post-certification survey and monitoring plan for the CFBC and Withlacoochee River to assess actual impacts of the withdrawals for the LNP on these water bodies. If, after review of the annual reports required by these conditions by FWC, DEP, and SWFWMD, there is an indication of adverse impacts, PEF must submit a CFBC and/or Withlacoochee River mitigation plan to mitigate those impacts. As part of its pending NPDES permit application, PEF submitted a "316(b) Demonstration Study" to address compliance with intake standards applicable to the LNP CWIS. Final agency action on the NPDES permit application, including a determination of compliance with Section 316(b) regulations, has not been taken by DEP. Under 40 C.F.R., Subpart I, Sections 125.80-125.89, if pre- and post-operational monitoring demonstrates unacceptable adverse impacts associated with the CWIS, operational and technological improvements to the CWIS may be required. Under the proposed conditions of certification, the final NPDES permit for the LNP will be incorporated by reference into the conditions of certification. Operation of the CWIS is expected to have a negligible impact on saltwater intrusion in the area bounded to the south by the CFBC and to the north by the Lower Withlacoochee River. The waters of the CFBC are marine waters. There currently is stratification in the CFBC, with higher salinity along the bottom of the water column. The change in density of water in the CFBC as a result of the increased salinity due to the LNP's proposed water use in the CFBC is not expected to affect freshwater resources. The tide in the CFBC currently fluctuates 2-3 feet twice per day. The construction of the CFBC and the bisection of the Withlacoochee River have resulted in reduced freshwater flows in the lower portion of the Withlacoochee River north of the CFBC. There is no direct connection between the CFBC and the Lower Withlacoochee River (north of the CFBC). The flow in the By- pass Channel provides less freshwater from Lake Rousseau to the Withlacoochee River than historically flowed into the lower portion of the River. This has caused saltwater to move up the Lower Withlacoochee River, particularly during periods of low flow. SWFWMD has evaluated restoration of the River to its original condition, but has not advocated reconnection. Reconnection of the Withlacoochee River or downstream impoundment of the CFBC probably would not prevent the impacts of increased salinity in the Lower Withlacoochee River during periods of low freshwater flow. Although no agency is currently pursuing a project of this type, DEP has proposed a condition of certification to address future public projects for the maintenance, preservation, or enhancement of surface waters requiring modifications to the CFBC. Potential Impacts to Manatees Manatees use the Withlacoochee River and the CFBC year round, but primarily during the warmer months. The CFBC, including the area of the LNP intake, is not listed as critical habitat for manatees under the federal Endangered Species Act. Construction activities in the CFBC can take place in a manner reasonably likely to avoid adverse impacts to manatees. The FWC has proposed conditions of certification designed to protect manatees from adverse impacts of in-water construction through monitoring and mitigative measures. Compliance with these conditions will minimize impacts to manatees. The operation of the LNP cooling water intake structure (CWIS) is not likely to adversely impact manatees. The potential impacts of the LNP CWIS on manatees will be minimized by the system design and location. Additionally, DEP and FWC have proposed conditions of certification requiring PEF to submit a final CWIS plan for review by FWC prior to construction of the CWIS with regard to manatee safety issues. Potential impacts to manatees from barge traffic on the CFBC related to delivery of Project components and materials for the construction of the LNP is not expected to adversely impact manatees. FWC has proposed conditions of certification to protect manatees during in-water construction. Compliance with the proposed conditions of certification will minimize potential impacts to manatees. Impacts of Groundwater Withdrawals The LNP's proposed groundwater use meets all of the SWFWMD's water use criteria. To demonstrate that the proposed groundwater withdrawals associated with LNP operations will comply with the SWFWMD water use criteria, including not causing unacceptable adverse environmental impacts, PEF performed a groundwater modeling analysis using the SWFWMD's District-Wide Regulation Model 2 (DWRM2) groundwater flow model. The DWRM2 is an acceptable groundwater flow model for evaluating the effects of groundwater withdrawals. The DWRM2 modeling demonstrated that the proposed groundwater withdrawals would not lower surficial aquifer levels to the point of causing unacceptable adverse impacts to wetlands and other surface waters, or interfere with existing legal users. Groundwater pumping for the LNP is not expected to adversely impact Lake Rousseau, the Withlacoochee River, or other streams or springs in the Project area. Groundwater withdrawals for the LNP are likewise not expected to induce saline water intrusion, cause the spread of pollutants in the aquifer, adversely impact any offsite land uses, cause adverse impacts to wetland systems, or adversely impact any other nearby uses of the aquifer system. To confirm the values used in the groundwater flow model supporting the application, proposed certification conditions require that an aquifer performance testing plan be submitted by PEF, approved by the SWFWMD, and implemented. If leakance and transmissivity values derived from actual onsite well tests differ more than 20 percent from values determined through earlier modeling, PEF is required to revise its groundwater model to incorporate the aquifer test results and undertake further modeling. Updated groundwater modeling results will be used to determine whether alternative water supplies or additional mitigation will need to be implemented. To help ensure that the proposed groundwater use does not cause unacceptable adverse environmental impacts, SWFWMD and DEP recommended that conditions be included in the site certification requiring an environmental monitoring plan to evaluate the condition of surface waters and wetlands in areas that could potentially be affected by groundwater withdrawals. Monitoring will continue for a minimum of five years after groundwater withdrawals reach a quantity of 1.25 mgd on an annual average basis. Annual monitoring summaries will be submitted. If, after five years, this monitoring demonstrates that no adverse impacts of groundwater withdrawals are occurring or predicted, PEF may request that monitoring be discontinued. Groundwater withdrawals will be metered and reported to DEP and SWFWMD on a monthly basis. Proposed conditions of certification require periodic water quality sampling be performed on the withdrawn groundwater to ensure no adverse impacts to water quality. Proposed conditions also address ongoing monitoring and compliance by requiring a full compliance report every five years throughout the life of the LNP, to demonstrate continued reasonable assurance that the groundwater use is meeting all of the applicable substantive water use requirements set forth in SWFWMD rules. The SWFWMD has not established water reservations or minimum flows or levels for any waterbody in the vicinity of the LNP. Therefore, the use of water from the CFBC and from the ground will not violate any currently established water reservation or minimum flow or level. Fracture sets (also called solution channels) are small openings through which groundwater moves. Fracture sets are only an issue in groundwater flow if preferential flow paths develop near one of the solution channels. Preferential flow paths tend to develop near existing springs. There are no springs on the LNP site, and subsurface investigations did not reveal any evidence of solution channels under the site. PEF also proposes to withdraw groundwater as part of the dewatering needed for plant construction. PEF proposes to install an impervious diaphragm wall around and below the foundation excavations for each nuclear unit to minimize water flow into the construction site. It is anticipated that dewatering at each unit could last as much as two years. Additional construction dewatering will also be necessary in some locations for installation of the pipelines and other linear facilities. Naturally-occurring groundwater collected during dewatering and excavation activities will be directed into stormwater runoff ponds and allowed to filter back into the ground to recharge the surficial aquifer. Dewatering is expected to cause only a modest amount of drawdown of the surficial aquifer. Construction-related dewatering activities will be approved by DEP and SWFWMD on a post-certification basis after final construction designs are submitted. Potential Surface Water Discharge Impacts The LNP will have a combined wastewater discharge comprised of several wastewater streams. Blowdown from the cooling towers will comprise about 98 percent of the LNP wastewater. The blowdown will be combined with significantly smaller quantities of plant wastewaters, treated plant sanitary wastewater, and occasionally stormwater. LNP wastewaters consist of effluents from process equipment, floor drains, laboratory sample sinks, demineralized water treatment system effluent, and treated steam generator blowdown. Wastewaters will be processed before discharge. The treatment systems include oil separators (to separate oily wastes from the rest of the waste stream) and a wastewater retention basin (to settle out suspended particles). The combined LNP wastewater, as proposed by PEF in its pending NPDES permit application, will be piped to the CREC and released into the existing CREC discharge canal which flows into the Gulf of Mexico. The cooling tower blowdown discharges from the LNP will include saltwater blowdown from the plant recirculating cooling water system and freshwater blowdown from the service water cooling system; the vast majority of this will be saltwater blowdown from the plant recirculating cooling water system. The normal 2-unit recirculating water blowdown rate is expected to be 57,400 gallons per minute (gpm) or 81.4 mgd, and the maximum blowdown rate is expected to be about 59,000 gpm or 84.9 mgd. The 2-unit service water blowdown rate is expected to vary from about 130 gpm during normal operation, to a maximum of about 400 gpm. The CREC currently has two NPDES permits authorizing discharges to surface waters of the State. CREC Units 1, 2, and 3 are cooled with once-through cooling water from the CREC intake canal that is then discharged into the Gulf of Mexico via the existing CREC discharge canal. Once-through cooling water is cooling water that is released after condensing the steam, without being recycled in a cooling tower system. CREC Units 4 and 5 have cooling towers that receive make-up water from the CREC discharge canal and release blowdown into the discharge canal. The discharges for all five CREC units are released to the Gulf of Mexico through a single discharge canal at the CREC site. PEF has proposed to utilize the CREC discharge canal for the LNP discharge; however, the final location will be subject to approval as part of DEP's final agency action on PEF's pending application for an NPDES permit. The wastewater flow at the CREC is limited under the existing CREC NPDES permits to 1,898 mgd during the summer and 1,613 mgd during the winter. The expected day-to-day total wastewater flow from the LNP will be 83.4 mgd, with a conservative maximum total flow rate of 87.9 mgd. The proposed LNP discharge would be equivalent to 4-5 percent of the permitted discharge from the CREC. The design temperature of the LNP wastewater discharge is 89.1ºF, which is expected to be met more than 99.5 percent of the time. This LNP design temperature is cooler than the existing permitted temperature of the existing combined CREC discharge (96.5ºF). Even the expected worst case temperature of the LNP discharge (96.4ºF), will be cooler than the existing temperature limit applicable to CREC. With the addition of the LNP discharge, the CREC is expected to continue to meet its existing thermal permit limit. The addition of the LNP wastewater to the CREC discharge canal is not expected to significantly change the existing area of thermal impact associated with existing CREC discharges. Evaluation of the Project wastewater in this certification proceeding indicates that impacts to flora and fauna, including seagrasses and shellfish beds, will be minimized. PEF has committed to a condition of certification requiring the post-certification submittal of a surface water monitoring plan to DEP to ensure there will be no adverse impacts to seagrasses. The finding related to shellfish beds is supported by a letter from the Florida Department of Agriculture and Consumer Services to the DEP stating that "[r]eclassification of the shellfish harvesting areas will not be necessary if the Project is built as proposed." The LNP wastewater is projected to meet the limits defined under 10 C.F.R. Part 20. Evaluation of the LNP wastewater discharge in this certification proceeding indicates that impacts to surface water quality will be minimized. Adding the LNP discharge to the CREC discharge canal is not expected to have an adverse impact on manatees. The LNP discharge structure at the CREC is likewise not expected to cause adverse impacts to manatees that may be present in the CREC discharge canal. Evaluation of the LNP wastewater in this certification proceeding indicates that impacts to benthic invertebrates, fish, and other organisms in the Gulf of Mexico will be minimized. The discharge is not expected to have adverse impacts on endangered fish species. Proposed conditions of certification require PEF to submit a discharge monitoring plan to ensure that the addition of the LNP wastewater to the CREC discharge does not cause adverse impacts. If, after review of the annual reports required under these conditions by FWC, DEP, and SWFWMD, there is an indication of adverse impacts, PEF must submit a mitigation plan to address those impacts. DEP's final agency action on PEF's application for an NPDES permit for the LNP, if issued, will include final action on compliance with water quality standards and will be incorporated by reference into the conditions of certification. Surface Water Management System The LNP surface water management system consists of pipes and ditches that collect and convey stormwater from the plant area into onsite wet treatment ponds before discharge. Stormwater along the heavy haul road will be collected in roadside swales. The plant area will be raised approximately eight feet. Stormwater will drain from this area into three stormwater ponds. Any cross-flows from the plant site toward the raised areas will pass around the site through culverts or ditches. The stormwater ponds and swales are sized to treat stormwater releases to meet SWFWMD rules. In addition, all construction-related surface water management facilities will comply with SWFWMD's surface water management criteria. The design and proper construction and operation of the surface water management system will satisfy SWFWMD's water quantity and water quality criteria in Rules 40D-4.301 and 40D- 4.302. PEF has committed to a post-certification submittal of detailed stormwater design information to address floodplain impacts as required by section 4.7 ("Historic basin storage") of the SWFWMD Basis of Review for Environmental Resource Permit Applications (adopted in Rule 40D-4.091, which is incorporated by reference in Rule 62-330.200(3)(e)). Solid Waste Disposal There will be no onsite disposal of hazardous waste during construction of the LNP. All hazardous waste will be handled in accordance with applicable federal, state, and local regulations. Contractors will be responsible for having detailed procedures in place to handle hazardous waste. During operation, hazardous waste will be managed and disposed of in accordance with federal and state regulations under the federal Resource Conservation and Recovery Act. PEF has procedures in place for management and control of hazardous materials; such materials will be disposed of offsite through permitted facilities. All solid waste generated during construction will be disposed of at a permitted offsite landfill. There will be no onsite disposal of solid waste. Non-nuclear solid waste generated during operation of the LNP will be disposed of offsite at a permitted landfill. A proposed condition of certification precludes processing or disposal of solid waste onsite. Air Emissions, Controls, and Impacts The LNP is a nuclear-fueled power generating facility that will use uranium dioxide pellets in fuel rods. The LNP will also use a relatively small amount of diesel fuel in its emergency diesel generators, ancillary generators, and fire pump engines. Therefore, the LNP will not emit the typical types and quantities of air pollutants from fossil-fueled power generation such as sulfur dioxide, nitrogen oxides, particulates or carbon dioxide (CO2). The sources of air emissions at the LNP will include the two banks of mechanical draft cooling towers and diesel- fueled emergency power generators and fire pump engines. Air pollutants that will be emitted during normal facility operation will be limited to particulate matter (PM), both more than and less than 10 microns in diameter, which will be emitted from the low profile cooling towers. There will be a small amount of air emissions from the diesel-fueled emergency power generators and fire pump engines; however, these emissions are only expected to occur during the few hours per month when the engines are run for maintenance and testing purposes. There will be no other significant sources of air emissions from operation of the LNP. PM emissions from the draft cooling towers will occur as a result of the entrainment of a small amount of water, as small-diameter droplets, in the exhaust stream from the towers. Particulate matter, consisting of the naturally occurring dissolved solids that will be present in the cooling water, will be contained in these entrained droplets. The droplets and the associated suspended solid particulate matter are known as cooling tower "drift." The amount of cooling tower "drift" is controlled through the use of very high efficiency mist eliminators that will be in the cooling tower. The use of high efficiency mist eliminators on the LNP cooling towers is consistent with state and federal regulations that require the use of Best Available Control Technology to limit such air emissions. The LNP will be located in Levy County which is currently attaining all ambient air quality standards for all pollutants. The LNP will not have an adverse or discernible impact on ambient air quality at the LNP site, or at any location, for any regulated air pollutant. The LNP will not generate power by combusting any fuel. Therefore, there will be no measurable greenhouse gas emissions, including carbon dioxide, during normal plant operation. The estimated CO2 emissions from a natural gas-fired combined-cycle generating facility capable of generating the same amount of electricity as the LNP is approximately 6.4 million tons per year. For comparison, the estimated CO2 emissions from the LNP, which result from periodic testing of the facility's diesel-powered emergency equipment, is only 618 tons/year. Visible plumes from the cooling towers will remain very close to the cooling towers (within approximately 300 feet) under most meteorological conditions. The occurrence of visible vapor plumes at offsite locations is expected to be infrequent. The operation of the cooling towers is expected to have no significant or adverse impacts due to ground level fogging on any roadway or at offsite locations during plant operation. The maximum predicted offsite solids deposition rate from operation of the LNP cooling towers is six pounds per acre per month immediately adjacent to the nearest LNP property boundary. This is below the de minimis adverse impact threshold of nine pounds per acre per month published by the NRC. The rate of deposition is predicted to decrease rapidly and significantly with increasing distance from the plant. Operation of the LNP cooling towers is not expected to cause discernible impacts on any natural resources, including surface waters or wetlands. Noise Impacts of Construction and Operation The noise limits applicable to the LNP site are set by the Levy County Code of Ordinances. The noise limits defined by the County ordinance for the area surrounding the LNP site are 65 dBA from 7 a.m. to 10 p.m. and 55 dBA from 10 p.m. to 7 a.m. There are no other local, state, or federal noise regulations that apply to the plant. PEF conducted noise impact evaluations for construction and operation of the LNP. Ambient noise levels were measured at six locations around the LNP site. Noise levels were conservatively estimated by adding the composite average noise levels that would be generated by construction equipment during the loudest phases of construction. Equipment sound propagation factors were obtained from industry references. The noise model known as CADNA/A was used to predict noise levels at onsite and offsite locations, including the nearest residences for both construction and operation. The noise levels during construction activities and during normal maximum operation of the LNP plant site are projected to be below the Levy County noise limits for all hours at all offsite locations, including the locations of the nearest residences. Due to the large buffer surrounding the developed area of the site, and the relatively low noise levels associated with the LNP, there are not expected to be any significant or adverse noise impacts during construction or operation of the LNP. Wetlands and Terrestrial Ecology (Plant and Transmission Line Corridors) The proposed LNP site has been used for many decades for the production of pine. The clearing of native vegetation, furrowing, bedding, planting, and harvesting (primarily for pine) has altered the site from a natural Florida landscape into a monotypical landscape in both upland and wetland areas with reduced functional attributes. There are no open water bodies or streams on the LNP site. There are some flow-way connections between some of the wetlands, but they are not of the kind that will support long- term fish habitat or aquatic insect communities. Due to the silvicultural nature of the site and recent clearing, the ideal complement of biodiversity on the LNP site is no longer present. The predominant wildlife species are those that tolerate a mono-specific pine tree habitat, such as deer, turkey, and wild hogs. While pre-application surveys indicate that protected species occur at and in the vicinity of the LNP site, several of Florida's listed species are not likely to extensively use the LNP site. Impacts to State-listed and important wildlife species that have been documented or may occur on the LNP site and adjacent uplands will be further minimized under the proposed conditions of certification, including pre-construction wildlife surveys and consultation with FWC on the results and needed measures to avoid and mitigate such impacts. Historically, the 3,105-acre LNP site was dominated by forested cypress wetland systems. However, over the last century or more, those have been harvested and allowed to re- grow, so that many of the wetlands are no longer dominated by cypress trees. Today, most of the forested wetland systems in the footprint of development have been cleared of trees. The anticipated maximum wetland impacts for the entire Project, including the impacts from associated facilities and electrical transmission lines, are estimated to be 765 acres. These impacts are estimated to be: 13.3 acres of open water; 638.4 acres of forested wetlands; and 113.0 acres of herbaceous wetlands. Approximately one-half of the wetland impacts are expected to occur on the LNP site and one-half are expected to occur offsite. The Project's 765-acre wetland impact is a conservative estimate, including long-term and short-term impacts that are the result of direct dredging and filling as well as temporary disturbance. It is likely that the actual impact will decrease as the routing of facilities is refined within the electrical transmission and other corridors and on the LNP site. Based on these anticipated wetland impacts and the functions being provided by these wetlands, PEF calculated the proposed maximum wetland functional loss for the LNP to be 410.9 functional units, as determined under Florida's Uniform Mitigation Assessment Methodology (UMAM) contained in Rule Chapter 62-345. The UMAM scoring indicates that, on average, the wetlands being impacted have approximately one-half of the functional ecological value of an ideal wetland system. To comply with the applicable SWFWMD ERP rules under the PPSA process, PEF must offset the wetland impacts caused by the construction and operation of the LNP, associated transmission lines, roads, and pipelines. PEF submitted to DEP a Wetlands Mitigation Plan for the Progress Energy Levy Nuclear Plant and Associated Transmission Lines (WMP). A primary value of the WMP is an overall increase in ecological function provided across several thousand acres in a regionally-significant location. This regional landscape-level ecosystem benefit substantially augments the value of local-scale mitigation activities. The proposed mitigation for the LNP will potentially achieve greater offset of wetland impacts from a regional perspective and is expected to provide significant long-term ecosystem benefit. The WMP identifies a series of possible scenarios from which the appropriate and ultimate mitigation can be derived. Because impacts are still being refined as corridors are narrowed into actual routes, the information in the WMP is designed to demonstrate that there is available and desirable mitigation to affect the final degree of wetlands impacts, once calculated. The comprehensive mitigation plan, as described in the WMP, is an acceptable alternative to traditional "in-basin" mitigation. DEP conceptually approved this WMP with the understanding that more detailed information will be submitted when final routes are established and actual wetland impacts are known. The amount of mitigation PEF will undertake will be based on the amount of wetlands actually impacted. A condition of certification has been included to require submittal of refinements to the mitigation plan for DEP's approval following final certification. PEF looked at ways to reduce and eliminate wetland impacts at several levels, including site selection, routing of roadways, and commitments through discussions with agencies to further reduce impacts as transmission line routes are selected within the transmission corridors. The Project is designed to comply with SWFWMD ERP criteria in Rules 40D-4.301 and 4.302. There are not expected to be unacceptable secondary wetlands impacts due to the construction of the Project. Under SWFWMD rules, as long as a disturbance is at least 25 feet from a wetland, secondary impacts are deemed avoided. For the LNP site, unimpacted wetlands are dozens to thousands of feet away from Project development. Further, the rural and remote location of the facility, along with the high level of security associated with a nuclear facility (i.e., fencing, buffering, and reduced public access) makes causally-connected offsite development unlikely (with regard to the LNP site). The LNP will comply with the cumulative impact requirements of Section 373.414(8), Florida Statutes. The conceptual WMP is designed to be regionally significant and provides ecological benefits beyond the calculated UMAM functional value increase. For example, the WMP has the potential to connect the Goethe State Forest to the historic floodplain of the Withlacoochee River, which will maintain and enhance a large natural wildlife corridor. The LNP is not anticipated to adversely affect the value or functions provided to fish and wildlife and listed species, including any aquatic and wetland species, or other related-water resources. There are no documented listed aquatic or wetland-dependent species that might be adversely affected by construction at the plant site. Impacts to wetland dependent species will be further minimized under the proposed conditions of certification, including pre-construction wildlife surveys and consultation with FWC on the results. PEF has addressed all of the wildlife issues subject to the site certification process. The FWC has recommended certification, subject to conditions related to surveying of development areas and appropriate buffers for species prior to clearing, construction, and development to ensure appropriate relocation or mitigation opportunities and implementation of management activities to ensure the long-term well-being of the species. Project wetlands impacts are not expected to adversely affect the quality of receiving waters with respect to the applicable water quality criteria for those receiving waters, or adversely affect fishing or recreational values or marine productivity. Through implementation of the WMP, construction of the Project is not expected to adversely affect the current condition and relative value of the functions being performed by wetlands. Transportation The primary roadways in the vicinity of the LNP are U.S. Highway 19 (U.S. 19) and County Road 40 (C.R. 40). U.S. Highway 19 is a Florida DOT-maintained, four-lane arterial roadway west of the Project site. C.R. 40 is a Levy County- maintained, two-lane roadway approximately five miles to the south of the plant site. The Levy County Comprehensive Plan has adopted level of service (LOS) standards for roadways within Levy County. While LOS standards do not apply to temporary construction traffic, PEF evaluated the impacts of both LNP construction and operation traffic on adjacent roadways. This evaluation shows that future traffic levels with the addition of the Project construction and operation traffic are projected to be less than one-half the adopted LOS standards for U.S. 19 and C.R. 40. Roadway links during construction and operation of the LNP are projected to operate within adopted LOS standards. Socioeconomic Impacts and Benefits There is an approximate population of 4,700 persons within a five-mile radius of the LNP site. This equates to a population density of approximately 60 people per square mile. The closest towns to the LNP site are Inglis and Yankeetown, which are located approximately 4.1 miles and 8.0 miles southwest of the LNP site, respectively. The total cost of the LNP, including the proposed electrical transmission lines, is approximately $17 billion. The LNP construction workforce is expected to peak at approximately 3,300 workers in 2014. The operation workforce will consist of approximately 800 employees, with an additional 800 workers needed every 18 months for between 20 and 30 days to refuel the facility. PEF sees retention rate benefits when hiring locally and would like to employ the local workforce for construction and operation of the LNP. PEF has programs in place to train local residents to become part of the future workforce for the LNP. These programs focus on both construction and operation personnel and include programs or potential programs at Bronson High School, Chiefland High School, Dixie County High School, the Withlacoochee Technical Institute, and Santa Fe Community College. PEF is also working in partnership with Dunnellon High School (which draws students from Levy, Citrus, and Marion Counties) on a Power Academy to prepare students for the construction and operation of the LNP. PEF has a successful nuclear engineering program partnership with the University of Florida to train both nuclear engineers and plant operators, including the use of a first-of-its-kind digital training simulator. PEF has provided grants to modernize the nuclear facilities at the University of Florida. In 2005, there were approximately 395,000 workers in the region (defined as a 50-mile radius around the LNP, including Levy, Citrus, Marion, Alachua, Dixie, Gilchrist, Hernando, and Sumter Counties). Specific to construction of a nuclear power plant, there were 4,900 heavy construction workers in the region in 2006. It is probable that more of these 4,900 workers will be available due to rising unemployment rates across the region. Unemployment rates for the three counties immediately surrounding the LNP site have risen from around four percent in 2005 to eight percent in late 2008. There is sufficient housing available in the region to accommodate both LNP construction and operation employees. Construction of the LNP is not expected to significantly increase the number of pupils in the surrounding school systems. The school systems in the region of the LNP will be able to accommodate the increased number of pupils as a result of LNP operations workers and their families. Public services and facilities in the region of the LNP are sufficient to absorb any incremental population growth associated with construction and operation workers and their families. Construction of the LNP will have little, if any, impact on recreational facilities and uses in the area around the LNP site in Levy and Citrus Counties. During LNP operation, recreational facilities and uses will not be impacted. There are no officially-designated landmarks within five miles of the LNP site. The peak construction workforce in 2014 will result in approximately $152 million in annual earnings. Construction earnings in other years will also be substantial. In addition to jobs and earnings, the construction of the LNP will contribute an estimated $263 million annually to the regional economy via direct, indirect, and induced goods and services. The direct social and economic impacts of the LNP operation are expected to include approximately 800 direct jobs; 1,100 indirect or induced jobs; and associated increases in sales, property tax, and output revenues. These operations workers are expected to generate over $53 million in annual payroll. The LNP overall is expected to contribute nearly $521 million annually to the regional economy via direct, indirect, and induced goods and services. Local property tax collections will begin when Unit 1 is brought on-line, resulting in approximately $63 million in tax revenue to Levy County in the first year of operation. Annual property tax collections in Levy County of approximately $18 million are projected to increase by $104 million once both LNP units are operational. Archaeological and Historic Sites Construction and operation of the LNP will not adversely impact archaeologically significant sites or historic standing structures. The Project complies with all federal and state standards for identification and protection of archaeological sites. Field surveys of the plant site, the corridor extending south to the CFBC, and the pipeline corridor to the CREC did not reveal any archaeological sites or historic standing structures eligible for listing in the National Register of Historic Places (NRHP). The Florida State Historic Preservation Officer (SHPO) concurred with PEF's survey methodology and the determination that no sites are NRHP- eligible. PEF has guidelines designed to protect historic sites, landmarks, artifacts, and archaeological sites in the event of an inadvertent discovery. The Florida SHPO has concurred with PEF's approach to protect inadvertent discoveries during land-disturbing activities. Land Use PEF filed applications with Levy County for a comprehensive plan amendment and special exception zoning approval for the LNP. Those applications were approved and are now final. The majority of the existing land use on the LNP site is silviculture, and the property is unimproved. The primary existing land use of the property to the south of the LNP, where the heavy haul road, water pipelines, and other facilities will be located, is likewise silviculture and otherwise unimproved. The properties along the blowdown pipeline corridor to the CREC are primarily vacant and largely unimproved. The nearest residence to the LNP is approximately 1.5 miles to the northwest of the power block generating facilities, measured from the edge of the nearest power block to the residence. The electrical generating facilities are designed with a minimum 1,000-foot setback from the property line of any property not under the control of PEF. A natural 100-foot vegetative buffer is required to be maintained around the LNP's perimeter where the adjacent property is not under PEF's control. Given the setbacks, the perimeter vegetation, and the 250-foot maximum height limitation under Levy County's special exception for the LNP, the physical structures at the LNP site will not be visible from surrounding properties at ground level. The location of the LNP is consistent with the existing and future land uses surrounding the site. The cooling water blowdown pipelines are located to have the least impact on the existing land uses in the area. The LNP will have little impact on land uses in the vicinity. The LNP is consistent with the Levy County Comprehensive Plan and land development regulations (LDRs), the Strategic Regional Policy Plan of the Withlacoochee Regional Planning Council, and the State Comprehensive Plan contained in Chapter 187, Florida Statutes. Electrical Transmission Lines Project Description Generally, the purpose of electrical transmission lines is to transmit large amounts of electricity from a generating facility to one or more substations. Transmission lines operate at voltages above 69 kilovolts (kV). Bulk power, generally operating at 230-kV or 500-kV, is transferred from the generating plant to the substation. At the substation, the voltage of the electricity is changed through transformers and other electrical equipment for further transportation or distribution directly to customers. PEF is seeking certification of nine proposed corridors for transmission lines associated with the LNP. A proposed corridor is associated with each of the proposed transmission lines identified in Findings of Fact 182-189. All of the proposed transmission lines will directly support the construction and operation of the LNP. Corridor Selection Methodology PEF established a multi-disciplinary team to identify a corridor for each of the proposed transmission lines. The role of this team was to select a proposed corridor for certification for each line based on an evaluation of environmental, land use, socioeconomic, engineering, and cost considerations. The multi-disciplinary team was composed of experts in transmission line design, land use planning, system planning, real estate acquisition, corporate communications, and environmental disciplines as they relate to transmission lines. The multi-disciplinary team engaged in four major steps in this process. The first was to establish and define a project study area for each transmission line. The second step was to conduct regional screening and mapping. The third step was to select and evaluate candidate corridors using both quantitative and qualitative analysis. The fourth step was to select the proposed corridors and identify the boundaries of those corridors. Data collection was performed in connection with this effort from the databases of federal, state, regional, and local agencies and organizations, as well as from the public in a series of conferences and open houses described in Findings of Fact 8-11. A number of field studies, internal meetings, and individual and small group meetings were held with members of the public as a part of the process. In defining the project study area for each transmission line, the multi-disciplinary team considered the starting and ending points for the lines and other linear facilities in these areas. Within each study area, the multi-disciplinary team gathered regional screening data from a variety of sources to identify the different types of opportunities and potential constraints for siting a transmission line in the project study areas, such as various environmental and land use features, existing infrastructure, archeological and historical sites, roads, railroads, rivers, waterbodies, and similar features. The multi-disciplinary team evaluated each corridor using quantitative environmental, land use, and engineering criteria. Relative weights for each quantitative criterion were developed and validated with input from agency representatives and the public during the public outreach portion of the corridor selection process. The weights were applied to the quantitative values for the criteria for each candidate corridor segment and the scores were tabulated for all candidate corridors. The candidate corridors were then ranked in order from best to worst based on quantitative weighted scores. The high-ranking candidate corridors were then evaluated using predetermined qualitative criteria which do not lend themselves easily to quantification, such as the types of wetlands and vegetation present, safety, constructability considerations, and other similar considerations. Based on the quantitative and qualitative evaluation of the high-ranking candidate corridors, the multi-disciplinary team ultimately chose the nine proposed corridors. Once the proposed corridors were selected, the multi-disciplinary team refined the boundaries of each of the PEF proposed corridors. The team developed corridor boundaries of varying widths by narrowing the corridor to avoid siting constraints where practicable or widening the corridor to take advantage of siting opportunities. Transmission Line Design A transmission line generally consists of a steel or concrete structure, the conductor, which is attached to the structure by an insulator, and overhead groundwires used for lightning protection and communications for the protection and control systems located in the substation. Access roads and structure pads are also associated with transmission lines. The Project’s 230-kV and 69-kV transmission lines will be constructed using single-shaft tubular steel or spun concrete structures. The conductors will be attached to the structures with braced line post or V-string insulators. The braced line post arrangement is a compressed construction design which minimizes the amount of right-of-way needed. The V-string insulator design allows longer span lengths due to the increased strength of this assembly. Typical heights will range from 80 to 145 feet for the 230-kV structures and 60 to 90 feet for the 69-kV structures. The 500-kV transmission lines will be constructed using tubular steel H-frame or monopole structures. The conductors will be attached to the structures with V-string insulators which provide the necessary strength and minimize the amount of right-of-way needed. Structure heights will range from 110 to 195 feet. The span length between structures and the pole height will vary due to natural or man-made constraints such as wetlands, waterbodies, property boundaries, existing utility poles, utility lines, and roadways. The typical spans between structures supporting 230- kV transmission lines will range from approximately 500 to 700 feet for the braced line post structures and 700 to 1,400 feet for the V-string structures. The typical spans between structures supporting 69-kV transmission lines will range from approximately 250 to 600 feet. The typical spans between structures supporting 500-kV transmission lines will range from approximately 1,000 to 1,500 feet. Access roads and structure pads will be constructed only where necessary. When new roads are required, they will typically be 18 feet wide and unpaved, with the top elevation, two feet above the expected seasonal high water line. Generally, the existing ground will be leveled, a geotextile fabric will be installed, and compacted sand and gravel will be added to arrive at the desired road elevation. Culverts will be installed as required to maintain preconstruction waterflows. Structure pads will typically be 70 feet wide and 100 feet long and unpaved, with the top elevation, two feet above the expected seasonal high water line. The size of the structure pads will vary depending upon the heights of the structures supported and other site-specific factors. The designs for these access roads and structure pads have been used by PEF in the past and have been previously approved in Florida. Design Standards The transmission lines will be designed in compliance with all applicable design codes and standards. These include the National Electrical Safety Code, the standards of the North American Electrical Reliability Corporation, DEP's regulations on electric and magnetic fields, applicable local government requirements such as noise ordinances, and the DOT Utility Accommodation Manual. PEF's own internal design standards incorporate appropriate provisions or guidance from design codes and standards of the American Society of Civil Engineers, the Institute of Electrical and Electronics Engineers, and American Society of Testing Materials, the American National Standards Institute, and the American Concrete Institute. Transmission Line Construction PEF will work with the regulatory agencies and landowners to determine where the rights-of-way, transmission structures, access roads, and structure pads should be located. As rights-of-way are being selected, they will be surveyed to facilitate acquisition of the necessary property interests. After the right-of-way is established within the certified corridor, the initial phase of construction involves clearing the right-of-way. Where the proposed right-of-way is in uplands, the right-of-way clearing for the project will consist of vegetation and tree removal as necessary. Where the proposed right-of-way is in wetlands, vegetation will be cleared utilizing restrictive clearing techniques as necessary for specific sites. Restrictive wetlands clearing will be done by hand, with chainsaws or low ground-pressure shear or rotary machines, to reduce soil compaction and damage to vegetation. The cut material will be removed from the right-of-way utilizing either low ground-pressure equipment or temporary construction mats. Care will be taken to minimize rutting and disturbance of root mat. After the right-of-way is cleared, any necessary access roads and structure pads will be constructed. Existing access roads and structure pads will be used whenever practicable. Where a transmission line will be constructed adjacent to an existing transmission right-of-way, improvements to the associated access roads and paths may be made. Where adequate access roads or structure pads do not exist, new roads and pads will be constructed. The next phase of construction will involve the erection of the structures. All structures will be supported with engineered foundations. Tangent structure foundations will normally consist of either direct buried structures with concrete backfill or reinforced-concrete drilled piers. Structures may also utilize guys and anchors at angle and deadend structures to help support the load. Transmission structures are generally delivered to the site using semi-trucks with open trailers and are assembled onsite as close as possible to the foundation. Typically, the structures are framed with the structure arms and insulator assemblies while lying on the ground. During the assembly process, poles are maneuvered into place using cranes and other lifting equipment to facilitate connections. Once assembled, a crane is used to lift the structures for final placement on the foundation. After the structures are erected, conductor installation will commence. The process of installing conductors involves stringing a pilot line into each structure stringing block to form a continuous connection between stringing end points. This pilot line is then used to pull the conductor into position. The conductor is then tensioned to design specifications, transferred to the support clamp, and clipped into position. The operation is performed on all overhead ground wires and conductors. Typical equipment used in the conductor installation operation includes bucket trucks, wire pulling equipment, guard structures, wire reels, trailers, tensioners, and support vehicles. The final stage of construction will be right-of-way restoration which includes removal of all construction equipment and supplies, grading the right-of-way if needed, and planting or seeding of the disturbed area if needed. During all stages of construction, PEF will maintain traffic on any adjacent county, state, or federal roadways in compliance with DOT regulations. Sedimentation management techniques, including turbidity screens, temporary culverts, silt fences or staked hay bales, and the seeding or mulching of side slopes, will be utilized to minimize potential impacts to water quality from erosion and sedimentation. Corridor Descriptions The LNP will add approximately 185 miles of new 69- kV, 230-kV, and 500-kV transmission lines to be placed within nine proposed corridors. The proposed corridors provide significant opportunities for collocation with other linear facilities such as roads and transmission lines which provides the opportunity to reduce costs, the amount of new access road construction, impacts to wildlife habitat, and other impacts. The width of the proposed corridors varies along the routes to provide flexibility within the corridors to avoid impacts to existing developments, large wetland areas, and other features. After certification, and following the selection of rights-of- way, the boundaries of the corridors will be reduced to those of rights-of-way. The first proposed corridor is associated with the Citrus 1 and 2 lines. The Citrus lines are also referred to as the "LPC" transmission lines and the proposed corridor is referred to as the LPC corridor. The Citrus lines are two 500- kV transmission lines that will connect the LNP to the proposed Citrus Substation, which is not a facility for which PEF is seeking certification. The Citrus 1 and 2 lines will be located in Levy and Citrus Counties. This proposed corridor is approximately seven miles long and one mile wide. The LPC Corridor begins at the LNP site boundary and proceeds south on PEF-owned property south of the LNP site. Through the southern property, the LPC Corridor is collocated with the proposed Sumter and Crystal River 500-kV lines, the Levy South Administration 69-kV line, and is adjacent to the proposed LNP heavy haul road and water pipeline corridors. Continuing south, the LPC Corridor remains collocated with the Sumter and Crystal River lines as well as PEF's existing IO 69-kV line at some locations. The LPC corridor will cross C.R. 40, the CFBC and Inglis Island (which is wedged between the LWR and the CFBC), and will terminate at the proposed Citrus Substation located just north of PEF's existing Crystal River Central Florida transmission line in Citrus County. The second proposed corridor is associated with the Crystal River line, which is also referred to as the "LCR" transmission line and the corridor is referred to as the LCR Corridor. The Crystal River line is a 500-kV transmission line that connects the LNP to the existing CREC switchyard in Citrus County. The Crystal River line will be located within Levy and Citrus Counties. The LCR Corridor is approximately 14 miles long and one mile wide. It begins at the LNP site boundary and proceeds south on the PEF-owned property south of the LNP site. Through the southern property, the LCR corridor is collocated with the proposed Sumter and Citrus 1 & 2 500-kV lines, and the Levy South Administration 69-kV line, and is adjacent to the proposed LNP heavy haul road and water pipeline corridors. Continuing south, the corridor remains collocated with the Sumter and Citrus 1 & 2 lines as well as PEF's existing IO 69-kV line in some locations. The LCR Corridor will cross C.R. 40, the CFBC and Inglis Island, and will enter the existing PEF Crystal River to Central Florida transmission line right-of-way. At this point, the LCR Corridor turns west and follows the general alignment of the existing PEF Crystal River to Central Florida Transmission right-of-way into the CREC where it terminates at the CREC 500-kV switchyard. The third proposed corridor is associated with the Sumter line, which is also referred to as the "LCFS" transmission line. This corridor is referred to as the LCFS Corridor. The Sumter line is a 500-kV transmission line that will connect the LNP to the proposed Central Florida South Substation in Lake and Sumter Counties, which is not a facility for which PEF is seeking certification. The Sumter line will be located in Levy, Citrus, Marion, and Sumter Counties. The LCFS Corridor is approximately 59 miles long and ranges in width from approximately 1,000 feet to one mile wide. For most of its length, the 500-kV LCFS Corridor is collocated with the existing PEF transmission lines, except in the vicinity of the Central Florida South Substation, where it is collocated with the Florida Turnpike. The LCFS Corridor begins at the LNP site boundary and proceeds south on the PEF-owned property south of the LNP site. It will be collocated with the proposed Citrus 1 & 2 and Crystal River 500-kV lines and the Levy South Administration 69-kV line. The LCFS Corridor crosses C.R. 40, the CFBC and Inglis Island, and continues south until reaching the existing PEF Crystal River to Central Florida transmission line right-of-way. At that point, the LCFS Corridor turns east and follows the existing transmission line right-of-way through Citrus and Marion Counties for approximately 45 miles. The corridor turns southeast crossing into Sumter County and crosses S.R. 44 and I-75. The remaining five miles of the LCFS Corridor follows the general alignment of the Florida Turnpike to the southeast and terminates in the area of the proposed Central Florida Substation near Wildwood. The fourth proposed corridor is associated with the Crystal River East 1 & 2 lines, which are also called the "CCRE" transmission lines. This is the CCRE Corridor. The Crystal River East lines are two 230-kV transmission lines that will connect the proposed Citrus Substation to the existing Crystal River East Substation in Citrus County. The lines will be located entirely within Citrus County. The CCRE Corridor is approximately 2.7 miles in length and one mile wide. The west end of the north boundary of the corridor is approximately one- half mile west of U.S. 19 and runs east approximately one-half mile north of West Dunnellon Road (CR-488). The west end of the south boundary of the corridor starts approximately 1 mile west of U.S. 19 and runs east along the northern boundary of the existing PEF transmission right-of-way. At a point approximately 0.3 miles east of U.S. 19, the corridor shifts south approximately one-half mile and continues east for another mile. The corridor also includes five existing 115-kV, 230-kV and 500-kV transmission lines and the Crystal River East Substation. The fifth and sixth proposed corridors are associated with the Levy North and South lines, which are also referred to as the "IS" and "IO" transmission lines. The Levy North and South lines are 69-kV transmission lines required to supply power for the construction and administration of the LNP. These lines will be located entirely within Levy County, and are mostly located on property owned by PEF in the immediate vicinity of the proposed LNP. The IS Corridor is approximately 373 feet in length and 400 feet wide. The IO Corridor is approximately 4.5 miles in length and one mile wide. The IO Corridor will begin at the south boundary of the LNP site and extend south to encompass the existing 69-kV transmission line located south of C.R. 40 in Levy County. The IS Corridor will begin at the west boundary of the LNP site and extend west to encompass the existing 69-kV transmission line that is located parallel to and east of U.S. 19 in Levy County. The seventh proposed corridor is associated with the Brookridge line, which is also referred to as the "CB" transmission line. The corridor is referred to as the CB Corridor. The Brookridge line is a 230-kV transmission line that will connect the existing CREC to the existing Brookridge Substation in Hernando County. The Brookridge line will be located in Citrus and Hernando Counties. The overall length of the CB corridor is approximately 38 miles and ranges in width from approximately 1,000 feet to one mile. The corridor begins at the CREC switchyard and proceeds east towards the existing Crystal River East Substation then southeast to S.R. 44. The corridor collocates with existing transmission line rights-of- way. At S.R. 44, the corridor turns south, following the existing PEF 115-kV transmission right-of-way. Approximately one mile south of Centralia Road, the corridor turns east and ends at the existing Brookridge Substation. The eighth proposed corridor is associated with the Brooksville West line, which is also called the "BBW" transmission line. The corridor is referred to as the BBW Corridor. The Brooksville west line is a 230-kV transmission line that will connect the existing Brookridge Substation to the existing Brooksville West Substation in Hernando County. This line will be located entirely within Hernando County. The overall length of the BBW Corridor is approximately three miles and one-half mile wide. The BBW Corridor exits the Brookridge Substation, collocated with PEF's existing 500/230/115-kV transmission line right-of-way, and travels along Sunshine Grove Road to the south. It terminates at the Brooksville West Substation. The ninth and final proposed corridor is associated with the Kathleen line, which is also called the "PHP" transmission line. The corridor is referred to as the PHP Corridor. The Kathleen line is a 230-kV transmission line that will connect the existing Kathleen Substation in Polk County to the existing Lake Tarpon Substation in Pinellas County. The Kathleen line will be located in Polk, Hillsborough, and Pinellas Counties. The overall length of the PHP Corridor is approximately 50 miles, and it ranges in width from approximately 300 feet to 1000 feet. The corridor begins at the Kathleen Substation and travels west. It crosses U.S. 98 and turns south along the existing transmission line right-of-way to the Griffin Substation. At the Griffin Substation, the corridor turns west paralleling C.R. 582. The corridor crosses U.S. 301 and turns north and then west and crosses I-75, continuing northwest and following the existing transmission right-of-way, and then crosses I-275 and the Veteran's Expressway to the Lake Tarpon Substation. No alternate corridors were proposed for any of the nine proposed transmission line corridors. For each PEF- proposed transmission line corridor, the proposed corridor is the only corridor for the respective line that is proper for certification in this proceeding. For each of the proposed corridors, engineering features of interest, natural resource features, and land use features have been identified and depicted on maps, aerial images, and photographs, which have been utilized in the analysis of the corridors. Operational Safeguards The operational safeguards for each of the transmission lines proposed by PEF are technically sufficient for the public welfare and protection. Each transmission line will be designed, constructed, operated, and maintained in compliance with all applicable codes, standards, and industry guidelines, including: the National Electric Safety Code; the North American Electric Reliability Corporation; the American National Standards Institute; applicable local government requirements; the DOT Utility Accommodation Guide; and PEF's internal design standards, which incorporate appropriate provisions or guidance from design codes and standards of the American Society of Civil Engineers, the Institute of Electrical and Electronics Engineers, the American Society of Testing Materials, the American National Standards Institute, and the American Concrete Institute. Each of the transmission lines proposed by PEF will be constructed, operated, and maintained in compliance with the applicable standards which regulate the electric and magnetic fields associated with new transmission lines. Compliance with the electric and magnetic field requirements has been calculated for each of the configurations that may be utilized for the Project. The results were then compared to the requirements contained in DEP's Rule 62- 814.450(3). The maximum expected values from all configurations for the electric fields and for the magnetic fields are within the values set forth in the rule. The calculations were performed in accordance with the rule requirements, using the maximum voltage and current for each configuration. Operation of any of these transmission lines at maximum voltage and current is not a likely condition. At normal operating levels of voltage and current, the electric fields produced by the transmission lines will be less than calculated at the maximum operating conditions, and the magnetic fields produced will be about 50 percent less than calculated at the maximum operating conditions. The levels of electric and magnetic fields at the edge of the rights-of-way associated with the transmission lines are similar to levels that are experienced by exposure to common household appliances. Transmission lines can generate audible noise as a result of build-up of particles on the conductor. This is known as corona. During periods of fair weather, particulate matter can collect on the conductor causing low levels of audible noise. During rain events, the particles are washed off and replaced with water droplets on the conductor that create a condition that can result in slightly higher levels of audible noise. The noise levels experienced during rainfall events are temporary and masked by the sound of rain falling on vegetation and other surfaces, and the noise is reduced as soon as the water droplets evaporate from the conductor. The expected levels of noise have been calculated using an industry standard software program known as the Bonneville Power Administration Corona Field Effects Program. The calculations performed for each of the transmission lines demonstrate that the maximum audible noise levels at the edge of the right-of-way will be less than the noise levels from most rainfall events or conversational speech at a distance of five feet. The calculated noise levels are expected to comply with all applicable noise ordinances. The operation of the proposed transmission lines is expected to cause minimal interference with radio and television reception in the vicinity of the transmission lines. Radio and television interference can be produced by corona on transmission line conductors or as a result of faulty equipment. Based upon the studies that have been performed, it is not expected that significant interference will occur. Beginning on July 12, 2009, the Federal Communications Commission has directed all television station operators to convert their transmissions to digital format. Digital signals are unaffected by electric fields or weather disturbances. In the event any homeowner or business experiences abnormal interference as a result of the transmission lines, PEF will investigate the complaints and mitigate impacts appropriately. Part of the BBW Corridor has an existing natural gas pipeline and a proposed additional natural gas pipeline that will be operated by Florida Gas Transmission Company. Safety concerns will be addressed in a licensing agreement allowing the pipeline company to utilize the right-of-way. Such collocation is common throughout Florida. The licensing agreement will require that the pipeline company comply with all applicable safety requirements for pipeline operation and will require that the pipeline design be reviewed by an independent engineering company to ensure that the pipeline can be safely operated given the constraints of the design and the proximity of transmission lines. This will ensure that the pipeline can be safely operated near the transmission lines and the electric current. Compliance with Nonprocedural Standards of Agencies The construction, operation, and maintenance of each of the proposed transmission lines in the proposed corridors is expected to comply with the applicable nonprocedural requirements of agencies. The parties have agreed that the conditions of certification found in DEP Exhibit 1 are the applicable nonprocedural requirements of the state, regional, and local agencies with regulatory jurisdiction over the transmission lines. PEF has agreed to construct, operate, and maintain the transmission lines in the proposed corridors in compliance with the conditions of certification. No variances or exemptions from applicable state, regional, or local standards or ordinances have been requested or are needed for construction, operation, and maintenance of these transmission lines. Consistency with Local Government Comprehensive Plans and Land Development Regulations There are a number of different land uses within the nine proposed corridors ranging from open lands, recreational lands, mining and agricultural lands, public and conservation lands, commercial uses, and residential. The construction of the transmission lines in the respective proposed corridors is not expected to impact the existing land uses or change those land uses. The location of the transmission lines in the proposed corridors is appropriate from a land use perspective. The construction, operation, and maintenance of the transmission lines in the respective corridors are compatible with all types of existing land uses occurring in the vicinity of those corridors. Each of the proposed transmission lines will be constructed, operated, and maintained in the proposed corridors consistent with applicable provisions of local government comprehensive plans and land development regulations. After certification of the LNP, each proposed transmission line will be located and constructed established rights-of-way, including easements acquired after certification of the respective corridors. Construction of transmission lines on such established rights-of-way is excepted from the definition of "development" contained in Section 163.3164(6), Florida Statutes. To the extent that comprehensive plans or land development regulations of the local governments crossed by the transmission lines include provisions that are applicable to non-development activities, the transmission lines in each of the designated corridors will be consistent and in compliance with those requirements. Meet Electrical Energy Needs of the State In an Orderly, Timely and Reliable Fashion Each proposed transmission line will be constructed, operated, and maintained in the proposed corridor to meet the electrical energy needs of the state in an orderly, reliable, and timely fashion. The anticipated schedule for the transmission line portion of the Project calls for the permitting, licensing and engineering activities, right-of-way acquisition, and construction to be carried out such that the transmission lines are constructed and operating in 2015 in advance of certain construction and start-up activities for LNP Unit 1. The proposed corridors maximize collocation opportunities for the transmission lines, enabling the collocated transmission lines to be constructed in a more timely and efficient manner. PEF will make all practicable efforts to minimize the impacts to traffic from the proposed transmission lines. PEF will comply with conditions of certification proposed by DOT and local governments to facilitate the orderly construction, operation, and maintenance of each of the transmission lines in the proposed corridors. Reasonable Balance Between the Need and the Impacts Each of the transmission lines is essential to meet the need identified by the PSC. PEF has a long history of reliably constructing, operating, and maintaining similar transmission lines throughout Florida. Each of the transmission lines is designed to comply with stringent reliability standards such as the National Electrical Safety Code and the standards of the North American Electric Reliability Corporation. The construction, operation, and maintenance of the transmission lines in the proposed corridors will meet the need identified by the PSC. The PSC determined that there is a reliability need for additional base-load capacity by 2016. Levy Units 1 and 2 will add 2200 MW of capacity, and new transmission lines are necessary to accommodate this capacity on the electrical power system. The required transmission facilities include those necessary to connect the LNP to PEF's existing grid and to reliably integrate the additional capacity into the existing transmission system. PEF cannot meet the need identified by the PSC without these proposed transmission lines. PEF's proposed corridors were chosen using a multidisciplinary team of experts to minimize impacts on the environment. Each transmission line will be constructed, operated, and maintained in the designated corridor with minimal adverse environmental impacts. The corridor selection process involved regional screening to minimize inclusion of areas of ecological constraints. Each corridor maximizes utilization of previously disturbed areas, where possible. The corridor width has been selected for each corridor to provide flexibility for selection of the final right-of-way to provide the ability to avoid ecological resources within the corridor to the extent practicable. No adverse impacts to air quality are anticipated as a result of the construction or operation of the transmission lines. Each of the transmission lines will be constructed, operated, and maintained in the proposed corridor with minimal, if any, adverse impact to water quality. Each transmission line will be constructed, operated, and maintained in the proposed corridor with minimal adverse impact to fish and wildlife, including protected animal species. The presence of protected animal species was an important consideration during the corridor selection process, and each corridor avoids areas with known concentrations of protected species occurrences to the extent practicable. The agreed-upon conditions of certification require that preconstruction surveys be conducted, and the results will be submitted to the FWC for analysis. Mitigation, as appropriate, may be required. Each transmission line will be constructed, operated, and maintained in the proposed corridor with minimal adverse impact to water resources, including wetlands. Water resources, including wetlands, were an important consideration during the corridor selection process and were avoided to the extent practicable. Structures will not be constructed in major water bodies. The spans between structures will be varied to avoid wetland areas and other sensitive areas, where practicable. Herbaceous wetland communities, including marsh and wet prairie wetlands, can continue to grow underneath the proposed transmission lines. Best management practices will be utilized during construction to ensure that impacts to water bodies and other water resources are minimized. Each transmission line will be constructed, operated, and maintained in the proposed corridor with minimal adverse impacts to other natural resources, including protected plant species and wildlife habitat. The presence of protected plant species and wildlife habitat were important considerations during the corridor selection process and were avoided to the extent practicable. Wildlife habitat in the vicinity of each of the corridors with collocation opportunities has been altered from its natural state for construction and maintenance of the linear facility already there. This will minimize potential impacts. Minimize Adverse Effects Using Reasonable and Available Methods PEF will use reasonable and available methods during construction, operation, and maintenance of the transmission lines in the proposed corridors to minimize adverse effects on human health, the environment, and the ecology of the land and its wildlife and the ecology of state waters and their aquatic life. Construction, operation, and maintenance of the transmission lines in the designated corridors will comply with the limits for electric and magnetic fields established by DEP in Rule Chapter 62-814 and by the National Electric Safety Code and related standards. In the corridor selection process, collocation opportunities were considered to be a significant criterion, and the corridors were chosen in a way that maximizes collocation with existing linear facilities. This is advantageous because existing linear facilities often provide existing access, and collocation can minimize the need for new access roads and structure pads and the need for new clearing, generally minimizing impacts. PEF will avoid wetlands and water bodies to the extent practicable by varying the length of the spans between structures. PEF will use restrictive clearing practices on forested wetlands, removing vegetation selectively. In cases in which fill is required, PEF will install culverts to maintain water movement. PEF will allow certain vegetation to re-grow, or re- vegetate, in the rights-of-way of the transmission lines following construction, which will maintain suitable habitat for certain listed species. Wetland impacts that cannot be avoided will be appropriately mitigated. Prior to final rights-of-way determination and the beginning clearing in the rights-of-way for the transmission lines, surveys for protected plant and animal species will be conducted to verify their presence or absence in the proposed transmission line right-of-way for each of the lines. In the event that protected plants or animals cannot be avoided, efforts will be made to relocate the individuals in consultation with the FWC and the United States Fish and Wildlife Service, or to provide appropriate mitigation in accordance with the conditions of certification. PEF has agreed to comply with the conditions of certification in the construction, operation, and maintenance of each of the transmission lines. The conditions require measures to eliminate or minimize potential impacts to the environment, including impacts to the ecology of the land and its wildlife and the ecology of state waters and their aquatic life. Serve and Protect the Broad Interest of the Public The construction, operation, and maintenance of the transmission lines in the proposed corridors will serve and protect the broad interests of the public. The public's interest is served through the provision of safe, reliable, and cost-effective electric service. The transmission lines are essential for providing that service. The public outreach program carried out by PEF provided the public with an avenue to voice their concerns. Concerns expressed were considered in the selection process. The corridor selection process maximized collocation opportunities for the selection of each of the corridors, where practicable. By following existing linear features where possible, the corridors and the ultimate rights-of-way can conform to existing development patterns and minimize intrusions into surrounding areas. Collocation reduces costs and impacts. The existing land uses found within the corridors are compatible with each of the proposed transmission lines in part because the corridors are collocated with linear facilities to the extent feasible. The transmission lines that are proposed can coexist with the types of development that are found along each of the corridors. As a result of the process utilized by the multidisciplinary team, the corridors minimize the number of homes that may be affected and avoid public and conservation lands to the maximum degree practicable. The transmission lines will minimize the impacts on cultural and historical resources by avoiding those areas where practicable and by performing a preconstruction survey in consultation with DEP and the Division of Historical Resources to determine the appropriate action should such resources be found. Disruption to traffic during the construction of each of the transmission lines is expected to be minor. PEF will comply with conditions of certification proposed by DOT and local governments to ensure minimization of traffic impacts. Radio and television interference as a result of the operation of the transmission lines will be minimal, and any impacts will be addressed by PEF. The expected noise levels from the transmission lines will be similar to the noise levels resulting from rainfall events and conversation at five feet. The calculated noise levels will comply with all applicable noise ordinances and requirements. The electric and magnetic fields produced by the transmission lines will comply with the applicable standards established by the DEP. Southern Alliance for Clean Energy (SACE) Following the withdrawal of the other intervenors in this proceeding, SACE was the only remaining party opposing certification of the Project. In the prehearing stipulation of the parties, SACE appears to raise five basic issues: (a) there must be express conditions in the agency reports to address impacts to wetlands, fish, wildlife, water resources, and necessary mitigation should the Project not be completed; (b) adverse impacts to wetlands and water resources; (c) business risks of "significant delay, default or abandonment"; (d) risks to fish, marine wildlife, and vegetation; and (e) agency reports must address risks to water resources, wetlands, fish, marine wildlife, and vegetation. SACE did not offer the testimony of any witnesses or present any evidence in this proceeding on these or any other issues. With regard to SACE's first issue, SACE has failed to identify which of the reviewing agencies neglected to propose appropriate conditions or what additional conditions are necessary. In any event, the record shows that DEP, FWC, and SWFWMD all proposed extensive conditions in their agency reports related to protection of wetlands, fish, wildlife, water resources, and/or mitigation of Project-related impacts. With regard to wetlands mitigation, if the Project is not completed, PEF will perform mitigation necessary to compensate for wetlands actually impacted. See Finding of Fact 126. SACE's second contention is that the Project will cause adverse impacts to wetlands and water resources. As detailed in Findings of Fact 73, 115-131, 133-134, PEF has presented competent, substantial evidence that the LNP will not cause adverse impacts to wetlands or to water resources that are not fully offset by mitigation. SACE did not present any contrary evidence. Further, as indicated in Findings of Fact 124-126, 130, and 134, PEF has proposed a comprehensive wetlands mitigation plan that will offset any adverse impacts to wetlands caused by the construction of the LNP. SACE did not present any evidence that this mitigation plan, which has been conceptually approved by the DEP, is inadequate to protect wetlands or meet regulatory requirements. SACE's third contention is related to business risks of "significant delay, default or abandonment." These matters are not relevant under the PPSA criteria, Section 403.509(3), Florida Statutes, but are instead addressed by the PSC. A petition for a determination of need for a new nuclear plant must include a cost estimate, base revenue requirements, and information related to joint ownership discussions. See § 403.519(4)(a), Fla. Stat. The PSC has already determined that the Project is needed, specifically finding that "Levy Units 1 and 2 will provide adequate electricity at a reasonable cost." Under Section 403.519(4), Florida Statutes, the PSC is the "sole forum" for a determination of need. Reconsideration of factors already considered by the PSC in this proceeding is improper. Further, the record does not support SACE's contention regarding alleged business risks. PEF presented uncontroverted evidence that LNP Units 1 and 2 are on schedule to be in service in the 2016/2017 timeframe and that procurement activities have begun. See Finding of Fact 21. SACE's fourth issue relates to adverse impacts to fish, marine wildlife, and vegetation. As detailed in Findings of Fact 51, 56, 61, 62, 69–72, 88–92, and 131-133, PEF presented competent, substantial evidence that the LNP will not cause adverse impacts to fish, marine wildlife, or vegetation. SACE did not present any contrary evidence. Finally, SACE contends that the agency reports must address risks to water resources, wetlands, fish, marine wildlife, and vegetation. Again, SACE has failed to identify which agency reports failed to address these alleged risks. SACE likewise has not identified any specific regulatory requirement for such evaluations of environmental risks beyond the evaluations provided by the agencies. The record shows that DEP, FWC, SWFWMD, and Levy County all addressed risks to water resources, wetlands, fish, marine wildlife, and/or vegetation in their agency reports and proposed conditions of certification related thereto. Public Comment and Public Testimony Sworn oral public testimony was received from approximately 69 individuals and unsworn public comment was received from approximately 16 individuals during the portion of the final hearing devoted to that purpose. Many of the individuals who provided public testimony also submitted written comments. Three written comments were received from members of the public who did not attend one of the public comment sessions. Thirty hours were devoted to allowing members of the public to comment on the Project over six separate sessions. Members of the public testified both in favor of and in opposition to the Project. Several members of the public commented on the benefits of nuclear power in general and the economic benefits of the LNP specifically. Many others spoke in favor of the extensive public outreach conducted by PEF on the Project. Numerous members of the public spoke of PEF's history of being a good corporate neighbor. The individuals who testified in opposition to the Project raised a wide range of questions and concerns. Many of these concerns and questions are addressed by the evidence and are discussed by reference to the relevant Findings of Fact. However, several were outside the scope of the matters considered in this certification hearing. Several members of the public expressed concerns that the Project is not needed, is too costly, and should be deferred in favor of other energy alternatives. But the PSC already considered those issues in certifying a need for the Project. The PSC's determinations are binding, and those issues were not reconsidered in this certification hearing. Several members of the public expressed concerns related to radiological safety, storage of nuclear waste, and radioactive effluent contamination of groundwater via "fracture sets." Radiological issues raised by SACE were stricken because they were preempted by federal regulation under the Supremacy Clause of the United States Constitution. As a result, radiological safety issues were not considered in the certification hearing. The LNP must be approved by the NRC which regulates radiological safety of nuclear power plants. However, there was evidence that the Florida Department of Health monitors groundwater and other media in the vicinity of nuclear plants, and PEF's subsurface investigation did not reveal any evidence of fracture sets below the LNP site. See Finding of Fact 79. Some members of the public expressed concerns regarding potential infrastructure and lifestyle changes to the Town of Inglis. Specifically, members of the public raised concerns related to strain on local public services; traffic impacts; limits on development due to the LNP; and concerns that financial benefits will go only to Levy County and, more specifically, not the Town of Inglis. First, it should be noted that, along with other affected local governments, the Town of Inglis was provided a copy of PEF's nine-volume SCA on June 2, 2008. The Town of Inglis did not file a notice of intent to be a party to this proceeding pursuant to Section 403.508(3), Florida Statutes, and thus waived its right to be a party. In addition, the Town had the opportunity to submit an agency report or to propose conditions of certification pursuant to Section 403.507, Florida Statutes, but did not. As acknowledged in public testimony by one of the Town Council members, the Town of Inglis's Council is unanimously in favor of the LNP. Nonetheless, as detailed in Findings of Fact 143-146, PEF presented competent substantial evidence that public services and facilities in the region of the LNP (which includes the Town of Inglis) are sufficient to absorb any incremental population growth associated with construction and operation workers and their families. PEF also presented evidence that roadways in the vicinity will continue to operate at or above their adopted level of service capacities. See Findings of Fact 135-137. Further, there is no evidence that development will be restricted as a result of the LNP. Current limitations around the CREC related to increases in density are the result of Citrus County's Comprehensive Plan, not the CREC or state regulatory requirements. Finally, while significant tax revenues will go to Levy County, PEF presented evidence that the LNP's operation will contribute $521 million annually to the regional economy, which includes the Town of Inglis. See Finding of Fact 148. By way of comparison, although PEF's CREC is in Citrus County (and outside the Crystal River city limits), the Crystal River City Manager testified that PEF has been good for the Citrus County school system, has provided jobs for residents, and has been very helpful to efforts in the community. Other members of the public expressed concerns that the new jobs created by the LNP will not go to local residents. As indicated in Finding of Fact 141, PEF has and will continue to make efforts to train and employ local residents at the LNP. Other members of the public expressed concern that increased salinity in the CFBC would cause saltwater intrusion in the Lower Withlacoochee River. There is no connection between the CFBC and the Lower Withlacoochee River. While the LNP's withdrawals from the CFBC will increase salinity in the CFBC somewhat, it will not cause increased salinity in the Lower Withlacoochee River. See Findings of Fact 66-67. A member of the public expressed concern that PEF's proposed location for the CWIS would prevent future reconnection of the Withlacoochee River in an effort to provide more freshwater to the Lower Withlacoochee River.3 As detailed in Finding of Fact 68, options for reconnection of the Withlacoochee River have been evaluated by SWFWMD, but would not provide adequate increased freshwater flow to the Lower Withlacoochee River. Another issue raised during the public testimony sessions was the impact of cooling tower drift on vegetation surrounding the LNP. As indicated in Findings of Fact 103-104 and 110-111, PEF presented uncontroverted expert testimony that cooling tower drift will not adversely impact natural resources, including wetlands and surface waters. Several residents of Hernando County expressed concern that a portion of the BBW transmission line as proposed along Sunshine Grove Road is incompatible from a public safety standpoint with existing and proposed natural gas pipelines in this same area. PEF presented evidence, however, that this type of collocation of transmission lines and gas pipelines is commonplace throughout Florida. Further, it was not demonstrated that such collocation is prohibited under or contrary to applicable law or agency regulation. Some of these residents focused their concern on whether locating the BBW transmission line in proximity to a natural gas pipeline would be inconsistent with PEF's internal collocation guidelines, which these residents believe prohibit such collocation because an unsafe operating condition will result. As noted by Hernando County’s attorney and DEP's Siting Administrator, there is no basis in statute, ordinance, or rule to require PEF to comply with its internal guidelines. In any event, PEF presented evidence that the purpose of its internal collocation guidelines is to ensure the safety of persons involved in the construction and installation of a pipeline in proximity to an existing transmission line. Further, PEF is bound by the conditions of certification to comply with requirements of the National Electric Safety Code as they relate to induced currents that might affect a gas pipeline. See DEP Ex. 1, p. 76, Condition XLII(H). Other residents were concerned that construction of the BBW transmission line would be unsafe due to the presence of an existing natural gas pipeline. The conditions of certification require, however, that PEF comply with applicable federal Occupational Safety and Health Standards during construction of each of the transmission lines. The conditions of certification also require PEF to contact the Sunshine State One Call service to locate underground utilities prior to construction activities. Finally, after PEF selects its ultimate location for the BBW transmission line, Hernando County and other agencies will have the opportunity to review the proposed location and notify the DEP Siting Coordination Office if it believes that the construction of the transmission line within the selected right-of-way cannot be accomplished in accordance with the conditions of certification. See DEP Ex. 1, p. 65-66, Condition XXXV(A).
Conclusions For Progress Energy Florida: Douglas S. Roberts, Esquire Brooke E. Lewis, Esquire Hopping Green & Sams, P.A. Post Office Box 6526 Tallahassee, Florida 32314-6526 Lawrence Curtin, Esquire Gigi Rollini, Esquire Holland & Knight, LLP 315 South Calhoun Street, Suite 600 Tallahassee, Florida 32301-1872 For the Department of Environmental Protection: W. Douglas Beason, Esquire Department of Environmental Protection 3900 Commonwealth Boulevard Mail Station 35 Tallahassee, Florida 32399-3000 For Levy County: Anne Bast Brown, Esquire Levy County Attorney 380 South Court Street Bronson, Florida 32621-6517 For Hillsborough County: Marva M. Taylor, Esquire Hillsborough County Attorney's Office 601 East Kennedy Boulevard, 27th Floor Tampa, Florida 33602-4156 For City of Tampa: Janice McLean, Esquire Office of the City Attorney Old City Hall, 5th Floor 315 East Kennedy Boulevard Tampa, Florida 33602-5211 For the Southern Alliance for Clean Energy: E. Leon Jacobs, Esquire Williams & Jacobs 1720 South Gadsden Street, Suite 201 Tallahassee, Florida 32301-5506
Recommendation Based upon the foregoing Findings of Fact and Conclusions of Law, it is RECOMMENDED that the Siting Board enter a Final Order: Approving PEF's Application for Certification to build, operate, and maintain a two-unit nuclear powered electrical generating facility in Levy County, Florida, including a heavy haul road, site access roads, and cooling water intake and discharge pipelines, subject to the conditions of certification set forth in DEP Exhibit 1, as amended; and Approving PEF's Application for Certification to build, operate, and maintain each of the following electrical transmission line corridors as associated facilities, as described above and subject to the conditions of certification set forth in DEP Exhibit 1, as amended: Citrus 1 and 2 Transmission Lines, Crystal River Transmission Line, Sumter Transmission Line, Levy North Transmission Line, Levy South Transmission Line, Brookridge Transmission Line, Brooksville West Transmission Line, Crystal River East 1 and 2 Transmission Lines, and Polk-Hillsborough-Pinellas Transmission Line. DONE AND ENTERED this 15th day of May, 2009, in Tallahassee, Leon County, Florida. S J. LAWRENCE JOHNSTON Administrative Law Judge Division of Administrative Hearings The DeSoto Building 1230 Apalachee Parkway Tallahassee, Florida 32399-3060 (850) 488-9675 Fax Filing (850) 921-6847 www.doah.state.fl.us Filed with the Clerk of the Division of Administrative Hearings this 15th day of May, 2009.
The Issue The issues presented in these cases are whether a 1987 Settlement Agreement entered into by the parties to this proceeding prohibits the issuance to Pasco County of a general permit for spray irrigation at the Embassy Hills facility on property adjacent to that owned by Marie Cook Matis, and whether discharge of wastewater into ponds at the Embassy Hills facility should be discontinued pending installation of a single media filtration system.
Findings Of Fact The Department of Environmental Protection (DEP) is charged with the regulation and enforcement of state statutes and rules governing construction and operation of wastewater treatment systems. The DEP is the successor agency to the Department of Environmental Regulation. Pasco County (County) is a political subdivision of the State of Florida. Pasco County owns and operates a wastewater collection, treatment, and disposal system that includes the facilities at issue in this proceeding. Marie Cook Matis (Matis) owns and resides on property located on Denton Avenue adjacent to the treatment facilities at issue in this proceeding. THE SPRAY IRRIGATION ISSUE The parties to this proceeding litigated the issuance of permits for construction and operation of the Embassy Hills and Hudson wastewater treatment and disposal facilities. The County had initially planned construction of 14 water disposal ponds at the Embassy Hills facility. Some of the ponds were located adjacent to property owned by Matis. By written settlement agreement between the parties dated December 18, 1987, the construction permit cases were resolved. As a part of the resolution of the dispute over the construction permits, the County agreed to eliminate the five ponds closest to the Matis property. Paragraph 1(c) of the 1987 settlement agreement provides as follows: The County agrees to reduce the number of ponds constructed at the Embassy disposal site located on Denton Avenue from fourteen (14) to nine (9) ponds by eliminating the five (5) most easterly ponds depicted on the county's construction plans.... By Final Order dated January 21, 1988, the dispute was dismissed and the construction permits were issued in accordance with the terms of the settlement agreement. In 1991, the County applied for issuance of operating permits for the constructed facilities. In February 1992, the DEP proposed to issue the operation permits. Matis challenged the issuance of the permits. The cases were referred to the Division of Administrative Hearings. In 1992, the County made application for construction of the "Northwest Pasco Rapid Rate Infiltration Basins" (RRIBs) some of which were located at the site of the previously deleted eastern ponds at Denton Avenue. Late in 1992, the DEP proposed to issue the permits. Matis again challenged the issuance of the permits. The cases were again referred to the Division of Administrative Hearings. The pending cases were subsequently consolidated for hearing as DOAH Case no. 92-2488. Formal hearing was held in August 1993. In October 1993, a Recommended Order was entered. One of the issues addressed in the October 1993 Recommended Order was whether the 1987 settlement agreement precluded permitting and construction of the five easterly RRIBs located adjacent to the Matis property. The Hearing Officer concluded that the settlement agreement did not preclude the County from applying for licensure of the RRIBs. The Secretary of DEP rejected the Hearing Officer's conclusion, stating that the settlement agreement had been specifically incorporated into the 1988 Final Order, and that the agreement addressed the issue of ponds located adjacent to the Matis property. The Secretary's December 3, 1993, Final Order stated that the doctrine of res judicata prevented relitigation of the dispute regarding the five easterly ponds, and that the doctrine of collateral estoppel prevented both the County and the DEP from "disclaiming the conditions set forth in the 1987 Settlement Agreement " The Secretary denied the application for construction of the RRIBs "without prejudice to the County to reapply for a construction permit providing alternative plans for relocating the five (5) percolation ponds " The County now seeks to utilize the property upon which the ponds would have been constructed as spray irrigation fields. The County asserts that the settlement agreement is silent as to any use other than percolation ponds, and that the agreement therefore does not prohibit spray irrigation fields. Matis asserts that the spray irrigation fields are prohibited by the terms of the 1987 settlement. The DEP initially declined to issue the general permit on grounds that the permit "may be inconsistent" with the terms of the 1987 settlement agreement, but in DEP's Proposed Recommended Order, DEP notes that it has now withdrawn its objection to the spray irrigation system. The effluent that would be discharged via spray irrigation is the same as that which would have been deposited into the percolation ponds. The evidence admitted into the instant hearing fails to establish that the County should be issued a general permit for the use of spray irrigation on the Denton Avenue property at the Embassy Hills wastewater plant. THE EMBASSY HILLS FILTRATION SYSTEM ISSUE Matis asserts that the single media filtration system included in the Embassy Hills construction permit has never been installed, and asserts that the discharge of water into the ponds should cease until after the permit condition has been met. Paragraph 1(b) of the 1987 settlement agreement provides as follows: The County agrees to install a single media filtration device at the Embassy Percolation Ponds located on Denton Avenue for the purpose of filtering effluent prior to disbursement to the pond system. The County further agrees that the effluent so filtered shall meet the following treatment parameters - 15 BOD, 5 TSS, and 10 nitrates . . . . In recommending approval of the operating permit applications, the Hearing Officer's 1993 Recommended Order stated that the treatment plants had been operating "without violations." Matis filed an exception to the Hearing Officer's finding related to the lack of violations, citing uncontested testimony acknowledging that the single media filtration system had not been installed. The DEP Final Order of December 1993 granted the exception and modified the Recommended Order, noting that the single media filtration device had not been installed at the Denton Avenue site. In granting the issuance of the operating permits, the proposed permits were modified to specifically include" any and all conditions, fulfilled or unfulfilled, set forth in the Settlement Agreement." Inexplicably, the single media filtration device has still not been installed at the Denton Avenue ponds. The operation of the Embassy Hills plant without installation of the single media filtration device is a violation of the construction permit, which was issued pursuant to the 1987 settlement agreement. The operation of the Embassy Hills plant without installation of the single media filtration device is a violation of the operating permit, which specifically includes the conditions set forth in the Settlement Agreement.
Recommendation Based on the foregoing Findings of Fact and Conclusions of Law, it is recommended that the Department of Environmental Protection enter a final order as follows: An operating permit for the Embassy Hills Subregional Reuse Facility should be granted in accordance with the terms and conditions stipulated by the parties at the hearing of July 7, 1999. An operating permit for the Hudson Subregional Reuse Facility should be granted in accordance with the terms and conditions stipulated by the parties at the hearing of July 7, 1999. The application for general permit to provide for spray irrigation at the Embassy Hills facility on property adjacent to that owned by Marie Cook Matis should be denied. Utilization of the Denton Avenue discharge ponds at the Embassy Hills facility should cease until such time as the County has installed the required single media filtration system. DONE AND ENTERED this 20th day of January, 2000, in Tallahassee, Leon County, Florida. WILLIAM F. QUATTLEBAUM Administrative Law Judge Division of Administrative Hearings The DeSoto Building 1230 Apalachee Parkway Tallahassee, Florida 32399-3060 (850) 488-9675 SUNCOM 278-9675 Fax Filing (850) 921-6847 www.doah.state.fl.us Filed with the Clerk of the Division of Administrative Hearings this 20th day of January, 2000. COPIES FURNISHED: Charles D. Hinton, Esquire William Deane, Esquire Deane and Hinton, P. A. Post Office Box 7473 St. Petersburg, Florida 33739-7473 Francine M. Ffolkes, Esquire Department of Environmental Protection Mail Station 35 3900 Commonwealth Boulevard Tallahassee, Florida 32399-3000 James Benjamin Harrill, Esquire Figurski and Harrill Suite 350 2435 U.S. Highway 19 Holiday, Florida 34691 Kathy Carter, Agency Clerk Office of the General Counsel Department of Environmental Protection Mail Station 35 3900 Commonwealth Boulevard Tallahassee, Florida 32399-3000 Teri Donaldson, General Counsel Department of Environmental Protection Mail Station 35 3900 Commonwealth Boulevard Tallahassee, Florida 32399-3000
Findings Of Fact In December, 1993, Suwannee Farms, through one of its partners, Robert Wight, applied to the Department of Environmental Protection for a wastewater treatment facility permit to be constructed on part of its property in Suwannee County, Florida. The Department of Environmental Protection requested clarification or amendment of the initial application. Suwannee Farms amended its initial application and the Department determined that the applicant had provided reasonable assurances of compliance with Florida Statutes and the Department's rules and regulations. The permittee listed on the initial application is Robert Wight. Suwannee Farms is a partnership consisting of Robert Wight and Joseph Hall. The permit is to be issued in the name of Suwannee Farms. Issuance in the name of the partnership is within the scope of the Department of Environmental Protection's authority. On January 25, 1994, the Department issued its Intent to Issue the permit. The intent to issue provided in part: Pursuant to Section 403.815, F.S. and DER Rule 17-103-150, Florida Administrative Code, you (the applicant) are required to publish at your own expense the enclosed Notice of Intent to Issue Permit. The Notice shall be published one time only within 30 days, in the legal ad section of a newspaper of general circulation in the area affected. For the purpose of this rule, "publication in a news- paper of general circulation in the area affected" means publication in a newspaper meeting the requirements of Sections 50.011 and 50.031, F.S., in the county where the activity is to take place. Where there is more than one newspaper of general circulation in the county, the newspaper used must be one with significant circulation in the area that may be affected by the permit. If you are uncertain that a newspaper meets these require- ments, please contact the Department at the address or telephone number listed below. The applicant shall provide proof of publication to the Department, at Northeast District Office, 7825 Baymeadows Way, Suite B-200, Jacksonville, Florida 32256-7577, within seven (7) days of the publication. Failure to publish the notice and provide proof of publication within the allotted time may result in the denial of the permit. The Notice Of Intent to Issue was published in the Gainesville Sun on February 5, 1994. Proof of publication was timely filed with the Department. The Gainesville Sun is a daily newspaper printed in Alachua County, Florida. The paper is available for purchase by the general public in Suwannee County, Florida and is sold to the general public at newspaper racks. Additionally, the Sun is available to residents of Suwannee County, including the area of the proposed project, through subscription and delivery via newspaper carrier "tubes." The Gainesville Sun is the only newspaper of general circulation delivered on a daily basis to homes in the area affected by the proposed permit. The Gainesville Sun contains national, state and local news stories, including local events in Suwannee County. Additionally, the Sun contains a legal ad section. The information in the Sun is of a public character and of interest and value to the residents of Suwannee County.dd The Sun has been published for more than a year in both Alachua and Suwannee Counties. At least twenty-five percent of the words in the Sun are in the English language and is entered as second class mail at the post office. There is no question that the Gainesville Sun meets the legal requirements of the Department for publication of Notices of Intent to Issue Permits in Suwannee County. Therefore, publication of the Intent to Issue Permit for the proposed wastewater facility involved in this case was appropriate. Through discovery and after an order compelling such answers, the Petitioner listed her objections to the issuance of the permit generally as noncompliance with nitrate level regulations, noncompliance with fencing regulations, noncompliance with set-back regulations and noncompliance with excessive noise and odor regulations. The evidence at the hearing demonstrated that the proposed wastewater treatment facility and land application meet the requirements of Florida Statutes and the Department's rules in the areas specified by the Petitioner as well as other areas of the statutes and rules. Suffice it to say that Petitioner offered no evidence which even remotely demonstrated that the Suwannee Farms permit did not meet these requirements or in some way failed to reasonably assure the Department that the requirements for a wastewater treatment permit with rapid rate land application would be met. Indeed, the only evidence in this case demonstrated that the technology proposed for the wastewater plant and rapid rate land application has been in use for a long time and has historically either met or exceeded the Department's requirements for nitrates (not to exceed 12 milligrams per liter), noise, odor and fecal coliform. There was no evidence submitted that would cause one to conclude that the technology for this facility would not perform as it has in the past at other locations. The plans of the facility clearly show adequate fencing and that the percolation ponds will be set-back at least 500 feet from any wells and at least 100 feet from any property line. Both fencing and pond location meet the requirements of Florida Statutes and Departmental rule. Given these facts, Petitioner has shown its entitlement to a construction permit for its proposed project.
Recommendation Based on the foregoing Findings of Fact and Conclusions of Law, it is recommended that the Department of Environmental Protection issue a Final Order granting the application of Suwannee Farms for a wastewater treatment facility and rapid land application permit. DONE and ENTERED this 4th day of May, 1995, in Tallahassee, Florida. DIANE CLEAVINGER Hearing Officer Division of Administrative Hearings The DeSoto Building 1230 Apalachee Parkway Tallahassee, Florida 32399-1550 (904) 488-9675 Filed with the Clerk of the Division of Administrative Hearings this 4th day of May, 1995. APPENDIX TO RECOMMENDED ORDER, CASE NO. 94-2800 1. The facts contained in paragraphs 1, 2, 3, 4, 5, 6, 7, 8, 9, and 10 of Respondent's Proposed Findings of Fact are adopted in substance, insofar as material. COPIES FURNISHED: Stephen C. Bullock P. O. Box 447 Jacksonville, FL 32201 Thomas I. Mayton, Jr. Assistant General Counsel D E P 2600 Blair Stone Rd. Tallahassee, FL 32399-2400 Frederick L. Koberlein P. O. Drawer 2349 Lake City, FL 32056-2349 Virginia B. Wetherell, Secretary D E P 2600 Blair Stone Rd. Tallahassee, FL 32399-2400 Kenneth Plante General Counsel D E P 2600 Blair Stone Rd. Tallahassee, FL 32399-2400
The Issue Whether Respondent knowingly submitted an inaccurate timesheet for April 4, 2018, as charged in the agency action letter dated May 11, 2018.
Findings Of Fact ECUA is a public utility that provides water, wastewater, and sanitation services to customers in Escambia and Santa Rosa counties. ECUA’s mission statement specifies that the Board and employees of ECUA “are committed to providing the highest quality service” and that “ECUA will always provide cost- effective services.” The Manual sets forth the terms and conditions of employment with ECUA. The Manual specifies that: Overtime work should be for emergency or unforeseen situations and to solve problems which are not a part of the daily activities. Supervisors are expected to use overtime work sparingly and employees should respond when called upon. Overtime and compensatory time authorization will be established by the supervisor with the approval of the department director. During the relevant time period, ECUA employed Mr. Boyd as an Industrial Plant Mechanic I. On June 26, 2012, Mr. Boyd signed a document acknowledging that a copy of the Manual was available to him in his supervisor’s office, via ECUA’s intranet, in ECUA’s Human Resources Department, and via compact disc upon request. Mr. Boyd also acknowledged on June 26, 2012, that it was his “responsibility to read the entire Manual/Handbook and to comply with the plans, guidelines, directives, and procedures contained in the Manual/Handbook and any revisions to it.” As an Industrial Plant Mechanic I, Mr. Boyd works under the supervision of a senior mechanic. He normally begins his workday by reporting to the Central Wastewater Reclamation Facility (“CWRF”) at 7:00 a.m. and is dispatched to assigned worksites. He uses an ECUA truck to travel to and from those sites. Mr. Boyd has a 30-minute lunch break for which he is not compensated. He is also allowed one 15-minute break in the morning and another in the afternoon. Mr. Boyd’s typical workday ends at 3:30 p.m. With a 30-minute lunch break, that amounts to an eight-hour workday. In April of 2018, ECUA needed to replace all of the diffusers at its Bayou Marcus Water Reclamation Facility (“the BMWRF”). Mack H. Weeks, ECUA’s Plant Maintenance Manager at the time, had supervisory authority over Mr. Boyd. Shortly before April 4, 2018, Mr. Boyd mentioned to Mr. Weeks that he wanted to stop at the BMWRF on April 4, 2018, prior to reporting to the CWRF, in order to see if the water level had decreased to a point where the diffusers in question were visible. According to Mr. Boyd, that information would enable him and the three other members of his four-person work crew to ascertain what parts they needed to complete the repair. However, there was no benefit for Mr. Boyd to stop at the BMWRF prior to reporting to the CWRF.3/ At 6:32 a.m. on April 4, 2018, ECUA’s security system recorded Mr. Boyd passing through a gate at the BMWRF. Mr. Boyd took a picture of a portion of the BMWRF a few minutes later. The security system at the CWRF recorded Mr. Boyd entering the facility at 7:13 a.m. on April 4, 2018. Mr. Boyd traveled back to the BMWRF with Kevin Spinks, an ECUA co-worker, in an ECUA work truck that had been assigned to Mr. Spinks. Carl Ayliffe and another ECUA employee were the remainder of the four-person work crew assigned to that job, and they traveled to the BMWRF in a separate ECUA truck. The tank at the BMWRF was on-line by 3:00 p.m. on April 4, 2018. Every ECUA truck has a global positioning system that enables ECUA to know precisely where each truck is at virtually any given point in time. The GPS on Mr. Spinks’ truck was not functioning because the antenna had been disconnected. However, the GPS on Mr. Ayliffe’s truck was functioning and recorded that he was done working at 4:29 p.m., on April 4, 2018.4/ Rather than returning his truck to the CWRF, Mr. Ayliffe drove the truck to his home because he was on call that night. A camera at the back gate of the CWRF recorded Mr. Spinks returning his truck at 5:07 p.m. on April 4, 2018. ECUA’s security system recorded Mr. Boyd using his employee badge to enter the CWRF through the southeast shop door at 5:09 p.m. on April 4, 2018. In consideration of a need to gather any belongings and/or complete paperwork, Mr. Boyd’s work on April 4, 2018, should have ended at approximately 5:30 p.m. on April 4, 2018. On April 16, 2018, Mr. Boyd, Mr. Spinks, and Mr. Ayliffe submitted timesheets indicating that they each worked eight regular hours and three overtime hours on April 4, 2018. Ultimate Findings The greater weight of the evidence demonstrates that there was no benefit to Mr. Boyd stopping at the BMWRF on April 4, 2018, prior to reporting for work at the CWRF. The greater weight of the evidence also demonstrates that his stop at the BMWRF was unauthorized by anyone who supervised Mr. Boyd. As a result, Mr. Boyd’s stop at the BMWRF on April 4, 2018, was an attempt to accumulate unnecessary overtime pay. The undisputed evidence demonstrates that Mr. Boyd began his workday at 7:13 a.m. on April 4, 2018, and his workday should have ended at approximately 5:30 p.m. after he reported back to the CWRF at 5:09 p.m. Given that Mr. Boyd was entitled to a 30-minute, unpaid lunch break, the undisputed evidence indicates that he worked 9.75 hours on April 4, 2018, rather than the 11 hours indicated on his timesheet.
Recommendation Based on the foregoing Findings of Fact and Conclusions of Law, it is RECOMMENDED that the Executive Director of the Emerald Coast Utilities Authority find that Robert D. Boyd, II, violated Section B-3, attendance records; Section B-13 A (4), conduct unbecoming an ECUA employee; Section B-13 A (13), falsification of records; and Section B-13 A (33), violation of ECUA rules or guidelines or state or federal law. DONE AND ENTERED this 17th day of September, 2018, in Tallahassee, Leon County, Florida. S G. W. CHISENHALL Administrative Law Judge Division of Administrative Hearings The DeSoto Building 1230 Apalachee Parkway Tallahassee, Florida 32399-3060 (850) 488-9675 Fax Filing (850) 921-6847 www.doah.state.fl.us Filed with the Clerk of the Division of Administrative Hearings this 17th day of September, 2018.
The Issue The issue to be resolved in this portion of the proceeding is whether the Siting Board should issue a final certification to the Florida Municipal Power Agency (FMPA) to construct and operate the Treasure Coast Energy Center (TCEC) Unit 1 and an ultimate site capacity determination of 1,200 megawatts of steam electric generating capacity to be located at the TCEC, in accordance with the provisions of the Florida Electrical Power Plant Siting Act (PPSA).
Findings Of Fact Based upon all of the evidence, the following findings of fact are determined: FMPA is a joint action agency created under the Florida Interlocal Cooperation Act of 1969 (Section 163.01, Florida Statutes) and the Joint Power Act (Part II, Chapter 361, Florida Statutes). FMPA comprises twenty-nine municipal electric utilities across Florida and was created to allow its member utilities to cooperate with each other on the financing, construction, ownership, and operation of electrical generating resources. FMPA is governed by a Board of Directors consisting of one representative from each of the twenty-nine member cities. Within FMPA, the All-Requirements Project (ARP) was formed in 1986 and currently has fifteen municipal members serving approximately 280,000 customers. Under the ARP, both generating and non-generating members purchase all of their capacity and electrical energy needs from the ARP. Additionally, ARP members with generating plants commit their capacity to FMPA. FMPA will own the TCEC and act as the project manager for construction. The FPUA will operate Unit 1 for FMPA. FMPA's proposed TCEC will be located in the County, approximately five miles west of the City of Fort Pierce and eight miles north of the City of Port St. Lucie. Much of the site's northwestern boundary is determined by a Florida East Coast Railroad line that parallels Glades Cut- Off Road. To the south, the site is bordered by the North St. Lucie River Water Control District's Canal 102 with a Florida Power and Light Company (FPL) electrical transmission line right-of-way across the southern part of property and adjacent to Canal 102. The parcel north of the proposed site is owned by the FPUA and is proposed for a mainland wastewater treatment plant. The land directly east of the site is largely undeveloped industrial park. The proposed plant site itself is located within the Midway Industrial Park. The site is approximately one-half mile east of the Florida Turnpike and one-half mile north of Midway Road. The site contains approximately 68.1 acres. Land use and vegetation at the site consist primarily of pasture used for cattle and horses. Within the pasture land are areas of wet prairie, freshwater marsh, and Brazilian Pepper. The site was historically and most likely pine flatwoods or savannah, based on the characteristics of the surrounding vicinity. However, due to past clearing and agricultural activities, the site has been significantly altered from its natural state and has little native vegetation. Current vegetation reflects the disturbed condition of the site. There were no observations or indications of protected plant or wildlife species on the site. The site is located in an area outside the 500-year flood plain as determined by the Federal Emergency Management Agency. The future land use map in the County's Comprehensive Plan indicates no expected changes in the land use patterns for the site or the adjacent land area in the future, indicating that the site will continue to be compatible with the predominant land use in the immediate Project vicinity. As part of its land development approvals for the site, the St. Lucie Board of County Commissioners determined that the Project was compatible with surrounding land uses. FMPA proposes to construct a nominal 300-megawatt combined cycle electrical generating unit at the site known as Unit 1. FMPA is also requesting an ultimate site capacity determination for a total of 1,200 megawatts of generating capacity to be located at the Project site. Any future electrical generating units after the first two units up to the proposed ultimate site capacity of 1,200 megawatts will require additional zoning review and approval and any other applicable County development authorization at the time those units are proposed for approval. Unit 1 will be dual fuel, with natural gas as the primary fuel and ultra low sulfur diesel fuel oil as a backup fuel. The Project will be a "one-on-one" combined cycle unit. Unit 1 will be comprised of a combustion turbine, a heat recovery steam generator (HRSG), and a single steam turbine generator. In the combustion turbine, fuel is combusted in the form of hot gases which expand through the turbine. The combustion turbine spins the electrical generator that is directly connected, producing power. About half of the energy of the hot gases is extracted when expanded through the combustion turbine. The remainder of the heat is exhausted into a HRSG. These hot gases flow through the HRSG which turns water into steam. The steam flows into a steam turbine, spinning a second electrical generator. The steam is then exhausted into a condenser, where it is condensed back into water and pumped back to the HRSG. The HRSG will also be equipped with duct firing to provide peak power by increasing the steam production in the HRSG, which increases the output from the steam turbine generator. The Unit will also be able to operate in a steam turbine bypass operation where the combustion turbine and HRSG will operate normally but the steam will bypass the steam turbine. This mode of operation will be employed during startups and will also allow unit operation when the steam turbine/generator is not available. Combined cycle generation technology is very efficient because it generates electrical energy from the fuel input, both directly through the combustion turbine and indirectly through capture of the energy in the combustion turbine exhaust gas in the HRSG. This captured energy is used to produce steam to drive the separate steam turbine electrical generator. By reheating the steam between sections of the steam turbine, additional improvements and cycle efficiency can be achieved. Combined cycle technology makes the most of the input fuel, achieving increased efficiency in the generation of electrical energy. It achieves efficiencies of 55 percent in converting fuel into electricity. For these reasons, the modern combined cycle power plant is one of the most efficient power cycles available. If properly maintained and operated, the life expectancy of a combined cycle unit is indefinite. Combined cycle units operating on natural gas, such as Unit 1, are one of the cleanest sources of fossil generation. These units also use considerably less water than traditional steam turbine units, requiring approximately one-half the amount of water used by a steam cycle only unit with similar electrical output. The ultimate site arrangement for the Project allows for the installation of three future similar-sized combined cycle units for an ultimate site certification capacity of approximately 1,200 megawatts. FMPA will clear and develop the entire Project site during the construction for Unit 1. A cooling tower used to cool the steam turbine condenser will be located to the north of Unit 1. The cooling tower will consume approximately 95 percent of all the water used by the Project. For this Project, reclaimed water will be supplied from FPUA's soon-to-be constructed water reclamation facility, which will be located just north of the site. The reclaimed water will be used as cooling tower makeup. Until the water reclamation plant comes online, the new Unit 1 will utilize water withdrawn from the Upper Floridan Aquifer for cooling. The cooling tower design will be a multiple cell, mechanical draft, counter flow cooling tower. Access to the site will be over Energy Drive, which is an access road in the adjacent industrial park. Unit 1 will be interconnected to the FPL electrical transmission system. A new electrical switchyard will be constructed on the site. Two new transmission lines will connect the site to an existing nearby FPL electrical substation and electrical transmission system. The new transmission lines will be installed on new structures for the entire length of each transmission line. Each of the two new lines will be approximately three miles long. One line will parallel Glades Cut-Off Road to the southwest and connect to the existing FPL Midway/Turnpike transmission line. The second line will go west from the Project site, cross Glades Cut-Off Road parallel to an existing road and FPL transmission line, cross over the Florida Turnpike and Interstate 95, and then turn south into the FPL Midway electrical substation. Each corridor is one-fourth mile wide for most of its length. It is expected that a final right- of-way will be acquired parallel to Glades Cut Off Road for one transmission line and a final right-of-way will be acquired for the second transmission line parallel to the existing FPL right- of-way. The new transmission line structures will be self- supporting concrete tubular steel or hybrid concrete-tubular steel poles or a combination of these options. The typical aboveground height of the transmission structures will be approximately one hundred feet. The structures will be placed approximately four hundred to eight hundred feet apart along the route. The lines will be designed to meet the clearance requirements of the National Electrical Safety Code for the minimum ground clearance of twenty-six feet. The two lines will also comply with the Department's electric and magnetic fields limits in Florida Administrative Code Chapter 62-814. These two transmission line corridors were selected as the most direct means with the least impact for connecting into the FPL transmission network. The transmission lines are located in areas zoned for commercial, industrial, and agricultural uses. No housing units will be moved as part of the Project and no residential areas will be impacted. The transmission lines will be constructed completely within or adjacent to existing rights-of-way which provide minimal ecological value. A new natural gas pipeline up to sixteen inches in diameter is proposed to connect the site with the Florida Gas Transmission gas pipeline. This existing gas main is located approximately 3,700 feet southwest of the site, near the Florida Turnpike. A 1,320-foot wide corridor centered on Glades Cut Off Road from the Florida Turnpike to the site is proposed for certification. A seventy-five-foot wide temporary easement for pipeline installation and a permanent forty-foot right-of-way are anticipated. It is expected that the natural gas pipeline will be constructed within or adjacent to the existing Florida East Coast Railroad corridor or adjacent to Glades Cut Off Road. The pipeline will be manufactured according to American Petroleum Institute standards and will be built in accordance with United States Department of Transportation and FPSC safety requirements. The proposed gas pipeline corridor is located in areas zoned for commercial and utility uses. No residential areas will be impacted during construction of the underground pipeline. The existing railroad right-of-way is expected to be maintained as a transportation corridor and provides minimal ecological value. There will be minimal impacts to vegetation in the gas pipeline right-of-way as there will be only minor clearing required for construction. Disturbed lands will be returned to maintained right-of-way condition following construction. Fuel oil for use in the unit will be delivered by truck. A complete fuel unloading, storage, and supply system will be installed at the site. The unloading station will be designed for containment of a fuel spill. Double-walled piping will be used for underground piping running through the unloading station to the storage tank and from the tank to the combustion turbine. A one-million gallon aboveground storage tank will be installed to provide approximately three days of fuel oil at full load operation for Unit 1. This will be a single wall tank fabricated from carbon steel and will be installed inside a dike containment area. The containment area will be provided with a synthetic liner sufficiently impermeable to ensure no oil can escape by infiltrating through the liner into the soil or into surface or groundwaters. The major water use during operation of Unit 1 will involve cooling tower operation. This is the highest volume water consumer for the Project. The cooling system will use approximately 2.52 million gallons per day of treated wastewater, most of which is evaporated to the atmosphere in the cooling process. Other plant non-cooling water uses will include the plant service water system. This system supplies fire water, miscellaneous process uses, and makeup water to the demineralizer system. The demineralizer system provides boiler makeup water and provides water for control of nitrogen oxides when firing oil in the unit. Treated sewage effluent or reclaimed water will be used for cooling tower makeup water. This reclaimed water will be provided by the FPUA wastewater treatment plant proposed to be located north and adjacent to the site. This treatment plant is expected to be online in late 2009. The reclaimed water will be supplied via pipeline across the site. It will be necessary to utilize groundwater for cooling purposes until the wastewater treatment plant is online. Groundwater will also be used when the wastewater treatment is offline and unable to supply treated effluent in the future. Three new onsite wells pumping from the Upper Floridan Aquifer will supply fire water and service water. The wells will supply water to the steam cycle and makeup treatment system and the evaporative cooling makeup. They will also provide a temporary water supply for cooling tower makeup. The wells will be sized so that two of the wells will be able to provide the required water flow at full load with a third well as a backup. An average of 2.95 million gallons per day of groundwater will be used prior to the availability of reclaimed water. An average of approximately 129,000 gallons per day of groundwater will be needed under average annual conditions for non-cooling water needs of the plant. Cooling tower blowdown from Unit 1 will be conveyed to the FPUA wastewater treatment plant for treatment and disposal. Approximately 586,000 gallons per day of cooling tower blowdown wastewater will be returned to the FPUA system for disposal. The cooling tower system will operate at three cycles of concentration when using groundwater, which is considered the maximum practical limit to prevent scaling of heat transfer systems within the cooling system. When reuse water is available, the cooling towers will operate at four cycles of concentration, which further minimizes the amount of water needed for cooling. The cooling system is also designed to minimize the amount of cooling tower blowdown and makeup that is required. Potable water for the site will be provided through an extension from the FPUA municipal water system. This connection will also supply the evaporative cooler needs on the Unit and backup water supply to the plant service water system. Water treatment and other water uses in Unit 1 will generate various process wastewaters. Wastewaters from the onsite demineralizer system, including filter backwash and reverse osmosis reject wastewater, will be routed to an onsite wastewater sump for disposal to the FPUA wastewater treatment plant. The HRSG and boiler piping will be chemically cleaned during commissioning of the new unit and the steam generators will be cleaned infrequently over the life of the unit. Chemical cleaning solutions will be neutralized onsite if required and transported offsite by a licensed waste disposal contractor. Sanitary wastewater will be routed to the FPUA municipal sanitary treatment system for treatment and disposal. The TCEC design contains several features to minimize impacts of project wastewaters to surface and groundwaters. The cooling system design will minimize the amount of cooling tower blowdown and makeup required. There will be no process wastewater discharge to groundwater or surface waters at the plant site. All process and sanitary wastewaters will be returned to FPUA for final disposal. Further, the use of reclaimed and treated wastewater in the cooling system will reduce the quantity of wastewater that would otherwise have to be disposed of to surface and groundwaters. Groundwater consumption will also be reduced through the use of treated wastewater for cooling and by recovering and pumping blowdown water from the HRSG to the cooling towers as makeup rather than sending the blowdown to the wastewater collection and disposal system. Groundwater withdrawals during initial operation of Unit 1 are proposed from the Upper Floridan Aquifer for cooling tower makeup until future sources of treated wastewater become available for the Project to displace groundwater withdrawals. Analyses were performed to determine the impact of these groundwater withdrawals from the non-potable Upper Floridan Aquifer. A three-dimensional aquifer analysis computer model was developed to model these impacts. The computer model was one developed by the United States Geological Survey and approved by the SFWMD. The drawdown in the Floridan Aquifer was simulated for the condition of groundwater withdrawals for Unit 1 of 3.2 million gallons per day. This assessment indicates that the onsite pumping from the Upper Floridan Aquifer would have a small impact on existing legal groundwater users in the area. This modeling predicts that the additional two- and one- foot drawdowns in the Upper Floridan Aquifer due to the plant withdrawals at maximum withdrawal rates would occur at 1.8 and 5.8 miles, respectively, from the Project. This limited impact in drawdown of the Floridan Aquifer and the magnitude of the drawdown increase are not considered significant. The proposed groundwater pumping is not expected to cause salt water intrusion into the Floridan Aquifer. Due to the presence of a 600-foot thick Hawthorne formation and the upward gradient from the Upper Floridan Aquifer to the land surface, no adverse effects to surface wetlands are expected. The SFWMD agreed with these conclusions as indicated in its report submitted to the Department. Impacts on the Upper Floridan Aquifer after the Project begins operation using reclaimed water will be significantly reduced and also cause no adverse impacts. Project construction may require dewatering for placement of subsurface facilities, such as piping, electrical trenches, sumps, and foundations. Dewatering impacts for construction were estimated using site specific geotechnical information. Due to the short duration of the onsite dewatering, it will not affect existing users and will have a minimal and temporary impact on the surficial water table aquifer. No impact is expected to extend beyond the project site boundaries. Of the 68.1-acre Project site, 11.96 acres constitute wetlands. Three onsite wetlands will be lost due to the site development, comprising 11.25 acres of wetlands. The onsite wetlands were delineated in accordance with state and federal guidelines for such delineations. These onsite wetlands are low quality herbaceous wetlands, mainly disturbed wet prairie and freshwater marshes. Cattle have access to the entire site including these wetlands. Natural vegetation and wildlife have been largely eliminated from the Project site and much of the surrounding vicinity due to onsite grazing and past development activities, including residential, industrial, and commercial development. Based on these considerations, the loss of vegetation and associated wildlife habitat at the Project site will be insignificant. FMPA must mitigate for the unavoidable wetlands impacts due to site development. FMPA has entered into a mitigation credit purchase and sale agreement with the Bluefield Ranch Mitigation Bank (located in the County) to compensate for those wetlands impacts subject to state jurisdiction. There will be no impacts to surface waters from operation of the facility. The Project will not withdraw or discharge wastewaters to surface waters. The onsite stormwater management system will be designed to comply with all applicable state and local regulations regarding discharge into offsite surface waters. The stormwater management system will meet the water quality treatment requirements of the Department and SFWMD, as well as the standards of the County. Runoff originating from potentially contaminated areas, such as miscellaneous plant drains and drainage from oil containment areas, will be routed through an oil/water separator. Oil and grease will be removed from the contaminated stormwater, and the treated effluent will be collected and discharged to the FPUA wastewater treatment plant. Captured oil and grease will be properly disposed offsite. Runoff from other potentially contaminated areas, such as storage tank containment areas, will be contained locally. All runoff from the fenced site will be directed to the onsite stormwater detention basin for treatment and discharge in accordance with applicable stormwater rules. Peak stormwater discharges from the Project area are less than the peak stormwater discharges from the pre-Project site for the same storm event. Therefore, the potential for local flooding will not be affected by the Project. During construction, a combination of silt fencing, straw bale sediment barriers, and a stormwater detention pond will be used to control erosion on the site and to reduce the potential for transport of loaded sediment offsite. Grading will be accomplished in phases and each graded area will be seeded and mulched after construction is completed. During operation, stormwater ditches will route stormwater to the onsite stormwater detention area. This basin will meet the stormwater treatment quality and quantity requirements of the Department, SFWMD, and County. Thus, there will be minimal adverse impact from the management and storage of surface waters on the site. Air emissions from the Project are subject to review under federal and state regulations, primarily the Prevention of Significant Deterioration (PSD) permitting program. The Department regulates major air pollution facilities, such as Unit 1, in accordance with the PSD program under Florida Administrative Code Rule 62-212.400. The PSD pre-construction review is required in areas currently in attainment with the state and federal ambient air quality standards. The County is an attainment area for those air quality standards. The state PSD regulations are designed to assure that the air quality in existing attainment areas like the County does not significantly deteriorate or exceed the ambient air quality standards while providing a margin for future industrial and commercial growth. The PSD regulations apply to major stationary sources and major modifications at major existing sources undergoing construction. A major stationary source is defined for PSD permitting purposes as any one of twenty-eight listed major source categories which emits or has the potential to emit one hundred tons per year or more of any regulated pollutant. The Unit 1 Project is one of the twenty-eight major listed category types, a fossil fuel-fired steam electric plant, and has the potential to emit greater than one hundred tons per year of at least one of the PSD regulated pollutants. Unit 1 also exceeds the PSD significant emission levels for several pollutants and is thus subject to PSD review as a major stationary source. The emissions from Unit 1 subject to PSD review include nitrogen oxides (NOx), sulfur dioxide, carbon monoxide (CO), particulate matter (PM), particulate matter less than ten microns in aerodynamic diameter (PM10), and sulfuric acid mist. The PSD review requires an analysis of best available control technology (BACT), an air quality impact analysis, and an assessment of the Project's impacts on general commercial residential and commercial growth, soils and vegetation, and visibility, as well as impacts to air quality in Class I areas. BACT is defined as an air emission limitation based on the maximum degree of pollutant reduction for emissions, determined on a case-by-case basis, considering technical, economic, energy, and environmental factors, as well as other costs for the control of each pollutant. The facilities at the Project subject to BACT review include the combustion turbine, the fuel oil storage tank, a diesel driven fire pump and oil storage tank, a safe shutdown generator and storage tank, and the mechanical-draft cooling tower. A BACT analysis was performed for each of these emission sources. The analysis was conducted using the "top down" methodology described by the United States Environmental Protection Agency (EPA). Based upon this analysis, best available control technologies for controlling NOx emissions from Unit 1 were determined by the Department during its PSD review to be the use of dry low NOx burners within the combustion turbine and selective catalytic reduction (SCR) installed in the HRSG to achieve an emission limit of 2.0 parts per million of NOx when burning natural gas. The Department also determined during its PSD review that when burning fuel oil, BACT to control NOx emissions was the use of water injection with a SCR to achieve an emission limit of 8.0 parts per million. The Department agreed with FMPA's proposed NOx emission limit for this Project. For carbon monoxide emissions, BACT control was determined by the Department during its PSD review to be good combustion controls and practices. Carbon monoxide is a product of incomplete combustion of carbon-containing fuels such as natural gas and fuel oil. Most combustion turbines incorporate good combustion practices based on high temperature and other techniques to minimize emissions of CO. The Department further determined during its PSD review that the BACT for CO was 4.1 parts per million for natural gas firing and 8.0 parts per million for fuel oil firing. A continuous limit of 8.0 parts per million CO on a twenty-four hours basis will also be implemented for both gas and oil firing with or without the duct burner in operation. In addition, an annualized limit of 6.0 parts per million of CO will also be included to recognize that Unit 1 will be operated in the normal natural gas-fired mode. BACT for particulate emissions, both PM and PM10, was determined by the Department during its PSD review to be a fuel selection of natural gas and ultra low sulfur fuel oil and good combustion controls. Sulfur dioxide and sulfuric acid mist control was determined by the Department in its PSD review to be the use of low sulfur fuels, including the limited use of ultra low sulfur diesel fuel. The cooling tower can produce PM emissions in the small amounts of water entrained in the air passing through the cooling tower that can be carried out of the tower, known as "drift" droplets. These droplets contain impurities from the cooling water which can be classified as an emission. FMPA proposed, and the Department accepted during its PSD review, that use of high-efficiency mist eliminators with a maximum guaranteed drift rate of 0.0005 percent constitutes BACT for these drift emissions. Modeling of the impacts of the emissions and plume from the cooling tower indicates that there would be no environmental impact. Finally, the Department concluded during its PSD review that the use of ultra low sulfur fuel oil and limited hours of operations (five hundred hours or less) insures that emissions from both the onsite safe shutdown generator and the diesel engine fire pump will be minimal. An air quality impact analysis was also conducted for the Project-related air emissions, in accordance with the Department's and EPA's air dispersion modeling guidelines. The ambient air quality impact analysis conducted for Unit 1 demonstrates that this Project will not have a significant impact on air quality near the Project site or in the nearest Class I air quality areas, including the Everglades National Park. There are no predicted air quality impacts greater than the PSD significant impact levels. Therefore, under the PSD program, no further air quality impact analysis was required for the Project. The Project is not expected to cause any adverse impacts on vegetation, soils, or visibility in the Project area or at the nearest Class I areas. The Project construction activities may produce air emissions during onsite construction of buildings and from construction equipment exhaust. Particulate matter would be the major source of air pollution during construction. These emissions are expected to be intermittent, short term, and composed of relatively-large particles. These particles tend to settle out quickly and will not generally leave the Project site. Particulate matter emissions will be controlled by watering and application of dust suppressants or ground covers as necessary in active work areas. Construction and operation of the Project will result in significant economic benefits to the County, the region, and the State of Florida. No significant permanent adverse socioeconomic impacts are expected. The anticipated benefits of the Project include primarily the direct and indirect employment and earnings impacts that will be realized in the area from construction and operation. The Unit 1 construction will create approximately 286 temporary jobs, with an estimated payroll of $23.6 million over a twenty-two-month period. It is expected that most of these jobs will be filled by workers already residing in or near the County. The in-migration of construction employees will be small and should not increase the demand for services from local governments and nearby service providers. Information gathered for the Project indicates that more than enough service capacity is available to accommodate the construction work force. Individuals temporarily relocating to the area during construction should not have a problem securing affordable housing. The indirect socioeconomic impacts from construction of the Project include the creation of service jobs in the area to accommodate construction workers. Using an accepted economic multiplier, it is expected that 762 additional jobs may be created as a result of the construction. Expenditure of the construction payroll in the local economy will be passed along to local businesses through spending by construction workers and the governments in the form of taxes. Benefits from operation of the Project will occur from the sixteen operational personnel needed to operate the combined cycle units. The annual payroll for these employees is estimated to be $1.38 million. It is expected that these employees will come from the existing FPUA work force. Since operational personnel tend to live near the facility they operate, the majority of the annual payroll will remain within the local economy. Indirect socioeconomic impacts will include the creation of up to sixteen additional fulltime indirect jobs as a result of the operation of the combined cycle project. By its Order dated July 27, 2005, the FPSC found that there is a need for the proposed Unit 1, taking into account the need for electric system reliability and integrity. The FPSC found that Unit 1 was required to maintain FMPA's winter and summer reserve margins. The FPSC also found that Unit 1 will enhance the reliability and integrity of FMPA's electric system through the use of the highly efficient combined cycle technology with the ability to burn two different types of fuel. The two interconnections to FPL's transmission system would also be a benefit to Unit 1 and allow FMPA to better serve its members in the FPL transmission grid. FMPA's analysis of five proposals from other potential bidders indicated that Unit 1 is the most cost-effective option available. There were no conservation measures taken by or reasonably available to FMPA which would mitigate the need for the proposed Unit 1. Unit 1 was further found by the FPSC to provide the most cost-effective solution to satisfy FMPA's forecast capacity requirements beginning in 2008. The Department, DCA, FPSC, SFWMD, FDOT, FFWCC, TCRPC, and the Cities of Fort Pierce and Port St. Lucie each prepared written reports on the Project. The Department has proposed Conditions of Certification for the Project, which FMPA has agreed to accept and comply with in construction and operation of the Project. No state, regional, or local agency has recommended denial of certification of the Project.
Recommendation Based upon the foregoing Findings of Fact and Conclusions of Law, it is RECOMMENDED that the Siting Board grant final certification to the Treasure Coast Energy Center Project under Part II, Chapter 403, Florida Statutes, for the location, construction, and operation of the Project, representing a 1,200 megawatts combined cycle unit site with Unit 1 being a nominal 300- megawatt combined cycle unit, as described in the Site Certification Application and the evidence presented at the certification hearing, and subject to the Conditions of Certification contained in Department Exhibit 2. DONE AND ENTERED this 30th day of March, 2006, in Tallahassee, Leon County, Florida. S DONALD R. ALEXANDER Administrative Law Judge Division of Administrative Hearings The DeSoto Building 1230 Apalachee Parkway Tallahassee, Florida 32399-3060 (850) 488-9675 SUNCOM 278-9675 Fax Filing (850) 921-6847 www.doah.state.fl.us Filed with the Clerk of the Division of Administrative Hearings this 30th day of March, 2006.
Findings Of Fact Upon consideration of the oral and documentary evidence presented at the hearing, the following relevant facts are found: In 1984, the citizens of Pasco County approved a "straw ballot" proposal providing for the establishment of a resource recovery facility financed with non-ad valorem revenue bonds for the purpose of disposing of the County's solid waste in lieu of utilizing sanitary landfills as a primary disposal method. The Board of County Commissioners of Pasco County thereafter commissioned the consulting engineering firm of Camp Dresser and McKee (CDM) to perform a resource recovery feasibility study and to identify a site for the facility. CDM concluded that a resource recovery facility was an economically feasible approach to solid waste management for Pasco County. After evaluating seven sites for such a facility, CDM recommended a 751-acre site on Hays Road in western Pasco County. The County purchased the site at a cost of approximately three million dollars. In 1987, the Legislature adopted a Special Act, Chapter 87-441, Laws of Florida, establishing a solid waste disposal and resource recovery system within Pasco County and giving the County exclusive control over the collection and disposal of solid waste generated or brought within the area affected by the Act. The solid waste disposal and resource recovery system proposed by the County will convert solid waste into electrical power through a process of combustion, utilizing a mass-burn technology, followed by landfilling of the ash residue. Initially, the "waste-to-energy" facility will have three combustion/steam generation units, which will dispose of 900 tons of refuse each day and produce approximately 22 megawatts of electricity. A fourth combustion unit may be added in the future, thus allowing the facility to dispose of 1,200 tons of refuse each day and produce 29 megawatts of electricity. The resource recovery facility and landfill/ashfill is designed with the purpose of complying will all applicable environmental regulations. Best available control technology will be utilized to minimize the emissions of air pollutants. The facility will use a baghouse with fabric filters to control particulate emissions and a dry scrubber to control acid gas emissions. The landfill will have two synthetic liner systems and two leachate collection systems to maximize the protection of groundwater resources. Stormwater on the site will be treated in retention/detention basins, and there will be no discharges of wastewater on the site. Ferrous metals in the solid waste will be recovered and recycled. The undeveloped 751 acre parcel of land owned by the County is located in an unincorporated area of northwest Pasco County. It is approximately two and a half miles north of Highway 52 and about four to five miles west of Route The site is accessible by Hays Road, which forms its southern and western boundaries. Shady Hills Road runs to the east of the site and Blue Bird Lane runs along the northern perimeter. The parcel is bisected by Florida Power Corporation power lines, which run in a north/south direction. All development on the site relating to the proposed resource recovery facility will be east of the power lines. The site primarily consists of grasslands and wooded areas. Most of the areas near the site boundaries are wooded. An access road from Hays Road would be constructed to lead to the resource recovery facility, and the site would also contain a landfill/ashfill and several stormwater retention ponds. The resource recovery facility will be located on the southeastern portion of the site, approximately 4,600 feet from the site's northern boundary. The facility will be approximately 2,400 feet from the nearest residence, which is located on Hays Road. There will be at least 250 feet of buffer area between the resource recovery facility and the property boundaries. There will be at least 700 feet of buffer area between the landfill and the northern boundary of the site. The ashfill portion of the project would be developed over a 25 to 35 year period. The areas surrounding the site consist of agricultural and very low density residential developments. The areas to the east, southeast, and southwest are very sparsely populated. There is scattered low density residential development to the north, northeast and northwest, and some scattered residences south and southwest of the site. The subject parcel of land lies within the Pasco County Zoning Code's A-C Agricultural District. According to the Pasco County Zoning Code, Ordinance No. 75-21, the purpose of the A-C Agricultural District is to preserve the rural and open character of various lands within Pasco County. The principal permitted uses within this District include agriculture, general farming and horticulture; single family dwellings; duplexes; home occupations; public and private parks and playgrounds; mineral extraction activities; and residential treatment and care facilities. Accessory uses include private garages and parking areas, private swimming pools and cabanas, and signs. Special exemption uses within the A-C Agricultural District include country club and golf course, aircraft landing fields, cemeteries, animal hospitals, sanitary landfills and public buildings and public utility facilities which do not cause an undue nuisance or adversely affect existing structures, uses and residents. Ordinance Number 82-04, Section 2, amended the Pasco County Zoning Code to exempt from its provisions "development and other activities conducted by Pasco County." (Exhibit No. 3) It was the opinion of Pasco County's Zoning Administrator that the proposed resource recovery facility and landfill/ashfill were exempt from the County's Zoning Code. The County's present Planning Director concurred with this opinion. It was further the opinion of the Zoning Administrator that even if the project were subject to the requirements of the Zoning Code, it could be built as a special exemption use in the A-C Agricultural District. Pasco County has an ordinance, known as the New Development Fair Share Contribution for Road Improvements Ordinance, which requires developers to pay impact fees for transportation purposes. According to the County Planning Director, this ordinance expressly excludes County projects from its provisions. It was the opinion of the County's land use planning and zoning experts that the use of the site for a resource recovery facility would be compatible with surrounding land uses. The project will be designed so as to be barely visible from surrounding areas and to give as pleasing an aesthetic appearance as possible to the site. When a detailed site plan for the facility is prepared, the project will be evaluated by the Pasco County Development Review Committee, composed of County employees from various departments, to ensure that the project is consistent with existing regulations and compatible with surrounding land uses. The Pasco County comprehensive land use plan was adopted in 1982 and is currently being revised. It is a policy document containing various planning elements, with goals, objectives, policies and recommendations. It does not currently include a land use map that specifically identifies the permissible land uses for the site of the proposed resource recovery facility. In the process of updating its comprehensive plan, the County will adopt a future land use map. The Chief Planner for the Pasco County Planning Department testified that the land use map to be submitted for future adoption will designate the proposed site as a resource recovery site. The County's comprehensive plan contains a solid waste and resource recovery element. The plan recognizes waste disposal as a crucial concern, and the goal of this element is to dispose of the County's domestic and industrial waste in the safest and least expensive manner. From an engineering perspective, the project will be designed to comply with applicable state and federal requirements pertaining to air and water pollution. The economic feasibility of a resource recovery facility has been studied, with positive results. Other elements of the Pasco County comprehensive plan relevant to the proposed resource recovery facility include the traffic circulation element, the water element, the conservation/coastal zone protection element, the drainage element and the utilities element. A traffic analysis demonstrated that current levels of service on State Road 52 and on Hays Road will not be diminished as a result of project operations. The use of reclaimed water will promote the objective of water conservation. The proposed site has not been designated for preservation or conservation and the project will have minimal impact on wetland areas. The stormwater management system will be designed so that runoff will not be channelized into any natural surface water body. The retention basins will be of sufficient size to allow adequate settling of suspended solids collected with the stormwater. By producing electrical power as a by-product of solid waste disposal, the project will further the objective of the comprehensive plan's utility element of encouraging the conservation of limited resources in the operations of utility systems. On December 31, 1987, notice of the land use hearing was published in the Pasco Times newspaper, a daily newspaper of general circulation which has been continuously published at Port Richey in Pasco County, Florida, each day for a period in excess of one year preceding the publication of notice in this case. In addition, notice of the land use hearing was published in the Florida Administrative Weekly, Volume 13, Number 53, on December 31, 1987. The Department of Environmental Regulation issued a news release concerning the land use hearing on December 24, 1987. By letters dated December 28, 1987, notice was given by certified mail to the Executive Director of the Tampa Bay Regional Planning Council, the Pasco County Planning Department and the Pasco County Zoning Administrator. Notice of the land use hearing was also posted at the project site. Eight persons, all of whom resided or owned property near the proposed site, testified at the land use hearing as members of the general public. All opposed the construction and operation of a resource recovery facility and landfill/ashfill at that site. Though none of the witnesses claimed to have expertise concerning the subject matter of their testimony, their concerns included the impacts of the proposed project upon the environment; the value and use of their land, homes and businesses; the recreational value of surrounding properties and the general agricultural character and nature of the surrounding land. Concerns were also expressed over the safety features and costs involved in the operation of the facility. These citizens of Pasco County did not believe it was proper for the County to exempt itself from the County's zoning laws and impact fees.
Recommendation Based upon the findings of fact and conclusions of law recited herein, it is RECOMMENDED that the Governor and Cabinet, sitting as the Siting Board, enter a Final Order finding that the use of the site chosen by Pasco County for the location of its proposed solid waste and resource recovery facility is consistent with and in compliance with the applicable land use plans and zoning ordinances. Respectfully submitted and entered this 25th day of March, 1988, in Tallahassee, Florida. DIANE D. TREMOR Hearing Officer Division of Administrative Hearings The Oakland Building 2009 Apalachee Parkway Tallahassee, Florida 32399-1550 (904) 488-9675 Filed with the Clerk of the Division of Administrative Hearings this 25th day of March, 1988. APPENDIX "A" TO RECOMMENDED ORDER, CASE NO. 87-5337 Pasco County's proposed findings of fact have been fully considered and are accepted and incorporated in this Recommended Order, with the following exceptions: 16, second sentence: Rejected as speculative. See Finding of Fact Number 10. 22, last sentence: Rejected as improper factual finding, but addressed in the Conclusions of Law. 23, last sentence: Rejected as argumentative and improper factual finding, but addressed in Conclusions of Law. COPIES FURNISHED: David S. Dee Carlton, Fields, Ward, Emmanuel, Smith & Cutler, P.A. Post Office Drawer 190 Tallahassee, Florida 32302 Richard T. Donelan, Jr. Twin Towers Office Building 2600 Blair Stone Road Tallahassee, Florida 32399 C. Lawrence Keesey Rhyne Building 2740 Centerview Drive Tallahassee, Florida 32399 Edward B. Helvenston 2379 Broad Street Brooksville, Florida 34609-6899 Mike Twomey Florida Public Service Commission 101 East Gaines Street Tallahassee, Florida 32301 Honorable Bob Martinez Governor The Capitol Tallahassee, Florida 32399 Honorable Bob Butterworth Attorney General The Capitol Tallahassee, Florida 32399 Honorable Doyle Conner Commissioner of Agriculture The Capitol Tallahassee, Florida 32399 Honorable Gerald Lewis Comptroller The Capitol Tallahassee, Florida 32399 Honorable Bill Gunter Insurance Commissioner The Capitol Tallahassee, Florida 32399 Honorable Betty Castor Commissioner of Education The Capitol Tallahassee, Florida 32399 Honorable Jim Smith Secretary of State The Capitol Tallahassee, Florida 32399
The Issue Should Petitioner fine Respondent for using contaminated spoil from the previous septic system to cover a new drainfield being installed?
Findings Of Fact Petitioner issues permits for the construction, installation, modification, or repair of onsite sewage treatment systems in accordance with Section 381.0065, Florida Statutes. Those repairs are conducted by septic tank contractors as qualified and registered by Petitioner, with the expectation that the registrants shall be subject to ethical standards of practice in their business as established by Petitioner's rules. See Section 489.553(3), Florida Statutes. Respondent, whose address is Post Office Box 390073, Deltona, Florida 32738-0073, is registered by Petitioner as a septic tank contractor. Respondent does business as Alpha Environmental Services. Respondent contracted with a customer at 1019 Pioneer Drive, Deltona, Florida to replace an onsite sewage treatment and disposal system at that address. Petitioner issued a permit for the work related to the septic system. Leila Baruch, then of the Volusia County Florida Environmental Health Agency, certified by Petitioner in inspecting septic systems, inspected the site before the work was performed. On February 18, 1999, Ms. Baruch returned to the site for the purpose of examining the "easy way" drainfield which Respondent had installed over the natural soil at the bottom of the replacement system. The easy way drainfield is a system of pipes surrounded by pieces of styrofoam. At the time of this inspection, the cover that was to be placed over the top of the drainfield had not been arranged. Ms. Baruch observed the old contaminated material that had been excavated from the failed system (the spoil) located to the side of the new drainfield. The new drainfield had been left uncovered to allow the inspector to observe its placement depth. As was the custom, the Volusia County Environmental Health Agency approved the installation of the drainfield concerning its relative depth and a call was made from Ms. Baruch to Respondent's business indicating that it would be acceptable to cover the drainfield following the more recent inspection. By this contact, it was not intended to grant permission to cover the drainfield with the spoil that had been removed from the failed system. This call to Respondent's business was made on February 18, 1999. Later on February 18, 1999, Ms. Baruch spoke with Respondent. This contact was based upon remarks that had been made to Ms. Baruch by the customer homeowner during Ms. Baruch's inspection of the site earlier on that date. The customer's remarks were to the effect that she understood that Respondent intended to use the spoil removed from the original septic system to cover the new system. In her conversation with Respondent, Ms. Baruch reminded Respondent that Respondent could not use the spoil to cover the new drainfield. In addition, Ms. Baruch read from Rule 64E-6.015(6), Florida Administrative Code, concerning the prohibition against the use of spoil material in covering the new drainfield. Ms. Baruch returned to the job site two or three days later and observed that the spoil material from the failed septic system had been used to cover the new drainfield. Respondent was responsible for the placement of the spoil material as a cover for the new drainfield. This condition in which the spoil material had been placed over the new drainfield was also observed by Scott Chambers of the Volusia County Environmental Health Agency, who is registered as a sanitarian with the Florida Environmental Health Association and certified by Petitioner for inspection of onsite sewage and disposal systems. As a consequence of the findings made by the inspectors, Petitioner cited Respondent for violation of Rule 64E-6.015(6), Florida Administrative Code, and seeks to impose a fine in accordance with Rule 64E-6.022(1)(p), Florida Administrative Code. Respondent's contention in his testimony that the spoil material was not placed immediately on the new drainfield is rejected. A substantial portion, if not all, of the new drainfield was covered by the spoil removed from the failed drainfield.
Recommendation Upon consideration of the facts found and conclusions of law reached, it is RECOMMENDED: That a final order be entered which finds Respondent in violation of Rule 64E-6.015(6), Florida Administrative Code, and imposes a $500.00 fine in accordance with Rule 64E-6.022(1)(p), Florida Administrative Code. DONE AND ENTERED this 17th day of November, 1999, in Tallahassee, Leon County, Florida. COPIES FURNISHED: Charlene J. Petersen, Esquire Department of Health 420 Fentress Boulevard Daytona Beach, Florida 32114 Michael Jedware Post Office Box 390073 Deltona, Florida 32738-0073 Angela T. Hall, Agency Clerk Department of Health Bin A02 CHARLES C. ADAMS Administrative Law Judge Division of Administrative Hearings The DeSoto Building 1230 Apalachee Parkway Tallahassee, Florida 32399-3060 (850) 488-9675 SUNCOM 278-9675 Fax Filing (850) 921-6847 www.doah.state.fl.us Filed with the Clerk of the Division of Administrative Hearings this 17th day of November, 1999. 2020 Capital Circle, Southeast Tallahassee, Florida 32399-1703 Dr. Robert G. Brooks, Secretary Department of Health Bin A02 2020 Capital Circle, Southeast Tallahassee, Florida 32399-1701
The Issue Whether the Governor and Cabinet sitting as the Siting Board should approve (on appropriate conditions) or deny petitioners' application for a certificate authorizing construction and operation of the proposed Cedar Bay Cogeneration Project, an electrical power plant?
Findings Of Fact As far as the evidence showed, petitioners never analyzed the costs of a natural gas facility as compared to those of a coal-fired facility. According to uncontroverted testimony, however, natural gas is not commercially available in the quantities necessary to fire the plant. If fueled by natural gas, instead of by coal as proposed, the Cedar Bay Cogeneration Project would require 50 million cubic feet of natural gas per day, on a firm basis. Natural Gas Availability The Florida Gas Transmission system, a branch of which (the "Brooker lateral") serves People's Gas System, the only local distribution company in Jacksonville, (RT.60) has no transmission capacity not already fully allocated to existing users. Among Florida Gas Transmission Company's customers are other power plants, including some operated by Jacksonville Electric Authority. Florida has "roughly 6,000 megawatts of power [generating capacity] that is primarily gas fired . . . [and] another 5,000 megawatts of power [generating capacity] that uses natural gas as a secondary fuel." RT.62. It would take more than "the entire capacity of the Florida Gas Transmission system to move . . . the fuel required to generate . . . 6,000 megawatts." Id. Jacksonville Electric Authority buys natural gas on an interruptible basis, because it has been unable to obtain a commitment to a constant or "firm" supply. The Florida Gas Transmission Company has plans to expand its transmission capacity by 100 million cubic feet a day to a total of 925 million cubic feet a day in 1991 or early 1992. But allocation of the increase -- an issue in obtaining approval from the FERC -- has already been accomplished, and the expansion will make no firm capacity available to new users. Talk of another expansion has already begun, but so far the company has done little more than collect questionnaires (which suggest demand for double the existing service.) At one time, liquefied natural gas came from Algeria to Elba Island near Savannah, Georgia, by ship. A 20- inch pipeline connects the terminal with the Sonat system on the mainland. But no Sonat pipeline comes within some 150 miles of Jacksonville, and shipments of liquefied natural gas to Elba Island ceased with the decline of oil prices after the mid-l970s. At present, the Florida Gas Transmission Company has a monopoly in Jacksonville and peninsular Florida. But `a system. in southern Georgia "called Mobile Bay" (RT.77) has plans to extend a 12-inch pipeline from an existing line near Live Oak to Jacksonville. With respect to some or all of this planned capacity, "certain commitments have been made." RT.59. Under pressure, the proposed 12-inch pipeline could transmit over 40 million cubic feet of natural gas a day, but only if that much gas reached Live Oak, and "the South Georgia system is constrained during certain parts of the year," RT.59, as it is. From the fact that a pipeline is to be constructed to bring less natural gas to Jacksonville than would be required to fuel the Cedar Bay project it might be inferred that the project itself would justify construction of a pipeline. But the opinion of petitioners' expert, Mr. Van Meter that natural gas is not an available or reasonable fuel for the Cedar Bay Cogeneration Project (RT.65, 74, 79) -- and would not have been even if natural gas had been planned for earlier -- went unrebutted. Likewise unrebutted was the testimony of another of petitioners' experts that, from an economic standpoint, "Base load power plants['] most desirable fuels would be coal and nuclear." RT. 103. Construction Dewatering The applicants have modified their dewatering plan, and now propose new construction techniques for the railcar unloading facility; sequential installation of underground pipes; sequential excavation of pump pits; and an advanced effluent treatment system. (RT. 147, 149-52, 171-76, 178, 185-92; AES Ex. 4R) A cofferdam or groundwater barrier encircling the railcar unloading area would drastically reduce the amount of groundwater seeping into the excavation during construction. (RT. 173; AES Ex. 4R, 7R). Sheet piling is to be driven into perimeter trenches filled with bentonite cement. (RT. 174-75; AES Ex. 4R, 7R, 8R). Using a jet grouting technique, a five- to ten-foot thick seal would be created underneath the planned excavation. (RT. 175-76; AES Ex. 4R, 7R, 9R). Steel tie-back rods would strengthen the cofferdam, and a pump would move seepage to the surface from a sump designed to collect groundwater seeping through the cofferdam and up through the grout into the excavation. (RT. 176-77; AES Ex. 4R, 7R) The modified construction techniques now proposed would reduce maximum groundwater drawdown outside the cofferdam from approximately the 30 feet below grade originally contemplated to a currently anticipated level of approximately 5.5 feet below grade. (RT. 279; AES Ex. 10R). Excavations to install circulating water piping and to create pits to house runoff pumps would be scheduled to keep down the volume of dewatering effluent at any given time. (RT. 178-79, AES Ex. 4R) Installing a cofferdam, jetting in grauting, and sequencing construction, as now proposed, would reduce dewatering effluent flows from the 1000 to 2000 gallons per minute originally contemplated to no more than 200 gallons per minute. (RT. 180, 185; AES Ex. 4R, pp. 1 and 2) In another modification, the applicants now propose an advanced treatment system to improve the quality of (a diminished quantity of) dewatering effluent, prior to its introduction into Seminole Kraft's cooling water system. The proposed treatment system would employ as many as five treatment technologies, if needed, to ensure that cooling water system discharges to the St. Johns River containing dewatering effluent would meet Class III water quality standards. Equipment necessary to bring each technology to bear would be on site and available for use before dewatering began. (RT. 151, 185, 193, 196; AES Ex. 4R) Mixing dewatering effluent with lime would remove dissolved metals from solution. Then a clarifier would precipitate and separate solids. These first two stages of the treatment process now proposed comprise the whole of the treatment process originally proposed. (RT. 149-50, 185-68; AES Ex. 4R) Additional treatment, as needed, would include sand filtering, to eliminate the need for any turbidity mixing zone (RT. 151, 190, 198, 201; AES Ex. 4R); using a carbon filter to remove organic compounds (and some heavy metals), obviating the need for a phenol mixing zone (RT. 190-191, 198, 201; AES Ex. 4R); and, finally, selective ion exchange, to provide additional metals removal, if needed. (RT. 151, 191, 201-02; AES Ex. 4R) The applicants are to ascertain and report the quality of effluent as long as dewatering takes place. They must use a composite sampling method once a week for the first month. Thereafter they may use a single "grab" sample, but must continue assessing effluent quality once a week until dewatering ceases. The proposed monitoring program must be capable of detecting whether water quality standards are being met. (RT. 166, 195, 321-22; AES Ex. 4R). The applicants' modified dewatering plan is an environmental improvement over the previous plan and would ensure compliance with water quality standards. (RT. 193, 196, 261) DER has recommended and the applicants have agreed to accept modified Conditions III.A.12. (Construction dewatering), III.A.13 (Mixing Zones), and III.A.14. (Variances to Water Quality Standards). (RT. 152; AES Ex. SR as modified by the Joint Recommended Order filed November 1990). Based upon the applicants' modified dewatering plan, a reasonable allocation of water for construction dewatering is a maximum daily withdrawal not to exceed .288 million gallons. Modified Condition V.D. is reasonable and the applicants accept its terms. (RT. 254, 294-295; SJRWMD Ex. IR) Water for Cooling Purposes The applicants now propose to use either reclaimed water or river water for cooling, to the extent practicable, in an effort to avoid using groundwater as the permanent, primary source of cooling water. September drought conditions caused record low readings for the Floridan aquifer at 23 monitoring wells in the northern part of the St. Johns River Water Management "District, including wells in Duval County." RT. 248. The original proposal called for withdrawing four million gallons of water a day from the Floridan aquifer for cooling, when power generation begins. Under the modified proposal, groundwater would still be used as makeup for the steam or power generation system, as service water, and for potable purposes, but (except in emergencies) not for cooling, assuming the applicants obtain the regulatory approval they would be obliged to seek. The applicants have agreed to accept modified Condition XXV (Use of Water for Cooling Purposes). (RT. 155-158, 204-208; AES Ex. 6R, 12R, 13R) Condition IV.C. has been modified to reflect the reduced withdrawal of groundwater that would be necessary if groundwater is not used for cooling. For the next seven years, a maximum annual withdrawal from the Floridan aquifer for non- cooling uses of no more than 530.7 million gallons and a maximum daily withdrawal of no more than 1.45 million gallons represent amounts that are considered reasonably necessary and efficient. Unless the City of Jacksonville has agreed, on or before December 1, 1990, to supply reclaimed water for cooling, the applicants will redesign the cooling system so that river water can be used for cooling. Salt in the Broward and St. Johns rivers requires the use of highly corrosion-resistant materials for certain system components. Constructing these system components with such materials would enable the cooling system to use river water, reclaimed water from the City, or Seminole Kraft wastewater. (RT. 155-56, 159-60, 216-17; AES Ex. 6R). If river water is used, existing Seminole Kraft intake and discharge structures would be utilized. In order to reduce ill effects on aquatic organisms, the applicants would install screening and filter systems upstream of the pumps. Brackish river water must be changed or "cycled" more often than groundwater, lest evaporation cause scaling that would clog the system. The volume of river water required for cooling tower makeup is estimated at approximately 14 million gallons per day. Because cooling with river water would require more water, the applicants propose to increase piping and valve sizes for the cooling system. (RT. 155-57, 168, 215-16, 219-20; AES Ex. 6R) Modified Condition XXV specifies a procedure for amending site certification to require use of one of two primary cooling water sources: reclaimed water from the City or surface water from the Broward or St. Johns rivers. The applicants have agreed to apply within six months for modifications concerning design and operation of the plant cooling system. The application must contain information necessary to demonstrate that operation of the cooling system without using groundwater as the primary cooling water source would comply with all relevant non-procedural agency standards or qualify for a variance. The application must also detail the reasons for selection of one requested source over other possible sources. There would be no delegation to DER's Secretary for determinations under Condition XXV. Final authority to render determinations under Condition XXV would remain with the Siting Board. (RT. 207, 269; SJRWMD Ex. 2R) As drafted by the parties, modified proposed Condition xxv provides that groundwater may be utilized for cooling only in the event that neither river water nor reclaimed water from the City of Jacksonville obtains necessary environmental approvals of the preferred primary cooling sources are denied on the grounds of unavailability, or environmental or economic impracticability, as set forth in the condition. (RT. 207, 228-30; AES Ex. 12R) The applicants modified cooling system plans and modified Condition XXV, as drafted by the parties, are designed to ensure that the cooling system will use either river water or reclaimed water, to the extent it is economically and environmentally practicable. Use of either of these sources for this proposed cooling facility is viewed by the SJRWMD as equally appropriate to fulfill its conservation and reuse standards and the state water policy, which require consumptive users to utilize, to the extent practicable, the lowest quality water suitable for the proposed use. (RT. 242-43, 299-300) The applicants have stipulated that it is economically feasible and practicable for them to pay $.18-1/2 per thousand gallons for reclaimed water without phosphorous treatment or $.22 per thousand gallons for treated reclaimed water, unless expenditures have already been made to construct the cooling system to utilize river water. They also stipulated that the river water cooling option is economically feasible and practicable, if the facility is authorized to operate with the same type of cooling tower discharge operation variances granted to the St. Johns River Power Park. (RT. 206, 218, 245, 295j AES Ex. 12R) The St. Johns River Power Park, a power plant in Duval County which was certified under the Florida Electrical Power Plant Siting Act, utilizes river water for cooling tower makeup and discharges its cooling tower blowdown into the St. Johns River. When river water is used for cooling, evaporation increases concentrations of pollutants already in the river. The St. Johns River Power Park's certification conditions include variances from Class III water quality standards which allow the facility to operate its cooling system with river water. These variances have been granted for two-year periods, with the permittee being required to obtain variance renewals every two years in order to continue operation of the cooling system. (RT. 206, 218-19, 288-89). Salt drift as well as concentrations of pollutants in the blowdown are being assessed. RT. 284. Use of Seminole Kraft's current wastewater is not mentioned in modified Condition XXV, as drafted by the parties. By the time the Cedar Bay cogeneration facility needs cooling water, the Seminole Kraft plant may have become a cardboard recycling facility, which would discharge a different and potentially more useful wastewater than is currently being discharged by Seminole Kraft. The precise quality of any such future effluent cannot be predicted with a high degree of certainty at this time. (RT. 222-23, 238-43) But the applicants should "evaluate the practicability under [SJRWMD] rules of utilizing Seminole Kraft wastewater . . . [using] the best information . . . available," (RT. 243) during the post- certification proceeding new Condition XXV calls for, at least if reclaimed water is unavailable from the City of Jacksonville. If a primary source of cooling water other than groundwater proves unavailable or environmentally or economically impractical, as set out in modified Condition XXV, a maximum annual withdrawal from the Floridan aquifer for all facility uses not to exceed 1,990 million gallons and a maximum daily withdrawal not to exceed seven million gallons are reasonable for a period of seven years. (RT. 211,12, 296-97; AES Ex. 14R) In the event groundwater became the primary cooling source, proposed Condition xxv would require the applicants to implement their groundwater mitigation plan. (RT. 207, 229-30; AES Ex. 12R). Under this plan, the applicants would fund a free- flowing well inventory in Duval County. Additionally, they would provide a contribution of $380,000 per year for plugging free- flowing wells to reduce discharges from these wells by seven million gallons a day, if discharges of such magnitude are found. Thereafter, the applicants' annual contributions, which are to continue as long as groundwater is used for cooling, would fund a water conservation and reuse grants program in Duval County. The plan represents not only a water conservation measure but also serves as an economic incentive to the applicants to pursue necessary approvals for use of another primary cooling water source. Overall Evaluation Hamilton S. Oven, Jr. testified without contradiction that the project as now proposed "would produce minimal adverse effects on human health . . . the environment the ecology of the land and its wildlife . . . [and] the ecology of state waters and their aquatic life." RT.277. He also testified that the applicants' proposal would comply "with relevant agency standards." (RT.273) (although the evidence showed variances would be needed for cooling tower blowdown, at least if reclaimed water is not used.) Mr. Oven explained that he used permitting agencies' "criteria as a measuring stick to show compliance and to try to produce the minimal adverse impacts as allowed by regulatory policy." RT.274. Like Mr. Oven, Stephen Smallwood, Director of DER's Division of Air Resources Management interprets "minimal" as used in the Florida Electric Power Plant Siting Act to mean "minimal with respect to the standards of the agencies." DER's Exhibit No. 2R, P. 11. Otherwise, he explained, "[Y]ou'd have to perhaps conclude . . . that you couldn't license any coal-fired units [. T]hey'd either all have to be natural-gas fired or . . . nuclear or . . . solar." Id. DER staff concluded that the proposed Cedar Bay Cogeneration Project effects a reasonable balance between the need for the project and the environmental impacts associated with the project. On this basis, DER recommended that the project be certified subject to recommended conditions of certification.
Recommendation It is, accordingly, RECOMMENDED: That the Siting Board grant the site certification application filed by AES Cedar Bay, Inc. and Seminole Kraft Corporation, as amended, subject to the agreed conditions of certification attached to the recommended order as an appendix, and on condition that the facility use reclaimed wastewater as cooling tower make-up within seven years of beginning operation. DONE and ENTERED this 29th day of May, 1990, in Tallahassee, Leon County, Florida. ROBERT T. BENTON, II Hearing Officer Division of Administrative Hearings The DeSoto Building 1230 Apalachee Parkway Tallahassee, Florida 32399-1550 (904) 488-9675 Filed with the Clerk of the Division of Administrative Hearings this 29th day of May, 1990. APPENDIX CONDITIONS OF CERTIFICATION When a condition is intended to refer to both AES Cedar Bay, Inc. and Seminole Kraft Corp., the term "Cedar Bay Cogeneration Project or the abbreviation "CBCP" or the term "permittees" will be used. Where a condition applies only to AES Cedar Bay, Inc. the term "AES Cedar Bay, Inc." or the abbreviation "AESCB" or the term "permittee," where it is clear that AESCB is the intended responsible party, will be used. Similarly, where a condition applies only to Seminole Kraft Corp., the term "Seminole Kraft Corp." or the abbreviation "SK" or the term "permittee," where it is clear that SK is the intended responsible party, will be used. The Department of Environmental Regulation may be referred to as DER or the Department. BESD represents the City of Jacksonville, Bio-Environmental Services Division. SJRWMD represents the St. Johns River Water Management District. GENERAL The construction and operation of CBCP shall be in accordance with all applicable provisions of at least the following regulations of the Department Chapters 17-2, 17-3, 17-4, 17-5, 17-6, 17-7, 17-12, 17-21, 17-22, 17-25 and 17-610, Florida Administrative Code (F.A.C.) or their successors as they are renumbered. AIR The construction and operation of AESCB shall be in accordance with all applicable provisions of Chapters 17-2, F.A.C. In addition to the foregoing, AESCB shall comply with the following condition of certification as indicated. Emission Limitations for AES Boilers Fluidized Bed Coal Fired Boilers (CFB) The maximum coal charging rate of each CFB shall neither exceed 104,000 lbs/hr, 39,000 tons per month (30 consecutive days, nor 390,000 tons per year (TPY). This reflects a combined total of 312,000 lbs/hr, 117,000 tons per month, and 1,170,000 TPY for all three CFBs. The maximum wood waste (primarily bark) charging rate to the No. 1 and No. 2 CFBs each shall neither exceed 15,653 lbs/hr, nor 63,760 TPY. This reflects a combined total of 31,306 lbs/hr, and 127,521 TPY for the No. 1 and No. 2 CFBs. The No. 3 CFB will not utilize woodwaste, nor will it be equipped with wood waste handling and firing equipment. The maximum heat input to each CFB shall not exceed 1063 MMBtu/hr. This reflects a combined total of 3189 MMBtu/hr for all three units. The sulfur content of the coal shall not exceed 1.7% by weight on an annual basis. The sulfur content shall not exceed 3.3% by weight on a shipment (train load) basis. Auxiliary fuel burners shall be fueled only with natural gas or No. 2 fuel oil with a maximum sulfur content of 0.3% by weight. The fuel oil with a maximum sulfur content of 0.3% by weight. The fuel oil or natural gas shall be used only for startups. The maximum annual oil usage shall not exceed 160,000 gals/year, nor shall the maximum annual natural gas usage exceed 22.4 MMCF per year. The maximum heat input from the fuel oil or gas shall not exceed 1120 MMBtu/hr for the CFBs. The CFBs shall be fueled only with the fuels permitted in Conditions 1a., 1b and 1e above. Other fuels or wastes shall not be burned without prior specific written approval of the Secretary of DER pursuant to condition XXI, Modification of Conditions. The CFBs may operate continuously, i.e. 8760 hrs/yr. Coal Fired Boiler Controls The emissions from each CFB shall be controlled using the following systems: Limestone injection, for control of sulfur dioxide. Baghouse, for control of particulate. Flue gas emissions from each CFB shall not exceed the following: Pollutant lbs/MMBtu Emission lbs/hr Limitations TPY TPY for 3 CFBs CO 0.19 202 823 2468 NOx 0.29 308.3 1256 3767 SO2 0.60(3-hr avg.) 637.8 -- -- 0.31(12 MRA) 329.5 1338 4015 VOC 0.016 17.0 69 208 PM 0.020 21.3 87 260 PM10 0.020 21.3 86 257 H2SO4mist 0.024 25.5 103 308 Fluorides 0.086 91.4 374 1122 Lead 0.007 7.4 30 91 Mercury 0.00026 0.276 1.13 3.4 Beryllium 0.00011 0.117 0.5 1.5 Note: TPY represents a 93% capacity factor. MRA refers to a twelve month rolling average. Visible emissions (VE) shall not exceed 20% capacity (6 min. average), except for one 6 minute period per hour when VE shall not exceed 27% capacity. Compliance with the emission limits shall be determined by EPA reference method tests included in the July 1, 1988 version of 40 CFR Parts 60 and 61 and listed in Condition No. 7 of this permit or be equivalent methods after prior DER approval. The CFBs are subject to 40 CFR Part 60, Subpart Da; except that where requirements within this certification are more restrictive, the requirements of this certification shall apply. Compliance Tests for each CFB Initial compliance tests for PM/PM10, SO2, NOx, CO, VOC, lead, fluorides, mercury, beryllium and H2SO4 mist shall be conducted in accordance with 40 CFR 60.8 (a), (b), (d), (e), and (f). Annual compliance tests shall be performed for PM. SO2, NOx, commencing no later than 12 months from the initial test. Initial and annual visible emissions compliance tests shall be determined in accordance with 40 CFR 60.11(b) and (e). The compliance tests shall be conducted between 90-100% of the maximum licensed capacity and firing rate of each permitted fuel. The following test methods and procedures of 40 CFR Parts 60 and 61 or other DER approved methods with prior DER approval shall be used for compliance testing: Method 1 for selection of sample site and sample traverses. Method 2 for determining stack gas flow rate. Method 3 or 3A for gas analysis for calculation of percent O2 and CO2. Method 4 for determining stack gas moisture content to convert the flow rate from actual standard cubic feet to dry standard cubic feet. Method 5 or Method 17 for particulate matter. Method 6, 6C, or 8 for SO2. Method 7, 7A, 7B, 7C, 7D, or 7E for nitrogen oxides. Method 8 for sulfuric acid mist. Method 9 for visible emissions, in accordance with 40 CFR 60.11. Method 10 for CO. Method 12 for lead. Method 13B for fluorides. Method 25A for VOCs. Method 101A for mercury. Method 104 for beryllium. Continuous Emission Monitoring for each CFB AESCB shall use Continuous Emission Monitors (CEMS) to determine compliance. CEMS for opacity, SO2, NOx, CO, and O2 or CO2, shall be installed, calibrated, maintained and operated for each unit, in accordance with 40 CFR 60.47a and 40 CFR 60 Appendix F. Each continuous emission monitoring system (CEMS) shall meet performance specifications of 40 CFR 60, Appendix B. CEMS data shall be recorded and reported in accordance with F.A.C. Chapter 17-2, F.A.C., and 40 CFR 60. A record shall be kept for periods of startup, shutdown and malfunction. A malfunction means any sudden and unavoidable failure of air pollution control equipment or process equipment to operate in a normal or usual manner. Failures that are caused entirely or in part by poor maintenance, careless operation or any other preventable upset condition or preventable equipment breakdown shall not be considered malfunctions. The procedures under 40 CFR 60.13 shall be followed for installation, evaluation and operation of all CEMS Opacity monitoring system data shall be reduced to 6-minute averages, based on 36 or more data points, and gaseous CEMS data shall be reduced to 1-hour averages, based on 4 or more data points, in accordance with 40 CFR 60.13(h). For purposes of reports required under this certification, excess emissions are defined as any calculated average emission concentration, as determined pursuant to Condition No. 10 herein, which exceeds the applicable emission limit in Condition No. 3. Operations Monitoring for each CFB Devices shall be installed to continuously monitor and record steam production, and flue gas temperature at the exit of the control equipment. The furnace heat load shall be maintained between 70% and 100% of the design rated capacity during normal operations. The coal, bark, natural gas and No. 2 fuel oil usage shall be recorded on a 24-hr (daily) basis for each CFB. Reporting for each CFB A minimum of thirty (30) days prior notification of compliance test shall be given to DER's N.E. District office and to the BESD (Bio-Environmental Services Division) office, in accordance with 40 CFR 60. The results of compliance test shall be submitted to the BESD office within 45 days after completion of the test. The owner or operator shall submit excess emission reports to BESD, in accordance with 40 CFR 60. The report shall include the following: The magnitude of excess emissions computed in accordance with 40 CFR 60.13(h), any conversion factors used, and the date and time of commencement and completion of each period of excess emissions (60.7(c)(1)). Specific identification of each period of excess emissions that occurs during startups, shutdowns, and malfunctions of the furnace boiler system. The nature and cause of any malfunction (if known) and the corrective action taken or preventive measured adopted (60.7(c)(2)). The date and time identifying each period during which the continuous monitoring system was inoperative except for zero and span checks, and the nature of the system repairs of adjustments (60.7(c)(3)). When no excess emissions have occurred or the continuous monitoring system has not been inoperative, repaired, or adjusted, such information shall be stated in the report (60.7(c)(4)). The owner or operator shall maintain a file of all measurements, including continuous monitoring systems performance evaluations; monitoring systems or monitoring device calibration; checks; adjustments and maintenance performed on these systems or devices; and all other information required by this permit recorded in a permanent form suitable for inspection (60.7(d)). Annual and quarterly reports shall be submitted to BESD as per F.A.C. Rule 17-2.700(7). Any change in the method of operation, fuels utilized, equipment, or operating hours or any other changes pursuant to F.A.C. Rule 17-2.100, defining modification, shall be submitted for approval to DER's Bureau of Air Regulation. AES - Material Handling and Treatment The material handling and treatment operations may be continuous, i.e. 8760 hrs/yr. The material handling/usage rates shall not exceed the following: Handling/Usage Rate Material TPM TPY Coal 117,000 1,170,000 Limestone 27,000 320,000 Fly Ash 28,000 336,000 Bed Ash 8,000 88,000 Note: TPM is tons per month based on 30 consecutive days, TPY is tons per year. The VOC emissions from the maximum No. 2 fuel oil utilization rate of 240 gals/hr, 2,100,000 gals/year for the limestone dryers; and 8000 gals/hr, 160,000 gals/year for the three boilers are not expected to be significant. The maximum emissions from the material handling and treatment area, where baghouses are used as controls for specific sources, shall not exceed those listed below (based on AP-42 factors): Particulate Emissions Source lbs/hr TPY Coal Rail Unloading Coal Belt Feeder neg neg neg neg Coal Crusher 0.41 1.78 Coal Belt Transfer neg neg Coal Silo neg neg Limestone Crusher 0.06 0.28 Limestone Hopper 0.01 0.03 Fly Ash Bin 0.02 0.10 Bed Ash Hopper 0.06 0.25 Ash Silo 0.06 0.25 Common Feed Hopper 0.03 0.13 Ash Unloader 0.01 0.06 The emissions from the above listed sources and the limestone dryers are subject to the particulate emission limitation requirement of 0.03 gr/dscf. However, neither DER nor BESD will require particulate tests in accordance with EPA Method 5 unless the VE limit of 5% opacity is exceeded for a given source, or unless DER or BESD, based on other information, has reason to believe the particulate emission limits are being violated. Visible Emissions (VE) shall not exceed 5% opacity from any source in the material handling and treatment area, in accordance with F.A.C. Chapter 17-2. The maximum emissions from each of the limestone dryers while using oil shall not exceed the following (based on AP-42 factors, Table 1, 3-1, Industrial Distillate, 10/86): Pollutant lbs/hr Estimated TPY Limitations TPY for 2 dryers PM/PM10 0.25 1.1 2.2 SO2 5.00 21.9 43.8 CO 0.60 2.6 5.2 NOx 2.40 10.5 21.0 VOC 0.05 0.2 0.4 Visible emissions from the dryers shall not exceed 5% opacity. If natural gas is used, emissions limits shall be determined by factors contained in AP-42 Table 1. 4-1, Industrial 10/86. The maximum No. 2 fuel oil firing rate for each limestone dryer shall not exceed 120 gals/hr, or 1,050,000 gals/year. This reflects a combined total fuel oil firing rate of 240 gals/hr, and 2,100,000 gals/year, for the two dryers. The maximum natural gas firing rate for each limestone dryer shall not exceed 16,800 CF per hour, or 147 MMCF per year. Initial and annual Visible Emission compliance tests for all the emission points in the material handling and treatment area, including but not limited to the sources specified in this permit, shall be conducted in accordance with the July 1, 1988 version of 40 CFR 60, using EPA Method 9. Compliance test reports shall be submitted to BESD within 45 days of test completion in accordance with Chapter 17- 2.700(7) of the Florida Administrative Code. Any changes in the method of operation, raw materials processed, equipment, or operating hours or any other changes pursuant to F.A.C. Rule 17-2.100, defining modification, shall be submitted for approval to DER's Bureau of Air Regulation (BAR). Requirements for the Permittees Beginning one month after certification, AESCB shall submit to BESD and DER's BAR, a quarterly status report briefly outlining progress made on engineering design and purchase of major equipment, including copies of technical data pertaining to the selected emission control devices. These data should include, but not be limited to, guaranteed efficiency and emission rates, and major design parameters such as air/cloth ratio and flow rate. The Department may, upon review of these data, disapprove the use of any such device. Such disapproval shall be issued within 30 days of receipt of the technical data. The permittees shall report any delays in construction and completion of the project which would delay commercial operation by more than 90 days to the BESD office. Reasonable precautions to prevent fugitive particulate emissions during construction, such as coating of roads and construction sites used by contractors, regrassing or watering areas of disturbed soils, will be taken by the permittees. Fuel shall not be burned in any unit unless the control devices are operating properly, pursuant to 40 CFR Part 60 Subpart Da. The maximum sulfur content of the No. 2 fuel oil utilized in the CFBs and the two unit limestone dryers shall not exceed 0.3 percent by weight. Samples shall be taken of each fuel oil shipment received and shall be analyzed for sulfur content and heating value. Records of the analysis shall be kept a minimum of two years to be available for DER and BESD inspection. Coal fired in the CFBs shall have a sulfur content not to exceed 3.3 percent by weight. Coal sulfur content shall be determined and recorded in accordance with 40 CFR 60.47a. AESCB shall maintain a daily log of the amounts and types of fuel used and copies of fuel analysis containing information on sulfur content and heating values. The permittees shall provide stack sampling facilities as required by Rule 17-2.700(4) F.A.C. Prior to commercial operation of each source, the permittees shall each submit to the BAR a standardized plan or procedure that will allow that permittee to monitor emission control equipment efficiency and enable the permittee to return malfunctioning equipment to proper operation as expeditiously as possible. Contemporaneous Emission Reductions This certification and any individual air permits issued subsequent to the final order of the Board certifying the power plant site under 403.509, F.S., shall require, that the following Seminole Kraft Corporation sources be permanently shut down and made incapable of operation, and shall turn in their operation permits to the Division of Air Resources Management's Bureau of Air Regulation, at the time of submittal of performance test results for AES's CFBs: the No. 1 PB (power boiler), the No. 2 PB, shall be specifically informed in writing within thirty days after each individual shut down of the above reference equipment. This requirement shall operate as a joint and individual requirement to assure common control for purpose of ensuring that all commitments relied on are in fact fulfilled. WATER DISCHARGES Any discharges into any waters of the State during construction and operation of AESCB shall be in accordance with all applicable provisions of Chapters 17-3, and 17-6, Florida Administrative Code, and 40 CFR, Part 423, Effluent Guidelines and Standards for Steam Electric Power Generating Point Source Category, except as provided herein. Also, AESCB shall comply with the following conditions of certification: Plant Effluents and Receiving Body of Water For discharges made from the AESCB power plant the following conditions shall apply: Receiving Body of Water (RBW) - The receiving body of water has been determined by the Department to be those waters of the St. Johns River or Broward River and any other waters affected which are considered to be waters of the State within the definition of Chapter 403, Florida Statutes. Point of Discharge (POD) - The point of discharge has been determined by the Department to be where the effluent physically enters the waters of the State in the St. Johns River via the SKC discharge outfall 001, which is the existing main outfall from the paper mill emergency overflow to the Broward River. Thermal Mixing Zones - The instantaneous zone of thermal mixing for the AESCB cooling system shall not exceed an area of 0.25 acres. The temperature at the point of discharge into the St. Johns River shall not be greater than 95 degrees F. The temperature of the water at the edge of the mixing zone shall not exceed the limitations of Section 17-3.05(1)(d), F.A.C. Cooling tower blowdown shall not exceed 95 degrees F as a 24-hour average, nor 96 degrees F as an instantaneous maximum. Chemical Wastes from AESCB - All discharges of low volume wastes (demineralizer regeneration, floor drainage, labs drains, and similar wastes) and chemical metal cleaning wastes shall comply with Chapter 17-6, F.A.C. at OSN 006 and 007 respectively. If violations of Chapter 17-6 F.A.C. occur, corrective action shall be taken by AESCB. These wastewaters shall be directed to an adequately sized and constructed treatment facility. pH - The pH of the combined discharges shall be such that the pH will fall within the range of 6.0 to 9.0 at the POD to the St. Johns River and shall not exceed 6.5 to 8.5 at the boundary of a 0.25 acre mixing zone. Polychlorinated Bipheny Compounds - There shall be no discharge of polychlorinated bipheny compounds. Cooling Tower Blowdown - AESCB's discharge from Outfall Serial Number 002 - Cooling Tower Blowdown shall be limited and monitored as specified below: a. Parameter Discharge Limit Monitoring Frequency Requirement Type Discharge Flow (mgd) Report 1/day Totalizer Discharge Temp (F) Instantaneous Maximum Continuous Recorder Total Residual Instantaneous Continuous Recorder Oxidants Maximum-.05 mg/l Time of Total 120 minutes Continuous Recorder Residual Oxidant per day Discharge (TR) Iron Instantaneous 1/week grab Maximum-0.5 mg/l pH 6-9 1/week grab There shall be no detectable discharge of the 125 priority pollutants contained in chemicals added for cooling tower maintenance. Notice of any proposed use of compounds containing priority pollutants shall be made to the DER Northeast District Office not later than 180 days prior to proposed use. Samples taken in compliance with the monitoring requirements specified above shall be taken at OSN 002 prior to mixing with any other waste stream. Seminole Kraft Corporation (SKC) shall shut down the mill's once thru cooling system upon completion of the initial compliance tests on the AESCB boilers conducted pursuant to Condition II.A.7. SKC shall inform the DER NE District Office of the shutdown and surrender all applicable operating permits for that facility. Combined Low Volume Wastes shall be monitored at OSN 006 with weekly grab samples. Discharge limitations are as follows: Daily Max Daily Avg Oil and Grease 20.0 mg/l 15.0 Copper-dissolved 1.0 mg/l* N/A Iron-dissolved 1.0 mg/l* N/A Flow Report N/A Heavy Metals Report (See Below) The pH of the discharge shall not be less than 7.0* standard units and shall be monitored once per shift, unless more frequent monitoring is necessary to quantify types of nonchemical metal cleaning waste discharged. Serial number assigned for identification and monitoring purposes. Heavy metal analysis shall include total copper, iron, nickel, selenium, and zinc. *Limits applicable only to periods in which nonchemical metal cleaning waste is being discharged via this OSN. Length of composite samples shall be during the periods (s) of nonchemical metal cleaning waste generation and discharge and shall be adequate to quantify differences in sources of waste generated (air preheater vs. boiler fireside, etc.). Chemical Metal Cleaning AESCB's discharge from outfall serial number 007 - metal cleaning wastes discharged to the Seminole Kraft treatment system. Such discharges shall be limited and monitored by the permittee as specified below: a. Effluent Characteristic Discharge Limits Monitoring Requirements Instantaneous Max Measurement Frequency Sample Type Flow - m3/day (MGD) - 1/batch Pump log Copper, Total 1.0 mg/l 1/ grab Iron, Total Batches 1.0 mg/l Report 1/ 1/batch grab logs Chemical metal-cleaning wastes shall mean process equipment cleaning including, but not limited to, boiler tubes cleaning. Waste treated and discharged via this OSN shall not include any stream for which an effluent guideline has not been established (40 CFR Part 423) for total copper and total iron at the above levels. Samples taken in compliance with the monitoring requirement specified above shall be taken at the discharge from the metal-cleaning waste treatment facility(s) prior to mixing with any other waste stream. Storm Water Runoff - During construction and operation discharge from the storm water runoff collection system from a storm event less than the once in ten year twenty-four hour storm shall meet the following limits and shall be monitored at OSN 003 by a grab sample once per discharge, but not more often than once per week:* Discharge Limits Effluent Characteristic Instantaneous Maximum Flow (MGD) Report TSS (mg/l) 50 pH 6.0-9.0 During plant operation, necessary measures shall be used to settle, filter, treat or absorb silT.containing or pollutanT.laden storm water runoff to limit the suspended solids to 50 mg/l or less at OSN 003 during rainfall periods less than the 10-year, 24-hour rainfall. Any underdrains must be checked annually and measures must be taken to insure that the underdrain operates as designed. Permittees will have to modify the underdrain system should maintenance measures be insufficient to achieve operation of the underdrains as designed. AES Cedar Bay must back flush the exfiltration/underdrain system at least once during the first six months of calendar each year. These backflushings must occur no closer than four calendar months from each other. In advance of backflushing the exfiltration/underdrain systems, the permittees must notify BESD and SJRWMD of the date and time of the backflushing. Control measures shall consist at the minimum of filters, sediment, traps, barriers, berms or vegetative planting. Exposed or disturbed soil shall be protected as soon as possible to minimize silt, and sedimenT.laden runoff. The pH shall be kept within the range of 6.0 to 9.0 in the discharge to the St. Johns River and 6.5 to 8.5 in the Broward River. Special consideration must be given to the control of sediment laden runoff resulting from storm events during the construction phase. Best management practices erosion controls should be installed early during the construction period so as to prevent the transport of sediment into surface waters which could result in water quality violations and Departmental enforcement action. Revegetation and stabilization of disturbed areas should be accomplished as soon as possible to reduce the potential for further soil erosion. Should construction phase runoff pose a threat to the water quality of state waters, additional measures such as treatment of impounded runoff of the use of turbidity curtains (screens) in on-site impoundments shall be immediately implented with any releases to state waters to be controlled. It is necessary that there be an entity responsible for maintenance of the system pursuant to Section 17- 25.027, F.A.C. Correctional action or modification of the system will be necessary should mosquito problems occur. AES Cedar Bay shall submit to DER with copy to BESD, erosion control plans for the entire construction project (or discrete phrases of the project) detailing measures to be taken to prevent the offsite discharge of turbid waters during construction. These plans must also be provided to the construction contractor prior to the initiation of construction. All swale and retention basin side slopes shall be seeded and mulched within thirty days following their completion and a substantial vegetative cover must be established within ninety days of seeding. Boiler Blowdown Discharge from boiler blowdown to the cooling tower from outfall serial Number 004 shall be limited and monitored as specified below: Effluent Discharge Limits Monitoring Characteristic Requirements Daily Sample Measurement Maximum Type Frequency TSS 30.0 grab 1/Quarter Oil and Grease 15.0 grab 1/Quarter Flow - Calculation 1/Quarter Construction Dewatering Discharge of construction dewatering to the SKC once-through cooling system from outfall serial number 005 shall be limited and monitored as specified below: Effluent Characteristic Discharge Limits Monitoring Requirements Instantaneous Maximum Measurement Frequency Sample Type Flow - m3/day (MGD) - daily Totalizer Turbidity (NTU) 164 1/week grab Aluminium mg/l 1.5 1/week grab Copper mg/l 0.046 daily composite Iron mg/l 0.3 1/week grab Lead mg/l 0.5 1/week grab Mercury mg/l 0.002 1/week grab Phenol ug/l 35.7 daily grab TSS mg/l 50.0 1/week grab pH 6.0-9.0 1/week grab Variance - In accordance with the provisions of Section 403.201 and 403.511(2), F.S., AES Cedar Bay is hereby granted a variance to water quality standards of Chapter 17- 3.121, F.A.C. for copper subject to the following conditions. AES Cedar Bay shall treat the construction dewatering discharge so as not to exceed 0.046 milligrams per liter for copper in the effluent from the dewatering treatment system. AES Cedar Bay shall do sufficient bench testing to demonstrate that it can meet the above limit for copper. AES Cedar Bay shall notify DER and BESD of the bench testing, and allow DER and BESD to be present if they so desire to observe the bench testing. In addition, AES Cedar Bay shall determine the amount of treatment and removal provided for iron, aluminum and lead by the method of treatment selected for copper. A report shall be submitted to DER and BESD summarizing the results of the bench testing of the proposed treatment technique. The variance shall be valid beginning with the start of dewatering and lasting until the end of construction dewatering but not to exceed a period of two years (not including periods of interruption in the construction dewatering). The Secretary has been delegated the authority to grant additional variances or mixing zones from water quality standards should AES Cedar Bay demonstrate any to be necessary after consideration of comments from the parties, public notice and an opportunity for hearing, pursuant to section 120.57 F.S., with final action by the Siting Board if a hearing is requested. In the absence of such final action by the Secretary, compliance with water quality standards shall be measured at the designated POD to the St. John River unless a zone of mixing is granted. Project discharge descriptions - Dewatering water, outfall 005, includes all surficial groundwater extracted during all excavation construction on site for the purpose of installing structures, equipment, etc. Discharges to the SKC once through cooling water system at a location to be depicted on an appropriate engineering drawing to be submitted to DER and BESD. Final discharge after treatment is to the St. Johns River. The permittee shall report to BESD the date that construction dewatering is expected to begin at least one week prior to the commencement of dewatering. Mixing zones - The discharge of the following pollutants shall not violate the Water Quality Standards of Chapter 17-3, F.A.C., beyond the edge of the designated instantaneous mixing zones as described herein. Such mixing zones shall apply when the St. Johns River is in compliance with the applicable water quality standard. Plant Dewatering Operations for two years from the date construction dewatering commences: Parameter Mixing Zone Aluminum 125,600 m2 31 acres Copper " 31 " Iron " 31 " Lead " 31 " Turbidity 12,868 m2 3.2 " Phenol 12,868 " 3.2 " The permittee shall report the date construction dewatering commences to the BESD. During operation of CBCP for the life of the facility: Iron 125,600 m2 (31 acre) mixing zone Chlorine 0 - not measurable in river Temp 1,013 m2 (0.25 acre) pH 1,013 m2 (0.25 acre) Variances to Water Quality Standards - In accordance with the provisions of Sections 403.201 and 403.511(2), F.S., permittees are hereby granted variances to the water Quality Standards of Chapter 17-3.121, F.A.C. for the following: During construction dewatering for a period not to exceed two years -- copper. The Secretary of DER may authorize variances for aluminum, iron, and lead upon a showing that treatment for copper can not bring these metals into compliance, however, any variance granted shall not cause or allow an exceedance of acute toxicity standards. During Operation -- iron. Such variances shall apply only as the natural background levels of the St. Johns River approach or exceed those standards. In any event, the discharge from the CBCP shall comply with the effluent limitations set forth in Paragraph III.A.12. At least 90 days prior to start of construction, AES shall submit a bioassay program to assess the toxicity of construction dewatering effluent to the DER for approval. Such program shall be approved prior to start of construction dewatering. Sanitary wastes from AESCB shall be collected and discharged for treatment to the SKC domestic wastewater treatment plant. Water Monitoring Programs Necessity and extent of continuation, and may be modified in accordance with Condition No. XXI, Modification of Conditions. Chemical Monitoring - The parameters described in Condition III.A. shall be monitored during discharge as described in condition III A. commencing with the start of construction or operation of the CFBs and reported quarterly to the Northeast District Office: Coal, Ash, and Limestone Storage Areas - runoff from the coal pile, ash and lime stone storage areas shall be directed to the SK waste-water treatment facility for discharge under its existing waste-water permit. Monitoring of metals, such as iron, copper, zinc, mercury silver, and aluminum, shall be done once a month during any month when a discharge occurs at OSC 008 or once per month from the collection pond. The ground water levels shall be monitored continuously at selected wells as approved by the SJRWMD. Chemical analysis shall be made on samples from all monitored wells identified in Condition III.F. below. The location, frequency and selected chemical analysis shall be as given in Condition IV.F. The ground water monitoring program shall be implemented at least one year prior to operation of the CFBs. The chemical analysis shall be in accord with the latest edition of Standard Methods for the Analysis of Water and Waistwater. The data shall be submitted within 30 days of collection/analysis to the SJRWMD. GROUND WATER Prior to the construction, modification, or abandonment of a production well for the SK paper mill, the Seminole Kraft must obtain a Water Well Construction Permit from the SJRWMD pursuant to Chapter 40C-3, Florida Administrative Code. Construction, modification, or abandonment of a production well will require modification of the SK consumptive use permit when such construction, modification or abandonment is other than that specified and described on SK's consumptive use permit application form. The construction, modification, or abandonment of a monitor well specified in condition IV.H. will require the prior approval of the Department. All monitor wells intended for use over thirty days must be noticed to BESD prior to construction or change of status from temporary to permanent. Well Criteria, Tagging and Wellfield Operating Plan Leaking or inoperative well casings, valves, or controls must be repaired or replaced as required to put the system back in an operative condition acceptable to the SJRWMD. Failure to make such repairs will be cause for deeming the well abandoned in accordance with Chapter 17.21.02(5), Florida Administrative Code, Chapter 373.309, Florida Statutes and Chapter 366.301(b), and .307(a), Jacksonville ordinance code. Wells deemed abandoned will require plugging according to state and local regulations. A SJRWMD issued identification tag must be prominently displayed at each withdrawal site by permanently affixing such tag to the pump, headgate, valve or other withdrawal facility as provided by Section 40C-2.401, Florida Administrative Code. The SK must notify the SJRWMD in the event that a replacement tag is needed. The permittees must develop and implement a Wellfield Operating Program within six (6) months of certification. This program must describe which wells are primary, secondary, and standby (reserve); the order of preference for using the wells; criteria for shutting down and restarting wells; describe AES Cedar Bay and SKC responsibilities in the operation of the well field, and any other aspects of well field management operation, such as who the well field operator is and any other aspects of wellfield management operation. This program must be submitted to the SJRWMD and a copy to BESD within six (6) months of certification and receive District approval before the wells may be used to supply water for the AES Cedar Bay Cogeneration plant. Maximum Annual Withdrawals Maximum annual withdrawals for AESCB from the Floridan aquifer must not exceed 1.99 billion gallons. Maximum daily withdrawals from the Florida aquifer for the AESCB must not exceed 7.0 million gallons. The use of the Floridan aquifer potable water for control of fugitive dust emissions is prohibited when alternatives are available, such as treated discharges, shallow aquifer wells, or stormwater. The use of Floridan aquifer potable water for the sole purpose of waste stream dilution is prohibited. Water Use Transfer The SJRWMD must be notified, in writing, within 90 days of the transfer of this certification. All transfers are subject to the provisions of Section 40C-2.351, Florida Administrative Code, which state that all terms and conditions of the permit shall be binding of the transferee. Emergency Shortages Nothing in this certification is to be construed to limit the authority of the SJRWMD to declare a water shortage and issue orders pursuant to Section 373.175, Florida Statutes, or to formulate a plan for implementation during periods of water shortage, pursuant to Section 373.246, Florida Statutes. In the event of a water shortage, as declared by the District Governing Board, the AESCB shall adhere to reductions in water withdrawals as specified by the SJRWMD. Monitoring and Reporting The permittee shall maintain records of total daily withdrawals for the AESCB on a monthly basis for each year ending on December 31st. These records shall be submitted to the SJRWMD on Form EN-3 by January 31st of each year. Water quality samples shall be taken in May and October of each year from each production well. The samples shall be analyzed by an HRS certified laboratory for the following parameters: Magnesium Sulfate Sodium Carbonate Potassium Bi-Carbonate (or alkalinity if pH is 6.9 or lower) Chloride Calcium All major ion analysis shall be checked for anion-cation balance and must balance within 5 percent prior to submission. It is recommended that duplicates be taken to allow for laboratory problems or loss. The sample analysis shall be submitted to the SJRWMD by May 30 and October 30 of each year. AESCB shall mitigate any adverse impact caused by withdrawals permitted hereinon legal uses of water existing at the time of permit application. The SJRWMD has the right to curtail permitted withdrawal rates or water allocations if the withdrawals of water cause an adverse impact on legal uses of water which existed at the time of permit application. Adverse impacts are exemplified but not limited to: Reduction of well water levels resulting in a reduction of 10 percent in the ability of an adjacent well to produce water; Reduction of water levels in an adjacent surface water body resulting in a significant impairment of the use of water in that water body; Saline water intrusion or introduction of pollutants into the water supply of an adjacent water use resulting in a significant reduction of water quality; or Change in water quality resulting in either impairment or loss of use of a well or water body. The AESCB shall mitigate any adverse impact cause by withdrawals permitted herein on adjacent land uses which existed at the time of permit application. The SJRWMD had the right to curtail permitted withdrawal rates of water allocations if withdrawals of water cause any adverse impact on adjacent land use which existed at the time of permit application. Adverse impacts are exemplified by but not limited to: Significant reduction in water levels in an adjacent surface water body; Land collapse or subsidence caused by a reduction in water levels; or Damage to crops and other types of vegetation. Significant increases in Chloride levels such that it is likely that wells from the plant or those being impacted from the plant, will exceed 250 mg/l. Ground Water Monitoring Requirements After consultation with the DER, BESD, and SJRWMD, AESCB shall install a monitoring well network to monitor ground water quality horizontally and vertically through the aquifer above the Hawthorm Formation. Ground water quantity and flow directions will be determined seasonally at the site through the preparation of seasonal water table contour maps, based upon water level data obtained during the applicant's preoperational monitoring program. From these maps and the results of the detailed subsurface investigation of site stratigraphy, the water quality monitoring well network will be located. A ground water monitoring plan that meets the requirements of Section 17-28.700(d), F.A.C., shall be submitted to the Department's Northeast District Office for review. Approval or disapproval of the ground water monitoring plan shall be given within 60 days of receipt. Ground water monitoring shall be required at AESCB's pelletized ash storage area, each sedimentation pond, the lime mud storage area, and each coal pile storage area. Insofar as possible, the monitoring wells may be selected from the existing wells and piezometers used in the permittees preoperational monitoring program, provided that the wells construction will not preclude their use. Existing wells will be properly sealed in accordance with Chapter 17-21, F.A.C., whenever they are abandoned due to construction of facilities. The water samples collected from each of the monitor wells shall be collected immediately after removal by pumping of a quantity of water equal to at least three casing volumes. The water quality analysis shall be performed monthly during the year prior to commercial operation and quarterly thereafter. No sampling or analysis is to be initiated until receipt of written approval of a site-specific quality assurance project plant (QAPP) by the Department. Results shall be submitted to the BESD by the fifteenth (15th) day of the month following the month during which such analysis were performed. Testing for the following constituents is required around unlined ponds or storage areas: TDS Cadmium Conductance Zinc pH Copper Redox Nickel Sulfate Selenium Sulfite Chromium Color Arsenic Chloride Beryllium Iron Mercury Aluminum Lead Gross Alpha Conductivity shall be monitored in wells around all lined solid waste disposal sites, coal piles, and wastewater treatment and sedimentation ponds. Leachate Zone of Discharge Leachate from AESCB's coal storage piles, lime mud storage area or sedimentation ponds shall not cause or contribute to contamination of waters of the State (including both surface and ground waters) in excess of the limitations of Chapter 17-3, F.A.C., beyond the boundary of a zone of discharge extending to the top of the Hawthorne Formation below the wastelandfill cell or pond rising to a depth of 50 feet at a horizontal distance of 200 feet from the edge of the landfill or ponds. Corrective Action When the ground water monitoring system shows a potential for this facility to cause or contribute to a violation of the ground water quality standards of Chapter 17-3, F.A.C., at the boundary of the zone of discharge, the appropriate ponds or coal pile shall be bottom sealed, relocated, or the operation of the affected facility shall be altered in such a manner as to assure the Department that no violation of the ground water standards will occur beyond the boundary of the zone of discharge. CONTROL MEASURES DURING CONSTRUCTION Storm Water Runoff During construction, appropriate measures shall be used to settle, filter, treat or absorb silT.containing or pollutanT.laden storm water runoff to limit the total suspended solids to 50 mg/1 or less and pH to 6.0 to 9.0 at OSN 003 during rainfall events that are lesser in intensity than the 10-year, 24-hour rainfall, and to prevent an increase in turbidity of more than 29 NTU above background in waters of the State. Control measures shall consist at the minimum of sediment traps, barriers, berms or vegetative planting. Exposed or disturbed soil shall be protected as soon as possible to minimize silT. and sedimenT.laden runoff. The pH shall be kept within the range of 6.0 to 9.0 at OSN 003. Stormwater drainage to the Broward River or St. Johns River shall be monitored as indicated below: Monitoring Point Parameters Frequency Sample Type *Storm water drainage BOD5, TOC, sus- ** ** to the Broward River pended solids, from the runoff turbidity, dis- treatment pond solved oxygen, pH, TKN, Total phosphorus, Fecal Coliform, Total Coliform Oil and grease ** ** *Monitoring shall be conducted at suitable points for allowing a comparison of the characteristics of preconstruction and construction phase drainage and receiving waters. **The frequency and sample type shall be as outlined in a sampling program prepared by the applicant and submitted at least ninety days prior to start of construction for review and approval by the DER Northeast District Office. The District Office will furnish copies of the sampling program to the BESD and SJRWMD and shall indicate approval or disapproval within 60 days of submittal. Sanitary Wastes Disposal of sanitary wastes from construction toilet facilities shall be in accordance with applicable regulations of the Department and the BESD. Environmental Control Program Each permittee shall establish an environmental control program under the supervision of a qualified person to assure that all construction activities conform to good environmental practices and the applicable conditions of certification. A written plan for controlling pollution during construction shall be submitted to DER and BESD within sixty days of issuance of the Certification. The plan shall identify and describe all pollutants and waste generagted during construction and the methods for control, treatment and disposal. Each permittee shall notify the Department's Northeast District Office and BESD by telephone within 24 hours if possible if unexpected harmful effects or evidence of irreversible environmental damage are detected by it during construction, shall immediately report in writing to the Department, and shall within two weeks provide an analysis of the problem and a plan to eliminate or significantly reduce the harmful effects or damage and a plan to prevent reoccurrence. Construction Dewatering Effluent Maximum daily withdrawals for dewatering for the construction of the railcar unloading facility must not exceed 1.44 million gallons, except during the first 30 days of dewatering. Dewatering for the construction of the railcar unloading facility shall terminate no later than nine months from the start of dewatering. Should the permittee's dewatering operation create shoaling in adjacent water bodies, the permittee is responsible for removing such shoaling. All offsite discharges resulting from dewatering activities must be in compliance with water quality standards required by DER Chapters 17-3 and 17-4, F.A.C., or such standards as issued through a variance by DER. SAFETY The overall design, layout, and operation of the facilities shall be such as to minimize hazards to humans and the environment. Security control measures shall be utilized to prevent exposure of the public to hazardous conditions. The Federal Occupational Safety and Health Standards will be complied with during construction and operation. The Safety Standards specified under Section 440.56, F.S., by the Industrial Safety Section of the Florida Department of Commerce will also be complied with. CHANGE IN DISCHARGE All discharges or emissions authorized herein to AESCB shall be consistent with the terms and conditions of this certification. The discharge of any pollutant not identified in the application or any discharge more frequent than, or at a level in excess of, that authorized herein shall constitute a violation of this certification. Any anticipated facility expansions, production increases, or process modification which will result in new, different or increased discharges or expansion in steam generating capacity will require a submission of new or supplemental application to DER's Siting Coordination Office pursuant to Chapter 403, F.S. NONCOMPLIANCE NOTIFICATION If, for any reason, either permittee does not comply with or will be unable to comply with any limitation specified in this certification, the permittee shall notify the Deputy Assistant Secretary of DER's Northeast District and BESD office by telephone as soon as possible but not later than the first DER working day after the permittee becomes aware of said noncompliance, and shall confirm the reported situation in writing within seventy-two (72) hours supplying the following information: A description and cause of noncompliance; and The period of noncompliance, including exact dates and times; or, if not corrected, the anticipated time the noncompliance is expected to continue, and steps being taken to reduce, eliminate, and prevent recurrence of the noncomplying event. FACILITIES OPERATION Each permittee shall at all times maintain good working order and operate as efficiently as possible all of its treatment or control facilities or systems installed or used by the permittee to achieve compliance with the terms and conditions of this certification. Such systems are not to be bypassed without prior Department (Northeast District) after approval and after notice to BESD except where otherwise authorized by applicable regulations. ADVERSE IMPACT The permittees shall take all reasonable steps to minimize any adverse impact resulting from noncompliance with any limitation specified in this certification, including, but not limited to, such accelerated or additional monitoring as necessary to determine the nature and impact of the noncomplying event. RIGHT OF ENTRY The permittees shall allow the Secretary of the Florida Department of Environmental Regulation and/or authorized DER representatives, and representatives of the BESD and SJRWMD, upon the presentation of credentials: To enter upon the permittee's premises where an effluent source is located or in which records are required to be kept under the terms and conditions of this permit; and To have access to and copy all records required to be kept under the conditions of this certification; and To inspect and test any monitoring equipment or monitoring method required in this certification and to sample any discharge or emissional pollutants; and To assess any damage to the environment or violation of ambient standards. SJRWMD authorized staff, upon proper identification, will have permission to enter, inspect, and observe permitted and related CUP facilities in order to determine compliance with the approved plans, specifications, and conditions of this certification. BESD authorized staff, upon proper identification, will have permission to enter, inspect, sample any discharge, and observe permitted and related facilities in order to determine compliance with the approved plans, specifications, and conditions of this certification. REVOCATION OR SUSPENSION This certification may be suspended, or revoked pursuant to Section 403.512, Florida Statutes, or for violations of any Condition of Certification. CIVIL AND CRIMINAL LIABILITY This certification does not relieve either permittee from civil or criminal responsibility or liability for noncompliance with any conditions of this certification, applicable rules or regulations of the Department, or Chapter 403, Florida Statutes, or regulations thereunder. Subject to Section 403.511, Florida Statutes, this certification shall not preclude the institution of any legal action or relieve either permittee from any responsibilities or penalties established pursuant to any other applicable State Statutes or regulations. PROPERTY RIGHTS The issuance of this certification does not convey any property rights in either real or personal property, tangible or intangible, nor any exclusive privileges, nor does it authorize any injury to public or private property or any invasion of personal rights, nor any infringement of Federal, State or local laws or regulations. The permittees shall obtain title, lease or right of use to any sovereign submerged lands occupied by the plant, transmission line structures, or appurtenant facilities from the State of Florida. SEVERABILITY The provisions of this certification are severable, and, if any provision of this certification or the application of any provision of this certification to any circumstances is held invalid, the application of such provision to other circumstances and the remainder of the certification shall not be affected thereby. DEFINITIONS The meaning of terms used herein shall be governed by the definitions contained in Chapter 403, Florida Statutes, and any regulation adopted pursuant thereto. In the event of any dispute over the meaning of a term used in these general or special conditions which is not defined in such statutes or regulations, such dispute shall be resolved by reference to the most relevant definitions contained in any other state or federal statute or regulation or, in the alternative, by the use of the commonly accepted meaning as determined by the Department. REVIEW OF SITE CERTIFICATION The certification shall be final unless revised, revoked, or suspended pursuant to law. At least every five years from the date of issuance of this certification or any National Pollutant Discharge Elimination Control Act Amendments of 1972 for the plant units, the Department shall review all monitoring data that has been submitted to it or it's agent(s) during the preceding five- year period for the purpose of determining the extent of the permittee's compliance with the conditions of this certification of the environmental impact of this facility. The Department shall submit the results of it's review and recommendations to the permittees. Such review will be repeated at least every five years thereafter. MODIFICATION OF CONDITIONS The conditions of this certification may be modified in the following manner: The Board hereby delegates to the Secretary the authority to modify, after notice and opportunity for hearing, any conditions pertaining to consumptive use of water, reclaimed water, monitoring, sampling, ground water, surface water, mixing zones, or variances to water quality standards, zones of discharge, leachate control programs, effluent limitations, air emission limitations, fuel, or solid waste disposal, right of entry, railroad spur, transmission line, access road, pipelines, or designation of agents for the purpose of enforcing the conditions of this certification. All other modifications shall be made in accordance with Section 403.516, Florida Statutes. FLOOD CONTROL PROTECTION The plant and associated facilities shall be construed in such a manner as to comply with the Duval County flood protection requirements. EFFECT OF CERTIFICATION Certification and conditions of certification are predicated upon design and performance criteria indicated in the application. Thus, conformance to those criteria, unless specifically amended, modified, or as the Department and parties are otherwise notified, is binding upon the applicants in the preparation, construction, and maintenance of the certified project. In those instances where a conflict occurs between the application's design criteria and the conditions of certification, the conditions shall prevail. NOISE To mitigate the effects of noise produced by the steam blowout of steam boiler tubes, the permittees shall conduct public awareness campaigns prior to such activities to forewarn the public of the estimated time and duration of the noise. The permittees shall comply with the applicable noise limitations specified in Environmental Protection Board Rules or The City of Jacksonville Noise Ordinance. USE OF RECLAIMED WATER AESCB The AESCB shall design the Cogeneration Facility so as to be capable of using reclaimed and treated domestic wastewater from the City of Jacksonville for use as cooling tower makeup water. Reclaimed water shall be utilized as soon as it becomes available. Ground water may be used only as a backup to the reclaimed water after that time. Before use of reclaimed water from the City by the permittee, it will be treated to a level suitable for use as cooling tower makeup water. Reclaimed water used in the AESCB cooling tower shall be disinfected prior to use. Disinfectant levels in the cooling tower makeup water shall be continuously monitored, prior to insertion in the cooling tower. The reclaimed water shall be treated so as to obtain no less than a 1.0 mg/liter free chlorine residual after fifteen (15) minutes contact time or its equivalent. Chlorination shall occur at a turbidity of 5 Nephlometric Turbidity Units (NTU) or less, unless a lesser degree of disinfection is approved by the Department upon demonstration of successful viral kill. Within 120 days following issuance of a modification to the City of Jacksonville's DER wastewater discharge permit allowing Jacksonville, as part of its comprehensive reuse plan, to supply reclaimed water to the Cedar Bay Cogeneration Project, AES Cedar Bay, Inc. shall submit a request for modification to DER for use of reclaimed water for cooling purposes, seeking to make any necessary modifications to their facility and the conditions of certification as may be necessary to allow use of reclaimed water. Its request shall include plans, technical analyses, and modelling needed to evaluate the environmental effects of the proposed modifications. Its request for modification shall also include a financial analysis of the costs of any necessary modifications to its facility, additional operating costs, and the financial impact of these additional costs on AES Cedar Bay, Inc. If DER requires data or analyses concerning the cogeneration facility or its operation, or its discharges or emissions in order to evaluate Jacksonville's application to modify its domestic wastewater discharge permit, AES will supply the necessary information in a timely fashion. The Secretary, as prescribed in Condition XXI, Modification of Conditions, may modify the conditions of certification contained herein as may be necessary to implement the use of reclaimed water. The use of reclaimed water shall be contingent upon a determination of it being financially practicable, and it meeting applicable environmental standards. Prior to any such action by the Secretary, the Secretary shall request and consider a report by the SJRWMD as to the request for modification for the use of reclaimed water by AES Cedar Bay, Inc. Possible Use of Reclaimed Water The use of reclaimed water as described above shall not be limited to cooling tower makeup. Reuse water, if available may be used for fugitive particulate emission control, washdown, and any other feasible use for non-potable water which would not require additional treatment. ENFORCEMENT The Secretary may take any and all lawful actions as he or she deems appropriate to enforce any condition of this certification. Any participating agency (federal, state, local) may take any and all lawful actions to enforce any condition of this certification that is based on the rules of that agency. Prior to initiating such action the agency head shall notify the Secretary of that agency's proposed action. BESD may initiate any and all lawful actions to enforce the conditions of this certification that are based on the Department's rules, after obtaining the Secretary's written permission to so process on behalf of the Department. ENDANGERED AND THREATENED SPECIES Prior to start of construction, AESCB shall survey the site for endangered and threatened species of animal and plant life. Plant species on the endangered or threatened list shall be transplanted to an appropriate area if practicable. Gopher Tortoises and any commensals on the rare or endangered species list shall be relocated after consultation with the Florida Game and Fresh Water Fish Commission. A relocation program, as approved by the FGFWFC, shall be followed. PETROLEUM STORAGE TANKS AES Cedar Bay shall provide clean-up of the #1 underground diesel fuel storage tank site, which is listed under the EDI program, in accordance with F.A.C. Chapter 17-770. AES shall complete an Initial Remedial Action (IRA) in accordance with Rule 17-770.300, F.A.C., prior to construction dewatering. DER and BESD will receive written notification ten working days prior to initiation of the IRA. AES shall determine the extent of contamination. AES Cedar Bay shall then design and install a pump and treatment system at the site, which will create a reverse hydraulic gradient that will prevent the further spread of the contamination by the dewatering operation. This plan shall be submitted to DER and BESD for approval, thirty days prior to the start of construction dewatering, and shall be implemented prior to commencement of the dewatering operation. Furthermore, AES Cedar Bay shall submit a Quality Assurance Report (CAR) and a Remedial Action plan (RAP), in accordance with a F.A.C. Chapter 17-770 to DER for approval with copies to BESD thirty days prior to the start of construction dewatering. AES Cedar Bay shall provide complete site rehabilitation in accordance with F.A.C Chapter 17-770. AES Cedar Bay shall develop a QAPP, CAR, and RAP as required and in accordance with Chapter 17-700, F.A.C. for the site listed in XXVIII, C and D below, and submit these plans to DER for approval with copies to BESD thirty days prior to the start of construction dewatering. Prior to construction dewatering, at the underground diesel fuel storage tank #2 site, AES Cedar Bay shall: Perform an IRA with F.A.C. Rule 17-770.300. Determine the extent of down gradient contamination and submit that information to BESD, and DER prior to installation of the well described in paragraph C.4 below. Establish a series of groundwater level monitoring wells at intervals of approximately 250 feet from the coal unloading site to the #2 tank for determination of the groundwater dewatering cone of influence. Daily groundwater levels shall be recorded for each of these wells during construction dewatering. A background well with a continuous water level recorder shall be installed, at a site that would not be influenced by the dewatering operations, to determine ambient conditions at the site. Install a monitoring well with a continuous water level recorder which will be used to trigger implementation of the RAP. The well will be located 150 feet down gradient from the boundary of the plume of contamination determined above in XXVII C.2. If the epiezometric head in the trigger well drops 6 inches below ambient conditions as compared to the background well, then AES Cedar Bay shall notify DER and BESD of a verified drop of 6 inches or more in the trigger well within three working days and the appropriate portion of the RAP shall be implemented by AES Cedar Bay. AES Cedar Bay shall submit a plan for the location and construction of the monitoring wells described above in paragraph C.3 and C.4 to DER and BESD for approval. AES Cedar Bay shall submit monthly reports of the groundwater level recordings to DER and BESD. Prior to construction dewatering, at each of the following tank sites: underground diesel fuel storage tank #3; underground #6 fuel oil shortage tank #5; above-ground #6 fuel oil storage tank #2: "pitch tank" located North of the lime kilns; AES Cedar Bay shall: Install 2 down gradient monitoring wells. AES Cedar Bay shall submit a plan for location and construction of these 8 wells to DER and BESD for approval. BESD shall have the opportunity to observe the construction of these wells. Sample the above reference wells for parameters listed in 17-770.600(8), F.A.C. In addition, AES Cedar Bay shall sample the monitoring wells at the above-ground tank sites for acetone and carbon disulfide. AES Cedar Bay shall split samples with BESD if BESD so requests and submit a report of the analytical results to DER and BESD within ten days of receipt of analysis by AES Cedar Bay. If contamination is found in the above reference wells in excess of the clean-up criteria referenced in 17- 770.730(5)(a)2., F.A.C., a QAPP, CAR and an RAP will be development and, DER and BESD shall be provide with that information prior to the installation of the well described in paragraph D.4 below. Install a trigger well with a continuous water level recorder which will be located 150 feet down gradient from the boundary of the plume of contamination determined above in XXVIII.D.3. If the piezometric head in the trigger well drops 6 inches below ambient conditions as compared to the background well then AES Cedar Bay shall notify DER and BESD of a verified drop of 6 inches or more in the trigger well within three working days and the appropriate portion of the RAP shall be implemented by AES Cedar Bay. AES Cedar Bay shall submit a plan for the location and construction of the monitoring wells described above in paragraph D.4, to DER and BESD for approval. AES Cedar bay shall submit monthly reports of the groundwater level recordings to DER and BESD. Implementation of the appropriate portion of the RAP shall commence within 14 days of the determination that the construction dewatering cone of depression will reach any of contaminated sites. AES Cedar Bay shall monitor the construction dewatering effluent from their treatment system, once a week during dewatering, for the following criteria: Benzene 1 ugle; Total VOA 40 ug/l Total Naphthalenes (Total-naphthalenes = methyl napthalenes) 100 ugle; and Total Residual Hydrcarbons 5 mg/l. If the concentrations of contaminants in the effluent rise above those in the above list, AES Cedar Bay shall take corrective actions to return concentrations to acceptable levels. If any disagreement arises regarding this condition, the parties agree to submit the matter for an expedited hearing to the DOAH and shall request assignment of the hearing officer who has heard the case, if possible, pursuant to 403.5064, F.S. The informal dispute resolution process shall be used. COPIES FURNISHED: Terry Cole, Esquire Scott Shirley, Esquire Oertel, Hoffman, Fernandez & Cole, P.A. 2700 Blairstone Road Suite C Tallahassee, FL 32301 Betsy Hewitt, Esquire Department of Environmental Regulation 2600 Blairstone Road Tallahassee, FL 32399-2400 Kathryn Mennella, Esquire St. Johns River Water Management District P.O. Box 1429 Palatka, FL 32178-1429 Richard L. Maguire, Esquire Towncentre, Suite 715 421 West Church Street Jacksonville, FL 32202 Katherine L. Funchess, Esquire Department of Community Affairs 2740 Centerview Drive Tallahassee, FL 32399-2100 William C. Bostwick, Esquire 1550-2 Hendricks Avenue Jacksonville, FL 32201 Daniel H. Thompson General Counsel Department of Environmental Regulation 2600 Blair Stone Road Tallahassee, FL 32399-2400 Dale H. Twachtmann, Secretary Department of Environmental Regulation 2600 Blair Stone Road Tallahassee, FL 32399-2400 =================================================================
