Permitting & Compliance

The 2004 Nationwide Programmatic Agreement (NPA) for Review of Effects on Historic Properties for Certain Undertakings Approved by the Federal Communications Commission (FCC NPA) requires that applicants for an FCC permit comply with Section 106 of the National Historic Preservation Act (NHPA). ACS assists applicants with compliance by preparing Class I cultural resource literature reviews for proposed cell and radio tower facilities, assessing direct and visual impacts to cultural resources that are eligible for or listed on the National Register of Historic Places. ACS has conducted numerous cell tower projects for various clients throughout Arizona. A recent project involved assessing a location near four National Register historic districts in the Tucson market; the assessment concluded the monopalm would not introduce an additional visual impact to the historic resources. ACS can also assist with the preparation of the Form 620 (new tower) or 621 (collocation).

From mid-2003 to early 2004, ACS helped Arizona Public Service Company (APS) track, investigate, and review permit issues with the Bureau of Reclamation, the U.S. Environmental Protection Agency (EPA), and the Arizona Department of Environmental Quality (ADEQ) regarding cooling water blowdown discharges from the APS Yucca Power Plant to the Main Outlet Drain Extension (MODE) Canal near Yuma, Arizona. Reclamation’s proposed change to their MODE Canal maintenance procedure included a plan to discharge MODE water to the Colorado River, which required Reclamation to seek a National Pollutant Discharge Elimination System (NPDES) permit for their discharges. As a result, APS’ discharge to the MODE Canal would also be subject to NPDES permit requirements. APS was able to negotiate an agreement with Reclamation whereby APS would not need to obtain an NPDES permit if APS ceased its discharges to the MODE from a period shortly before the MODE was taken out of service for maintenance until the MODE was once again back in service.

Between 2000 and 2003, ACS was responsible for four different Aquifer Protection Permit (APP) submittals in support of the design and construction of additional generating capacity at the APS/Pinnacle West Energy West Phoenix Power Plant in Phoenix, Arizona. Projects included the submittal of a Clean Closure Application for an abandoned borrow pit and spray pond at Units 1, 2, and 3; complete APP applications for Combined Cycle Units 4 and 5; and an APP Significant Amendment application for Combined Cycle Unit 5. Permitted facilities included brine concentrator ponds, a brine solids drying area, surge ponds, and ancillary equipment. ACS’ responsibilities included: research and writing of all of the sections of the applications/submittals except the hydrology sections which were compiled from previous reports; acting as a liaison with the project engineering contractor and review and compilation of the engineering information required for the Best Available Demonstrated Control Technology (BADCT) sections of the applications; compilation and writing of the technical (substantive) review responses to ADEQ; and interactions with the Arizona Department of Environmental Quality (ADEQ) on behalf of the client.

ACS is currently providing regulatory and technical review services to EEC for completion of the Aquifer Protection Permit (APP) for the Water Treatment Plant (WTP) for Resolution Copper Company’s Magma Mine in Superior, Arizona. A Type 3.02 General Permit was authorized by the Arizona Department of Environmental Quality (ADEQ) for the WTP. However, because the WTP will discharge to a Water of the United States (U.S.), which is a type of categorical discharging facility under Arizona Revised Statutes Title 49, an individual APP is required for the discharge point (Outfall 002) to Queen Creek. Resolution requested and was granted expedited processing for the APP amendments under the Arizona Department of Environmental Quality’s (ADEQ’s) expedited APP program. EEC was the prime contractor selected by ADEQ to review Resolution’s application and write the permit. ACS is participating in all phases of the project including project meetings with EEC, ADEQ, and Resolution personnel. ACS’ tasks for the project to date have included a regulatory, hydrogeology, and BADCT review of a preliminary application. Because the discharge to Queen Creek is linear, issues regarding a Discharge Impact Area (DIA), Pollutant Management Area (PMA), and placement of sentential wells and a Point of Compliance (POC) present unique challenges to the permitting process. Working on the Expedited APP Program requires an in-depth knowledge of the APP statutes, regulations, and permit process and inherent to the Program is the requirement that all phases of application and permit processing must be completed with strict adherence to ADEQ’s Licensing Time Frame (LTF) regulations. This project originally ran from 2006 to 2007 and was cancelled when Resolution opted out of the Expedited program. The project started up again in late 2008 when Resolution re-entered the Expedited program and is still in process.

In 2001, ACS completed three different projects related to the construction and operation of the Redhawk Makeup Pipeline. The Redhawk Makeup Pipeline carries treated effluent from the Palo Verde Nuclear Generating Station (PVNGS) Reservoir to the Redhawk Combined Cycle Power Plant Makeup Water Surge Pond approximately 4.5 miles to the south. Initially, ACS completed a Clean Water Act (CWA) Section 404 determination for the pipeline route. Based on a jurisdictional delineation (JD) of the East Wash and a review of Section 404 regulations, ACS determined that Nationwide Permit (NWP) 12 covered the construction and operation of the pipeline and that an individual permit from the U.S. Army Corps of Engineers (the Corps) was not required. ACS also determined that CWA Section 401 Certification had been pre-certified for NWP 12 by the Arizona Department of Environmental Quality (ADEQ). ACS also provided PVNGS with 404-related information to include in the pipeline’s operations and maintenance plan. Also prior to construction, ACS worked with PVNGS engineering and environmental personnel to write contract specifications for the Storm Water Pollution Prevention Plan (SWPPP) required for pipeline construction. ACS also reviewed the construction company’s SWPPP for regulatory accuracy, workability, and adherence to PVNGS site environmental requirements. Shortly after the pipeline was completed, an Arizona Summer Monsoon event caused high flow conditions in the East Wash that resulted in significant scour around the pipeline. Although the pipeline was not damaged by the flow event, PVNGS engineers determined that protection for the pipeline was necessary in the event of additional high flow events in the East Wash. Based on information obtained by ACS as part of the Section 404 determination for pipeline construction, ACS determined that Nationwide Permit (NWP) 43 covered the construction of the stormwater management facility that PVNGS intended to construct to protect the pipeline. ACS also determined that CWA Section 401 Certification had been pre-certified for NWP 43 by ADEQ. ACS completed the work for the Redhawk Makeup Pipeline simultaneously with out work on the Aquifer Protection Permit (APP) for the Redhawk Combined Cycle Power Plant.