[Code of Federal Regulations]
[Title 18, Volume 2, Parts 400 to end]
[Revised as of April 1, 2000]
From the U.S. Government Printing Office via GPO Access
[CITE: 18CFR1304.103]

[Page 167-168]
 
                CHAPTER XIII--TENNESSEE VALLEY AUTHORITY
 
PART 1304--APPROVAL OF CONSTRUCTION IN THE TENNESSEE RIVER SYSTEM AND REGULATION OF STRUCTURES--Table of Contents
 
                   Subpart B--Approval of Construction
 
Sec. 1304.103  Contents of application.

    (a) Each application must be accompanied by five (5) complete sets 
of plans for the construction, operation, and maintenance of the 
proposed structure. The application shall be prepared according to 
``Instructions for Preparing an Application for an Approval of Plans for 
Proposed Structures Under

[[Page 168]]

section 26a of the Tennessee Valley Authority Act.'' These instructions 
require that the application include, among other things:
    (1) Accurate maps showing the exact location where the structure is 
proposed to be built, moored, or installed;
    (2) Plans, including layout, in scale, of the proposed structure;
    (3) Statements of the plans formulated for the maintenance and 
operation of the structure when completed;
    (4) Sufficient information to describe adequately all of the 
persons, corporations, organizations, agencies, or others who propose to 
construct, own, and operate such structure; and
    (5) A report of the anticipated environmental consequences resulting 
from the construction, operation, and maintenance of the proposed 
structure. This report of anticipated environmental consequences shall 
include a discussion of:
    (i) The probable impact of the proposed structure on the 
environment;
    (ii) Any probable adverse environmental consequences which cannot be 
avoided;
    (iii) Alternatives to the proposed structure;
    (iv) The relationship betweeen the local short-term uses of the 
environment and the maintenance of long-term productivity which will 
result from the proposed structure; and
    (v) Any irreversible or irretrievable commitments of resources which 
would be involved by virtue of the proposed structure.
    (b) If construction, maintenance, or operation of the proposed 
structure or any part thereof, or the conduct of the activity in 
connection with which approval is sought, may result in any discharge 
into navigable waters of the United States, applicant shall also submit 
with the application, in addition to the material required by paragraph 
(a) of this section, a certification from the State in which such 
discharge would originate, or, if appropriate, from the interstate water 
pollution control agency having jurisdiction over the navigable waters 
at the point where the discharge would originate, or from the 
Environmental Protection Agency, that such State or interstate agency or 
the Environmental Protection Agency has determined after public notice 
of applicant's proposal that there is reasonable assurance that 
applicant's proposed activity will be conducted in a manner which will 
not violate applicable water quality standards. If construction or 
operation of the proposed structure will affect water quality but is not 
subject to any applicable water quality standards, applicant shall 
submit a written statement to that effect by such State, interstate 
agency, or the Environmental Protection Agency. The applicant shall 
further submit such supplemental and additional information as TVA may 
deem necessary for the review of the application, including, without 
limitation, information concerning the amounts, chemical makeup, 
temperature differentials, type and quantity of suspended solids, and 
proposed treatment plans for any proposed discharges.
    (c) Detailed information concerning contents of applications, kinds 
and amounts of information required to be submitted for specific 
structures, and instructions are available at the address specified in 
Sec. 1304.102 or from the Manager of Properties, Division of Land and 
Forest Resources, Tennessee Valley Authority, at one of the following 
district offices:

(1) Western District, Post Office Box 280, Paris, Tenn. 38242 (office 
location: 202 West Blythe Street).
(2) Southern District, 601 First Federal Building, Muscle Shoals, Ala. 
35660 (office location: 102 South Court Street, Florence).
(3) Central District, Post Office Box 606, Athens, Tenn. 37303 (office 
location: 110 Congress Parkway).
(4) Eastern District, 2611 West Andrew Johnson Highway, Morristown, 
Tenn. 37814.

[42 FR 65147, Dec. 30, 1977, as amended at 44 FR 23066, Apr. 18, 1979. 
Redesignated at 44 FR 30682, May 29, 1979]