ML071300272

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Ltr. from Advisory Council on Historic Preservation to R. Franovich (NRC) Shearon Harris Nuclear Power Plant License Renewal Application Review
ML071300272
Person / Time
Site: Harris Duke Energy icon.png
Issue date: 05/02/2007
From: Vaughn C
US Advisory Council On Historic Preservation
To: Rani Franovich
NRC/NRR/ADRO/DLR/REBB
References
Download: ML071300272 (2)


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Preserving America's Heritage May 2, 2007 Ms. Rani Franovich Branch Chief, Environmental Branch B Division of License Renewal Office of Nuclear Reactor Regulation U.S. Nuclear Regulatory Commission Washington, DC 20555-0001 REF:

Notification pursuant to 36 CFR 800.8(c)

Proposed Shearon Harris Nuclear Power Plant License Renewal Wake County, North Carolina

Dear Ms. Franovich:

On April 23, 2007, the Advisory Council on Historic Preservation (ACHP) received notification from the Nuclear Regulatory Commission (NRC) pursuant to Section 800.8(c) of the ACHP's regulations, "Protection of Historic Properties" (36 CFR 800). We appreciate receiving your notification, which establishes that NRC will use the process and documentation required for the preparation of a site-specific Supplemental Environmental Impact Statement (SEIS) to comply with Section 106 of the National Historic Preservation Act in lieu of the procedures set forth in 36 CFR 800.3 through 800.6.

In addition to notification to the ACHP, the NRC must also notify the North Carolina State Historic Preservation Officer. In addition, the NRC must meet the standards set forth in Section 800.8(c)(1)(i) through (v) for the following actions required as part of the Section 106 review process:

Identify consulting parties; Involve the public; Identify historic properties and assessing the undertaking's effects on historic properties; and Consult regarding the effects of the undertaking on historic properties with the SHPO/THIPO, Indian tribes and Native Hawaiian organizations that might attach religious and cultural significance to affected historic properties, other consulting parties, and the ACHP, where appropriate, during NEPA scoping, environmental analysis, and the preparation of NEPA documents.

ADVISORY COUNCIL ON HISTORIC PRESERVATION 1100 Pennsylvania Avenue NW, Suite 809 9 Washington, DC 20004 Phone: 202-606-8503 9 Fax: 202-606-8647 e achp@achp.gov e www.achp.gov To meet the requirement to consult with the ACHP as appropriate, the NRC should notify the ACHP in the event the NRC determines, in consultation with the SHPO/THPO and other consulting parties, that the proposed undertaking(s) may adversely affect properties listed, or eligible for listing, on the National Register of Historic Places (historic properties). In addition, Section 800.8(c)(2)(i) requires that you submit to the ACHP any SEIS you prepare. Inclusion of your adverse effect determination in both the SEIS and in your cover letter transmitting the SEIS to the ACHP will help ensure a timely response from the ACHP regarding its decision to participate in consultation. Please indicate in your cover letter the schedule for Section 106 consultation and a date by which you require a response by the ACHP. The ACHP's decision to review the SEIS will be based on the applicability of the criteria in Appendix A of the ACHP's regulations.

In the case of an objection from the ACHP or another consulting party, Sections 800.8(c)(2)(ii) and (c)(3) provide for ACHP review of an EIS to determine whether preparation of the EIS has met the standards set forth in Section 800.8(c)(1) and/or to evaluate whether the substantive resolution of the effects on historic properties proposed in an EIS is adequate.

Thank you for your notification pursuant to Section 800.8(c). If you have any questions or if we may be of assistance, please contact Martha Catlin at 202-606-8529 or via e-mail at mcatlin@achp.gov.

Sincerely, Charlene Dwin Vaughn Assistant Director Office of Federal Agency Programs