ML19284A701

Fes Incomplete Until Requirements of Natl Historic Preservation Act of 1966 Section 106 Are Met

ML19284A701
Person / Time
Site:	Green County
Issue date:	03/12/1979
From:	Utley R ADVISORY COUNCIL ON HISTORIC PRESERVATION
To:	Regan W Office of Nuclear Reactor Regulation
References
NUDOCS 7903150218
Download: ML19284A701 (2)

Text

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.. Advisory Council On

.- Historic Preservation 1522 K Street NW.

Washington D.C.

20005 March 12, 1979 Mr. William 11. Regan, Jr.

Chief, Environmental Projects Branch 2

' Division of Site Safety and Environmental Analysis

, U.S. Nuclear Regulatory Commission Washington, D.C. 20555

Dear Mr. Regan :

This is in response to your request of February 9, 1979, for Council review of the Final Environmental Impact Statement (FEIS) for the Greene County Nuclear Power Plant, Greene County, New York. Pursuant to Section 102 of the National Environmental Policy Act of 1969, and implementing regulations to CFR Part 1500, Appendix II, which lists the Council as a Federal agency with special expertise or jurisdiction by law to comment on environmental impact statements, we have reviewed this decument.

We believe that the final environmental impact statement presents a well conceived, thorough investigation of the potential effect of locating the facility in Cementon, New York, a location that would intrude into the visual setting of Olana. Olana, a New York State owned historic site, is a property included in the National Register of Ilistoric Places.

We are concerned,however, that the Nuclear Regulation Connaission and its staf f have not as yet taken steps to comply with the provisions in Section 106 of the National llistoric Preservation Act of 1966 and the Council's implementing regulations which are binding on all Federal agencies. Pursuant to Section 106, Federal agencies must, prior to the approval of the expenditure of any Federal funds or prior to the granting of any license, permit, or other approval for an undertaking, afford the Council an opportunity to comment on the effect of the undertaking on properties included in or eligible for inclusion in the National Register of Historic Places. A copy of the Council's regulations for the " Protection of Historic and Cultural Properties" (36 CFR Part 800) is enclosed.

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We also note that it appears that the internal regulations of the NRC, Section 2.5.3, Socioeconomics: Historic and Archeological Sites and Natural Landmarks, in Part I of the Environmental Standard Review Plans for the Environmental Review of Construction Permit Applications for Nuclear Power Plans, have not as yet been com-plied with.

Until the requirements of Section 106 and the implementing regu-lations are met, the Council considers the FEIS incomplete in its treatment of historical, archeological, architectural and cultural resources. The staff position of the NRC staff pre-sented in the FEIS appears to be an appropriate beginning on which to initiate discussions concerning the procesring of this CaSO.

As you are aware, 01ana has been designated by the Secretary of the Interior as a National Historic Landmark. Its significance in the history of American art and architecture is thus national in scope, and the preservation of the character of its 19th-century setting merits considerable attention. We look forward to providing substantive comments to the NRC on the effect of the undertaking on the property. Please contact Ms. Amy Schlage1 of the staff of the Eastern Office of Review and Compliance to assist you in completing this process.

The Council recently published amended regulations which became effective March 1, 1979. In order to facilitate agency compliance, the regulations provide an opportunity for agencies to develop counterpart regulations tailored to the needs of their own programs. You may wish to explore the possibility of using your present procedures as a basis for counterpart regulations which could meet the requirements of the Council regulations for future NRC undertakings. If you desire to discuss this matter, please contact Peter H. Smith, Acting Director, Office of Intergovern-mental Programs and Planning.

S'icerel I l l7bi c [j-Rober M. Utley Deputy Executive Director Enclosures