ML19330B455

Forwards Partially Executed Memorandum of Agreement Between Advisory Council on Historic Preservation,Nrc & State of La Re Proposed Transmission Line & Expanded Corridor on Port Hudson Natl Historic Landmark,La.Requests Signature

ML19330B455
Person / Time
Site:	River Bend
Issue date:	07/30/1980
From:	King T ADVISORY COUNCIL ON HISTORIC PRESERVATION
To:	Regan W Office of Nuclear Reactor Regulation
References
NUDOCS 8008040043
Download: ML19330B455 (4)

Text

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' f ./ dvicery 3;uncil Cn' e ictcric h, , h { { g k .

Precorvation

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1522 K Street. NW Weliington. DC 20005

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Mr. William H. Regan, Jr.

Chief, Siting Analysis Branch Division of Engineering

'incicar Regulatory Commission Washington, D.C. 20555

Dear Mr. Regan:

l'oclosed is the Memorandun of Agreement reflecting the agreement to mitigate or avoid the adverse effects of the proposed transmission line and expanded corridor, River Bend Nuclear Station t' nits 1 and 2, on Port Hudson National

!!istoric Landnark, Louisiana, reached by the consulting parties.

Please sign and date this Agreenent and forward it to Mr. Robert Delllieux, l.outsiana State Historic Preservation Of ficer, for his dated signature.

Therea f ter, it must be returned to the Council's Washington office for ratification by the Chairman. The Agreement will become final 30 days a f ter receipt by the Chairman or earlier.

The ratified Memorandum of Agreement will constitute the Council's comments in accordance with Section 800.6(c)(3) and completes the Nucicar Regulatory Cor.unission's responsibilities under Section 106 of the National Historic

!' reservation Act and the Council's regulations.

Thank you for your cooperation.

Sincerel, 7 #

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Ahomas F. King Director, Office of Cultural Resource Preservation 1:nclosure Qo*Y q\

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Mvicory Council On E'iciaric Preservation t522 K Street. NW Washington. I)C 200n5 '

MEMORANDl!M OF AGRI:1:;1ENT WilEREAS, the Nuclear Regulatory .commi:.c ion (NRC) proposes to permit the proposed construction of a 230kV transmit.sion line and to expand an existing corridor for River Bend Nuclear Stat ion linits 1 and 2; and, WHEREAS, NRC, in consultation with tin- Louisiana State liist.oric Preservation

Officer (SIIPO), has determined that this undertaking as proposed would have an adverse ef fect upon Port Hudson National !!ist oric Landmark, a property included in the National Register of Historic places; and, WilEREAS, pursuant to Section 106 of the Nat ional Historic Preservation Act of 1966 (16 U.S.C. Sec. 470f, as amended, 90 Stat. 1320) and Section 800.4(d) of the regulations of the Advisory Conneil on !!istoric Preservation (Council), " Protection of Historic and Cult ural Propert.ics" (36 CFR Part 800), NRC has requested the comments of t he Conneil; and, WilEREAS, pursuant to Section S00.6 ot~ the Council's regulations, representatives of the Council, NRC and t he Lenisiana SHP0 have consulted and reviewed the undertaking to consider leasible and prudent alternatives I

to avoid or satisfactorily mitigate the .alverse ef fect; ',

j NOW, THEREFORE, it is mutually agreed that the undertaking will be implemented in accordance with the following stipulations to avoid or i s. tisfactorily mitigate adverse ef fects on t he above-mentioned property; Stipulations N1:C will ensure that the following aicasures are carried out.

1. Within the precepts of sound. engineering piinciples, design consider-at ions for the placement of the suppoi t tei.crs within the expanded -

corridor will at tempt to achieve maxirmm dintance between the Civil War breastwerks and the individual towei . Plinimum distance between any const ruction activities and sitet. -t through 7 will be at least 25 feet.

2. Specifically, the construction progr.nn will require the following mea su res :

a. -No bull dozing or heavy equipment will_ be allowed wit hin 25 feet -

of any breastworks,. not wil1 -any .t ru. : nral foundatiens be -Iccated within' this 25 foot area. Furt hei moi e , this area will be flagged

. prior to clearing and all clearing wit hin the flagged area will be by hand-operated equipment :a n h at .hain saws. All trees will be cut 12" above grade and felled tice: will be dragged from the y -

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prage 2

.Iemorand=i of ~ A);reemen t

uclea r E,i ugla t o ry C..mm e nn ion River Bend Sm lear Stat inn.

area for dislussal. To prevent a " plowing cifect", felled trees with a' diameter of 6. inches or more will be cut int o sect ions prior to being dragged from the area.

b. A professional archeologist will be present to monitor all clearing and construction activities between 1200 feet north an.! 100 feet south of' site #3; between 650 north of site #6 and 1600 feet southeast of site #4; and between 450- feet north and 450 feet south of site #7. Subsurface disturbance:. within close proximity of sites 3 through 7, as well as any subsurface terrain alteration

, occurring within the limits of the I.andmark, will be monitored by a professional archeologist.

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~c. If any artifacts or potential artifacts are discovered with_ a the Port liudson Battlefield National Historic 1.andmark boundaries, cicaring or construction activities will be stopped within a 25 foot radius of the find until the SilPO has been notified and his approval to resume activities within t hat radius has been given.

3. ' The existing access / service roadway will be ut iiized for com.t ruction of the new transmission line and its right-of-way whenever possible.

If a new access roadway must be established, the SilPO shall be notified prior to creat ing the roadway. NRC will ensure that representatives of the utility company and the SHP0 or his stall will confer regarding the necessary steps, if any, to prevent or minimize additional adversity against cuitural resources which may be present . Construction of the new access roadway will not commence'until clearance is provided by

. the S!!PO. If the SilPO and the utility. company s cpresentative cannot come to an agreement regarding avoidance or mit ination of adversity on any cultural resources, NRC will request the Council's comments in the matter.

4. Failure to carry out the terms of this Agreement requires that the NRC again. request the Council's comments in accordance with 36 CFR Part 800. If the NRC cannot carry out the terms of t he Agreement, it shall not take or sanction any action or make any frieversible commitment that would result in an adverse effect with respect to National Register of _ eligible propert ies covered by the Agreement or would foreclose the Council's considerat ion of modifications or alt ernat ives to t he construc-

t. ion of the 230kV t ransmission line and the expansion of the. existing corridor for River llend Nuclear Station Units I and 2.

5. If any of the signatories to this Agree:..ent det ei mine t hat t he terms of the Agreenient cannot be met or believes a t hange is necessary, that signatory shall immediately request the consult ing part ies to consider an amendment or addendum .to the Agreement . Su.h an amendment or

-addendum shall be executed in the-same manner as the original Agreement.

6. Within no days ~after carrying out the terms of the Agicement. NRC ,

shall provide a urit ten' report to all signat ories to t he Agin ment on I t he act ieris t aken to ful fill the terms of the Agreement.

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