ML19344E927
| ML19344E927 | |
| Person / Time | |
|---|---|
| Site: | River Bend  |
| Issue date: | 08/21/1980 |
| From: | Tedesco R Office of Nuclear Reactor Regulation |
| To: | Draper E GULF STATES UTILITIES CO. |
| References | |
| NUDOCS 8009120113 | |
| Download: ML19344E927 (3) | |
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'o, UNITED STATES 8
NUCLEAR REGULATORY COMMISSION g
r WASHINGTON, D. C. 20555 o
8 AUG 21 1930 Docket Nos.: 50-458/459 POOR QUALITY PAGES
.6.
Dr. E. Linn Draper, Jr.
Vice President - Technology Gulf States Utilities Company P. O. Box 2951 g
Beaumont, Texas 77704
Dear Dr. Draper:
SUBJECT:
MEMORANDUM OF AGREEMENT FOR PROPOSED TRANSMISSION LINE AND EXPANDED CORRIDOR THROUGH PORT HUDSON NATIONAL HISTORIC LANDMARK Enclosed is the Memorandum of Agreement which became final on August 11 1980 and which reflects our agreement with the Advisory Council on Historic Preservation and the Louisiara State Historic Preservation Officer regard-ing mitigation or avoidance of adverse effects of the proposed transmission line and expanded corridor through the Port Hudson National Historic Land-mark, Louisiana, for River Bend Nuclear Station, Units 1 and 2.
The enclosed agreement was entered into pursuant to Section 106 of tha National 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 Council ~
on Historic Preservation, " Protection of Historic and Cultural Properties" (36 CFR Part 800).
Please acknowledge receipt of this Agreement and certify your acceptance of the " Stipulations" therein on behalf of Gulf States Utilities Company. The Stipulations to be accepted by you should include those concerning construc-tion conditions as well as those which provide for timely reporting and notifications to signatories to the Agreement as necessary for proper execution of the terms of the Agreement. To this end, we request that you forward a letter to us containing at least the following:
1.
That Gulf States Utilities Company will comply with and be bound by the " Stipulations" specified in the Memorandum of Agreement.
2.
That in addition to the Stipulations directed to construction activities, l
Gulf States Utilities Company also recognizes its obligation to provide
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timely reporting and notifications to the signatories of the Agreement as necessary to provide for proper and timely execution of its terms.
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8009120113
Dr. E. Linn Draper, Jr.
2-AUG 211980 3.
That you understand that failure to carry out the terms of this Agreement, whether on the part of Gulf States Utilities Company, its agents or contractors, will require the NRC to again re comments of the Advisory Council on Historic Preservation (quest thethe Council) in accordance with 36 CFR Part 800.
4.
That any failure on the part of Gulf States Utilities Company to carry out the terms of the Agreement shall be reported promptly by you to the NRC Office of Inspection and Enforcement, Region IV, and to the other signatories of the Agr,eement.
.e 5.
That in the event the terms of the Agreement are not carried out by you, and pending resolution of the matter, Gulf States Utilities Company will not take or authorize any action or make any irreversible commitment that would result in any adverse effect with respect to National register of eligible properties covered by the Agreement, or would foreclose the Council's consideration of modifications or alter-natives to the construction of the 230 kv transmission line and the expansion of the existing corridor for the River Bend Nuclear Station, Units 1 and ?
6.
That Faif States Utilities Company will provide to the NRC, withi.i 60 days af completion of construction actions, a written report on the actions taken to fulfill the terms of the Agreement.
Your prompt attention to.this matter is appreciated. Please contact us if you have questions on this matter.
Sincerely, c h A<c R. L. Tedesco, Assistant Director Division of Licensing
Enclosure:
As stated cc: See next page e
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yn.,
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cc: Troy B. Conner, Jr., Esq.
Mr. Robert B. DeBlieux Conner, Moore & Corber State Historic Preservation Officer 1747 Pennsylvania Avenue, N. W.
P. O. Box 44247 Washington, D. C.
20006 Baton Rouge, Lcuisiana 7C804 Mr. J. E. Booker, Safety & Licer. sing Gulf States Utilities Company P. O. Box 2951 Beaumont, Texas 77704 Stanley Plettman, Esq.
Orgain, Bell & Tucker i
Beaumont Savings Building sV' Beaumont, Texas 77701
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Karin P. Sheldon, Esq.
Sheldon, Harmon & Weiss
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1725 I Street, N. W.
Washington, D. C.
20006 William J. Guste, Jr., Esq.
Attorney General State of Louisiana P. O. Bcx 44005 State Capitol Baton Rouge, Louisiana 70804 Richard M. Troy, Jr., Esq.
Assistant Attorney General in Charge State of Louisiana Department of Justice 234 Loyola Avenue New Orleans, Louisiana 70112 Mr. Thomas F. King, Director Office of Cultural Resource Preservation Advisory Council on Historic Preservation 1522 X Street, N. W.
Washington, D. C.
20005 Miss Ann R. Jones, Director Division of Archaeology and Historic Preservation Department of Culture, Recreation and Tourism P. O. Box 44247 Baton Rouge, Louisiana 70804 Mr. Robert R. Garvey, Jr.
Executive Director Advisory Council on Historic Preservation 1522 K Street, N. W.
Washington, D. C.
20005
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<l Advisory
~ Council On Historic Preservation 1522 K Street. NW Washington. DC 2000$
MEMORANDUM CF AGEE.'.$NT kW.EAS, the Nuclear Regulatory Co=missica (NRC) proposes to permit the proposed construction of a 230kV transmission line and to expand an existing corridor for River Bend Nuclear Station Units 1 and 2; and,
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kEEREAS, NRC, in consultation with the Louisiana State Historic Preservation Cfficer (SKPO), has determined that this undertaking as proposed would have an adverse effect upon Port Hudson National Historic Landmark, a property included in thc National Register of Historic Places; and, kEEREAS, pursuant to Section 106 of the National Historic Preservation Act of 1966 (16 U.S.C. Sec. 470f, as a= ended, 90 Stat. 1320) add Section 800.4(d) of the regulations of the Advisory Council on Historic Preservation (Council), " Protection of Historic and Cultural Properties" (36 CFR Part 800), NRC has requested the co==ents of the Council; and, kEE?IAS, pursuant to Section 800.6 of the Council's regulations, representatives of the Council, NRC and the Louisiana SHP0 have consulted and reviewed the undertaking to consider feasible and prudent alternatives to avoid or satisfactorily mitigate the adverse effect; NOW, THEREFORE, it is mutually agreed that the undertaking will be i=ple=ented in accordance with the following stipulations to avoid or satisfactorily mitigate adverse effects on the above-=e=tioned property; Stipulations HEC will ensure that the following measures are carried out.
1.
Within the precepts of sound engineering principles, design consider-ations for the placement of the support towers within the expanded corridor will attempt to achieve =a::imum distance between the Civil War breastworks and the individual towers. Minimum distance between any construction activities and sites 3 through 7 will be at less. 25 feet.
2.
Specifically, the construction progrs= will require the following measures:
No bull dozing or heavy equip =ent will be allowed within 25 feet a.
of any breastworks, nor will any structural foundations be located within this 25 foot area. Further= ore, this area will be flagged prior to clearing and all clearing withis the flagged area will be by hand-operated equip =ent such as chain saws.
All trees will be cut 12" above grade and felled trees will be dragged from the e6 mow
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.g iage 2 M:02randum of Agrasm:nt Nuclear Regulatory Commission River Bend Nuclear Station area for disposal. To prevent a " plowing effect", felled trees with a diameter of 6 inches or more will be cut into sections 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 and 300 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 disturbances within close proximity of sites 3 through 7, as well as any subsurface terrain alteration occurring'within the limits of the Landmark, will be monitored by a professional archeologist.
If any artifacts op\\ potential artifacts are discovered within the c.
Port Hudson Battlefield National Historic Landmark boundaries, clearing or construction activities will be stopped within a 25 foot radius of the find until the SHP0 has been notified and his approval to resume activities within that radius has been given.
3.
The existing access / service roadway will be utilized for construction of the new transmission line and its-right-of-way whenever possible.
If a new access roadway must be established, the SHP0 shall be notified prior to creating the roadway. NRC will ensure that representatives of the utility company and the SHP0 or his staff will confer regarding the necessary steps, if.any, to prevent or minimize additional adversity against cultural resources which may be present.
Construction of the new access roadway will not commence until clearance is provided by the SRPO.
If the SEPO and the utility company representative cannot come to an agreement regarding avoidance or mitigation 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 the Agreement, it shall not take or sanction any action or make any irreversible co=mitment that would result in an adverse effect with respect to National Register of eligibl.e properties covered by the Agreement or would foreclose the i
Council's consideration of modifications or alternatives to the construc-tion of the 230kV transmission line and the expansion of the existing i
corridor for River Bend Nuclear Station Units 1 and 2.
l l
S.
If any of the signatories to this Agreement determine that the terms of the Agreement cannot be met or believes a change is necessary, that signatory shall immediately request the consulting parties to consider an amendment or addendum to the Agreement.
Such an amendment or addendum shall be executed in the same manner as the original Agreement.
6.
Within 90 days after carrying out the terms of the Agreement, NRC shall provide a written report to all signatories to the Agreement on the actions taken to fulfill the terms of the Agreement.
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hemorandum of Agreem:nt
' Nuclear Regulatory Commission Rivar Band Nuclear Station l i 21( 7 )
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Advisory Council on His;orip Pre {p/
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Louisiana State. Historic Preservation /
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