ML20003B271
| ML20003B271 | |
| Person / Time | |
|---|---|
| Site: | Callaway  |
| Issue date: | 02/05/1981 |
| From: | Czarnowski K INTERIOR, DEPT. OF |
| To: | Youngblood B Office of Nuclear Reactor Regulation |
| References | |
| NUDOCS 8102100575 | |
| Download: ML20003B271 (10) | |
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IIERITAGE CONSERVATION AND RECREATION SERVICE MID-CONTINENT REGION
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FEB 5 h31 B. J. Youngblood, Chief Licensing Branch U. S. ::uclear Regulatory Commission Washington, D. C.
20555
Dear Mr. Youngblood:
In resrense to your letter of December 1, 1980, requesting comments pursuant to the Presidential Directive of August 2, 1979, we offer the following :
(1) The Council on Environmental Quality prepared a memorandum for heads of agencies to assist them in meeting responsibilitics under the President's directive. A copy of the memorandum, dated August.10,
- 1980, and published in the Federal Register September 8, 1980, As enclosed.
(2) The Gasconade River has been included in its entirety in the first
?!ationwide River Inventory listing and is thus subject to the guidelines included in the aforementioned memorandum.
While a new transmission line paralleling an existing one would not necessarily require consultation with HCRS if i* crossed an inventory stream, it is the responsibility of the action or' licensing agency to determine if the proposal would have an adverse effect. Adverse effect, in this case, would be related to the relative scale of the existing and planned transmission lines. If your agency determines that there would be an adverse effect, and if it could preclude inclusion of the stream in the !!ational Wild and Scenic Rivers System or alter its potential l
l classification within it, */ou should then contact us for further consulta-tion.
Sincerely, l
[wI M* M -
Kenneth J. Czarnowski
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Manager, Heritage Resources Coo)
S Enclosure
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- 4 EXECUTIVE OFFICE OF THE PftESIDENT COUNCIL ON ENVIRON M ENTAL QU AUTy 722 JA0x50N #t. ACE. N w mWN370N D C 20004 August 10, 1980 MEMORANDUM FOR HEADS OF AGENCIES
SUBJECT:
Interagency Consultation to Avoid or Mitigate Adverse Effects on Rivers in the Nationwide Inventory In his second Message on the Environmen t, issued in August 1979, the President underscored the need to strengthen the National Wild and Scenic Rivers System and to take particular care not to harm rivers which may qualify for inclusion in the System.
The President issued a directive on August 2, 1979 in conjunction with his Message which required that:
"Each Federal agency shall, as part of its normal planning and environmental review process, take cate to avoid or mitigate adverse effects on rivers identified in the Nationwide Inventory prepared by the Heritage Conservation and Recreation Service in the Department of the Interior.
Agencies shall, as part of their normal environmental review process, consult with the Heritage Conservation and Recreation Service prior to taking sctions which could effectively foreclose wild,
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scenic, or recreational river status on rivers in the Inventory."
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This memorandum is intended to assist your agency in l
meeting its responsibilities under the President's directive.
A brief set of procedures is attached which provides gu!: lance on how to integrate these responsibilities with your nornal environmental analysis process under the National Envircnmental 1
Policy Act (NEPA).
The objective is to ensure that the l
Presid<at's directive is met promptly and efficiently.
1 Development along our rivers continues to outpace our ability to protect those rivers that might qualify for designation in the National Wild and Scenic Rivers System.
l The Heritage Conservation and Recreation Service (HCRS) in the Department of the Interior has been preparing a Nationwide after preliminary review, Inventory of river segments that, appeartoqualifyforinclusionintheSystem.
It is therefore essential that federal agencies proceed carefully
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_2 and li=it any adverse effects of their actions on rivers identified in the Nationwide Inventory.
Otherwise, the Inventory could be depleted before the identified rivers can 1
fully assessed to determine the desirability of including the= as ce=ponents of the National Wild and Scenic Rivers System.
Although the Presit 1.t's directive does not prohibit an agency fro = taking, supporting or allowing an action which would adversely a:fect wild and scenic values of a river in the Inventory, each a'*ncy is responsible for studying, fore developing and des-1_ing all reasonable alternatives be acting, and for avoiding and mitigating adverse effects on rivers identified in the Inventory.
Where agency action could effectively foreclose the designation of a wild, scenic, or recreational river segment, the President has directed the agency to consult with HCRS.
It is difficult to restore a river and its 4 ediate environment once its wild and scenic qualities have been lost.
The purpose of this consultation requirement, which is meant to be part of the normal environ = ental analysis process, is to provide the opportunity for HCRS experts to assist other agencies in meeting program objectives without irreparably damaging potential wild, scenic, and recreational river areas.
Consultation with HCRS should encourage better planning at an early stage in order to reduce resource management contlicts or to avoid them altogether.
The consultation requirement also provides an opportunity to seek early resolution of problems by policy-level officials if necessary.
Completed portions of the Nationwide Inventory -- those for the Eastern half of the country -- were sent to you from HCRS Director Chris T. Delaporte on November 13, 1979.
Forthcoming portions of the Inventory will be trans=itted as
- they are cc pleted.
You should ensure that the list of rivers in the Inventory and the attached procedures receive wide distribution in your agency.
Copies of orders, guidance, or memoranda which you use to adopt or to transmit the attached procedures within your agency should be sent to the Council on Environmental Quality (Attention:
Larry Williams) and to the Interagency Wild and Scenic Rivers Study Group (Attention:
Jack Hauptman, HCRS, 440 G Street, N.W., Washington, D.C.
20243).
b Gus Speth Chair =an Attachment o
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Procedures for Interagency Consultation to Avoid or Miticate Adverse Effects on Rivers in the Nationwide Inventory These procedures are designed to assist federal officials in co= plying with the President's directive (attached) to protect rivers in the Nationwide Inventory through the nor=al environ = ental analysis process.
NEPA, E.O.11514, CEQ's NEPA Regulations, and agency i=ple=enting procedures should be used to =eet the President's directive.
Although the steps outlined below pertain to wild and scenic river protection, they also fit clearly within agencies' existing environ = ental analysis processes. Agencies are already required: to identify and analyze the environ = ental effects of their actions; to consult with agencies with jurisdiction by law c-special ex, 'rtise (in this case, dCRS); to develop and study alternatives; and to i te all practicable means and =easures to preserve i=portant historic, cultural, ar.d natural aspects of our national heritage.
The procedures outlined below si= ply link the appropriate ele =ents of the nor=al environ = ental analysis process with the President's directive "to take care to avoid or =itigate adverse effects on riv ts identified in the Nationwide Inventory." Federal officials should pro =ptly take steps to incorporate the actions specified below into their planning and decision =aking activities and the conduct of their environ = ental analyses.
1.
Determine whether the preposed action could affect an Inventory river.
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Check the current regional Inventory lists to deter =ine whether the proposed action could aff ect an Inventoty river.
If an Inventory river could be aff ected by the proposed action, an environ = ental assess =ent or an environ = ental i= pact state =ent may be required depending upon the significance of the ef fects.
-If the action vould not affect an Inventory river, no further action is necessary under these procedures.
(The agency is still required to fulfill any other responsibilities under NEPA).
2.
Deter = ins whether the proposed action could have an adverse eff ect on the natural. cultural and recreat.'onal values of the Inventerv river seg=ent.
Using the Guide for Identifying Potential Adverse Eff ects, which is appended to these procedures, you should..ter=ine whether the proposed action could adversely aff ect the natural, cultural, or recreational values of the Inventory river seg=ent.
Adverse ef f ects on inventoried rivers may occur under 'ponditions which include, but are not it:ited to:
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(1) Destruction or alter ation of all or part of the free flowing nature of the river; (2) Introduction of *,isual, audible, or other sensory intrusiens which are out of character with the river or alter its setting;
',- (3) Deterioratien of water quality; or (4) Transfer or sale of property adjacent to an inventoried river
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vithout adequate conditiens or restrictions for protecting the river and its surrounding environ =ent.
If you have prepared a docu=ent which finds that there would be no adverse effects -- such as a Finding of No Significant I= pact under the CEQ NEPA regulatiens -- you should send a courtesy copy to the HCRS field office in your region.
- 3. - Deter =ine whether the preeosed action could foreclose aptiens to
!'classifv any pertien of the Inventerv seg=ent as wild, scenic or recreatienal river areas.
In se=e cases, i= pacts of a proposed action could be severe enough to preclude inclusion in the Wild and Scenic Rivers Systa=, or lover the quality of the classification (e.g. fro: vild to recreational). If the
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- sed undertaking could effectively dovrgrade any portion of the Inventory seg=ent you should consult with ECRS.
Picposed actions (whether uses or physical changes), which are theoreti-
, _c ally reversible, but which are not likely to be reversed in the short ter=, should be considered to have the effect of foreclosing for all practical purposes vild and scenic river status.
This is because a i
T ver seg=ent, when studied for possible inclusion
$.. the Wild and acenic River Syste=, =ust be judged as it is found to exist at the ti=e of the study, rather than as it =ay exist at some future time.
If a proposal, including one or more alternatives, could have an adverse effect on a river in the Inventory, an environ = ental assesr=ent or, if l
tb.; effects are significant, an environ = ental i= pact state =ent =ust be l
prepared. HCRS staff is availabia to assist you $n deter =ining the i
significance or severity of the effects in connection with your assess =ent, scoping process,,and EIS, if one is needed. A detailed analysis of each of the rivers in the Inventory is available frc= ECRS for your use.
You should request assistance in writing fro HCRS, as early as you r.an, providing sufficient infor=ation about the proposal to allow ECRS to assist yon in deter =ining whether any of the alternatives under considera-
'- t:ould foreclose design: tion. HCRS will in turn provide you with an
.......,;s of the i= pacts on natural, cultural and recreational values 9hich should enable you,to =ake a deter =ination as to whether or net eg tetion would be foreclosed. RCRS is available to assist you f.n developing appropriate avoidance /=itigation measures.
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When envire== ental assess =ents are prepared on preposals that af fect Inventory rivers, copies should be sent in a ti=ely fashien to the ECRS field office in your area before a preposed action is taken and while there is still ti=e to avoid or citigate adverse eff ects. When environ-mental i= pact state =ents are prepared en pr:pesals that affect Inven: cry rivers the lead agency should request ECES and the cffected land managing agency to be coeperating agencies as seen as the Notice of Intent to prepare an EIS has been published.
If ECRS does no: resp:nd to your reques: fer aseistance within 30 days, you =ay proceed with ec=pleting preparation and circulation of the enviren=en:al assess:ent or EIS as planned.
Even where ECRS has been unable to ce==ent en the enviren= ental assess =ent or Oraf t IIS, you are still obligated by the President's diree:1ve to "...take care to avoid or citiga:e adverse effe:ts on rivers identified in the Naticevide Inven:ory..."
4.i"Incer; rate aveidance/ itigatien measures into the pretesed actien to
=axi=u: ex t en t f easible within the aren v's authoritv.
Any enviren= ental d:cu=ents prepared en the proposed action sheuld identify the i= pacts on natural, cultural and recreatienal values, address the ec:=ents sub=itted by ECRS, and state the avoidance /=itigation seasures ad:pted. Any disagree =en:s will be resolved through exis:ing procedures. Fer proje::s requiring environ = ental i= pact sta:e=ents, :he record of de:isien =ust adept appropriate avoidance / =itigation seasures and a m nitering and enf orce=ent progra: as required by the CEQ regulations.
(40 CFF. Se:.15C5.2(c)).
A Note en the Meaning =f " Federal A:tiens" The abeve pre;edures are seant to apply to all f ederal actiens that could adversely af f ect a river in the Nationwide Inventcry (see Section 1508.1S of CEQ's NEFA Regulations (40 CFR 1505.18) for the seaning of
" ajer f ederal actiens"). For a::1ons which are known in advance to
- require an enviren= ental assess =ent c; environ = ental i= pact sta t e= ent these procedures veuld be fc11oved in the nor=al course of NEPA cc=pliance.
If a f ederal action v:uld not nor= ally require an enviren= ental assess ent or an enviren= ental i= pact state =ent, but could adversely affect a river in the NatienVide Inventory, the action should either (1) not be " categorically excluded" under agency i=ple=enting procedures, or (2) be considered an
" extraordinary circu: stance" in which a nor= ally excluded action zust be subje ;;d to enviren=en:a1 analysis (see Secticn 1505.4 of NEPA Regulatiens).
The above procedures sh:uld be used for any preposals (including the evaluation of alterna:1ve courses of action) for which the NEPA process is not yet ce=pleted. The above procedures should therefore also be applied to a proposed l:odification er supple:ent to a previcusly authori:ed or imple=ented action.
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For Purther Infor=ation er Guidance The RCRS regional office vill usually provide the best source of infor ation on rivers in the Nationwide Inventory and on specific ways that these rivers could be protected. For general assistance on policy and procedural matters, please contact the Chair =an of the Interagency Wild and Scenic Rivers study Croup (202/343-4793), or contact the Council on Environ = ental Quality (202/395-4540).
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- APPENDIX I.
Guide for *. c entifying Potential
- Adverse Ef f ects.
The i= pact of a proposed action should be assessed in relation to the eligibility and classificar1on criteria of the Wild and Scenic Rivers 2
Act,16 U.S.C.1271-1287, as acended.
In order to be eligible for inclusion in the National Syste=, a river 4
j must:
1.
Be "f ree-flowing," 1.e., " existing or flowing in natural condition without i= pound =ent, diversion, straightening, rip-rapping, or J
other =odification of the waterway. The existence, however, of lov l
da=s, diversion works, and other minor structures at the ti=e any riser is proposed for inclusien in the national wild and scenic i
rivers syste= shall not auto =atically bar its consideratien for such inclusion: Previded, that this shall not be construed to authorize, intend, or encourage future construction of such structures l
within co=ponents cf national wild and scenic rivers system." (16 U.S.C. Sec.12 8 6) 2.
Possess " outstandingly re=arkable scenic, recreational, geologic, fish and wildlif e, historic, cultural, or other si=ilar values."
(16 U.S.C. Sec. 1271) i l
Iligible river seg=ents are classified according to the extent of evidence of =an's activity as one of the following:
i 1.
" Wild river areas--Those rivers or sections of rivers that are free of i= pound =ents and generally inaccessible except by trail, with watersheds or shorelines essentially pri=itive and waters unpolluted.
These represent vestiges of pri=itive America."
2.
" Scenic river areas--Those rivers or sections of rivers that are free of i= pound =ents, with shorelines or watersheds still largely pri=itive and shorelines largely undeveloped, but accessible in places by roads."
t 3.
" Recreational river areas--Those rivers or sections of rivers that are readily accessible by road or railroad, that may have sa=e develop =ent along their shorelines, and that =ay have undergone
.se=e i= pound =ent or diversion in the past."
(16 U.S.C. Sec.1273(b))
Any action which could alter the river seg=ent's ability to meet the
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above eligibility and classification criteria should be considered an adverse i= pact. Actions which d1=inish the free-flowing characteristics or outstandingly re=arkable values of a river seg=ent could prevent the seg=ent fro = qualifying for inclusion in the national syste=.
Actions which increase the degree of evidence of man's activity, i.e.,
level of develop =ent, could charge the classification of the river ser=ent.
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The effect of all proposed develop =ents within the river corridor should be assessed in ter=s of severity cf ef fect and extent of area af f ected.
Develop =ents outside the corridor which would caust visual, noise, or air quality i= pacts on the river corridor should also be exa=ined.
Only proposed new construction or proposed expansion of existing develop-menta need be considered in assessing i= pacts. Repair or rehabilitation of existing structures would not have a negative i= pact except if the action would result in significant expansion of the facility or if the constructien process itself would cause an irreversible i= pact en the environ =ent.
Place =ent of navigation aids such as buoys and channel =arkers will not be considered as causint; adverse ef f ects.
The folleving are exa=ples of types of develop =ents which veuld generally require consultation with ECRS because of the potential for adverse eff ects on the values of a potential wild, scenic, or recreational river. This list is not exhaustive.
S=all dock Road S=all bulkhead Railroad Clearing and snagging Building (any type)
Drainage canal, culvert or Pipeline, tranr=ission outfall line Irrigation canal Bridge or ford Levee or dike Gas, oil or water well Rip-rap, bank stabilization Sub-surface =ine opening or erosion control structure Quarry S=all reservoir Power substation Increase in ce=sercial Recreation area navigation Du=p or junkyard
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Dredging or filling Change in flow regi=e Run-of-the-river da: or Clear-cut ci=ber harvest diversion structure.
Radio tower, vind=ill 1
l The following are exa=ples of types of develop =ent which appear =ost likely to cause serious adverse effects if they are constructed adjacent I
to or in close proxi=1ty to an Inventory river. Such develop =ent proposals will al=ost always require consultation with ECRS because their effects are likely to conflict with the values of a potential wild, scenic or recreational rivir. These ef fects could be severe enough to foreclose designation od the affected river seg=ent. This list is not exhau st ive.
l Lepound=ent Railroad yard l
Channelization Power plant Instr ea= or surf ace =ining Sewage treatment plant Lock and da=
Bousing development Airport Shopping center Landfill Industrial park Tactory Marina Gas of oil field Commercial dock Major highway l
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APPENDIX 11 9 $
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0 TW Dh Wild and Scenic Rivers
- Each federal agency sha!!. as part of,
iu normal planning and emironmenul and National Trails "vi "' Pac =5, uke care to aseid er
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Nameren/v=w Trem sAs President.
rrutigate advene eHects on rnin identi-fied in the Nationwide Instntory, pre-Memorandu s for the Hesis of Deprt.
pared by the Heritage Conservatten and mints and Agencie' Recreation Senice in the Department of In my Ernironmenu! Message of Au-the Interior. Agencies shall, as part of gust 2,1979, I recogni:ed the important their normal environmental review proc-natural, histerie, and recreationa! values ess, consult with the Heritare Consena-
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of our Natien's river corridon. It is im-tion and Recreation Senice prior to tak-pertant for the federa! agencies to set an
,..,ctions which could eEectively fore-m wild, scenic, or recreational river t
examp!e of sound rnanagement for state,
) sutus en riven in the Inventery.
local, and prisate landowners by taking an agg esshe to:e in protecting Wild and
- Each Federal agency with respensi-Scenic R2ven which Row through public bilig for administering public lands shall, land 5-as part of its ongoing land use planning In addition, I recognized that the 1968 and manactment activities and environ-National Trai!s Sptem Act is designed mental review processes, rnake an assess-to promote the development of recrea-ment of whether the riven identified in taonal, scen,c, and hastene trat!s for per-the Nationwide Inventnry and which are i
sons of dnene interests and abilities-in-on their lands an suitable for inclusion in cluding the young. the handicapped, and the Wild and Scede Riven Sptem. If an the aged-and that the National Trails agency determines t'at a river would be System is in its Hedghng stage. The Act suitable for inclusion in the Sptem, the provides for designating trails on sute, agency shall, to the extet of the agency's local and private lands, but only 130 trails authority, promptly tale weh steps as are have been established since enactment of needed to protect and manage the river, and the surrounding area in a fashion the Act In my Environmental Mesare comparab!e to riven already included in I stressed the impcrtance of expandm:;
the National Traib Sptem.
the Wild and Scenic Riven System. In Therefore, I am directing that each cf addition, the agency is encouraged, pur-e 3ou take the fe!Iowing actions:
suant to the revised Guidelines, to work
- Each federal agency shall encourare with the Agriculture and Interior Depart-states, localities and private land holder >
ments to prepare legislation to designate to designate trai!s on their lands and to the river as part of the Wild and Scenic Riven System if appropriate.
participate with federal agencies and trail usen in designing and creating.sn overall Please give th'ese assignments your im-
~ National Trails System which will piv-mediate attention.
vide more fully for the trail needs of America.
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