ML20073B395

Forwards Draft Programmatic Agreement Re Protection of Cultural Resources Surrounding Callaway Nuclear Plant for Review & Comment

ML20073B395
Person / Time
Site:	Callaway
Issue date:	04/12/1991
From:	Klima D ADVISORY COUNCIL ON HISTORIC PRESERVATION
To:	Hannon J Office of Nuclear Reactor Regulation
References
NUDOCS 9104240177
Download: ML20073B395 (15)

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Adelsory -

.Cour cil On Historic -

Preservation The Old Post Office Building 1100 Punnsylvania Avenue, NW. #809 Washington, DC 20004 APR I 21991

.f o 4 8.3 Mr. John N. Hannon Director, Project Directorate III-3 United States Nuclear Regulatory Commission Washington, Dc 20555 Attat David Lynch REF; Programmatic Agreement for Union Electric Callaway Plant callaway County, Mo

Dear Mr. Hannon:

Enclosed for your review and comment is a draft programmatic agreement regarding protection of the cultural resources surrounding'the callaway Nuclear Plant in Callaway County, Missouri.

This draft separates the area of potential effect (Operation and Maintenance Area, which contains an Exclusion Zone) from the Residual Lands Area,_and places responsibilities for protection of the historic reso-ces with-NRC.and the Licensee respectively.

At the request of the Missouri' State.

Historic Preservation Office, we have added Stipulation I.A 6 which requests.that the cultural resource plan be updated periodically..These changes were made following extensivo consultation with the consulting parties.

Tha: are sending a copy of the draf t to.the Missouri State Historic Preservation Office and the Union Electric Company for review and comment.- We request that all parties advise us of your comraents by April 22.

once the comments have been reviewed, we will make the necessary revisions to the Programmatic Agreement and circulate the~ final version for signature..

Should you have any questions, pleaue contact Anne Weinheimer at 202 786-0505.-

We look forward to receiving your comments soon.

Sincerely,.

.i 144 Don L. Klima Director, Eastern Office of Project Review 0

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Enclosure 9104240177 910412 li PDR ADOCK 05U00483 P

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APR I 2 Iggt Revised:

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DRAFT DRAFT DRAFT DRAFT DRAFT PROGRAMMATIC AGREEMENT AMONG THE NUCLEAR REGULATORY COMMISSION, THF ADVISORY COUNCIL ON HISTORIC PRESERVATION, THE MISSOURI STATE HISTORIC PRESERVATION OFFICER, AND THE UNION ELECTRIC COMPANY FOR THE CALLAWAY NUCLEAR PLANT CALLAWAY COUNTY, MISSOURI WHEREAS, the Nuclear Regulatory Commission (NRC) has licensed the Union Electric Company to operate the Callaway Nuclear Plant (Plant) in Callaway County, Missouri, and p.

mces, in consultation with the Missouri State Historic servation Officer (SHPO), the Advisory Council on Historic Precervation

'(Council), and the Union Electric Company (Licensee), to protect the historic resources within the operation and Maintenance Area (including the Exclusion Zone), and the Residual Lands Area of the Plant (Program), and i

WHEREAS, NRC, with the concurrence of the Licensee, proposes to designate the Licensee as administrator of the cultural resource on the Residual Lands surrounding the Plant, and i-l WHEREAS, NRC has determined that the Program may have an effect 1

upon properties included in or eligible for.nalusion in the l

L National Register of Historic Places and has consulted with the

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2 Council--and the Missouri SHPO pursuant to Section 800.13 of the regulations-(36:CFR Part 800) implementing Section 106 of the National' Historic Preservation Act (16 U.S.C. Section 470h-2-(f),

l and WHEREAS, the: Licensee' participated in the consultation and has been' invited to concur in this Programmatic Agreement, and i

L the definitions and terminology given in APPENDIX A.are

.WHEREAS, 1

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applicable'throughout this Programmatic Agreement;

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'NOW THEREFORE, NRC, the Council,-the Missouri SHPO, and the j

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Licensee agree that the Program'shall be administered in

-accordance--with the--following stipulations to-satisfy NRC's u

Section:106. responsibilities for all individual' undertakings of 3

L Lthe. Program, b

i Sticulations L

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l' The NRC,:or the Licensee where.specifically noted, shall1 ensure

-that'the~ Program is carried out in the following manner.

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. COMPLIANCE A '. -

, PLANNING l:

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3 A Cultural Resources Manacement Plan for Residual Iands at the Union Electric Company Euclear Power Plant (Plan), dated October 1983, (see APPENDIX B) will be used as the-basis of compliance with 36 CFR SS 800.4 through 800.6 and 36 CFR S 800.11 for treatment of the three sites located on thn Operation and Maintenance areas that have been determined eligible for listing in the National Register of Historic Places and the other twenty-two sites located on the Residual Lands areas that have been determined eligible for listing in the

• National Register (see APPENDIX C).

NRC will ensure that the three eligible sites on the Operation and i

Maintenance areas are maintained according to the Plan, and the Licensee will ensure that the twenty-two eligible sites on the Residual Lands areas are maintained according to the Plan.

Specifically:

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1.

Land altering activities are prohibited at all eligible archeological sites, including, but not limited to, road construction, water line excavation, electrical and telephone line excavations, transmission line construction, pond and reservoir construction, building construction, electrical transmission substation construction, cultivation (deep

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plowing or chisel plowing), ' and silvict ture.

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Shallow discing is permissible only on those sites where limited agriculture is recommended.

2.

A conservation protection boundary zone will be placed around each of the 25 eligible sites.

Metal reinforcing rod stakes will be i

placed at the corners of all these sites along field edges; boundaries will be marked l

with wooden lath to avoid damaging farm l

machinery; all stakes will be sprayed with orange paint and marked with yellow plastic flagging; boundaries will be placed approximately 50 m to 100 m beyond site limits to provide a proper buffer zone.

These markers will be routinely maintained.

3.

All sites will be identified with an aluminum plate and keyed to confidential site location maps.

4.

. Limited agriculture will continue at potentially significant sites presently being used for agricultural purposes.

This permits l

l shallow discing to allow the sowing of grass l

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seed only.

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Other activities, such as1 fishing, hunting, and outdoor recreation will be planned to minimize opportunities for vandalism, malicious looting, or uninformed collecting by not directing attention to potentially significant-cultural resources.

.All plans for any land disturbing activities

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will be reviewed by the Licensee before such l

activities are permitted.

Should any land i

disturbing-activities be planned which could effect potentially significant cultural resources,_the Licensee will-contact the M'issouri-SHPO for review and comment.

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The Plan will be-updated, in consultation with the

= Missouri SHPO, within two (2) years from: ratification of.this-Programmatic Agreement, and-thereafter will be 1

-reviewed once a year in consultation with the Missouri ~

SHPO.

B.

DATA-RECOVERY 1.

EIf artifacts or cultural-features are encountered _during construction projects, r

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6 construction activities will cease and NRC and the Missouri SHPO will be informed immediately.

2.

The Missouri SHPO will be consulted in advance of any construction in which an eligible site may be adversely impacted.

II.

MONITORING ACTIVITIES The Missouri SHPO may monitor activities carried out pursuant to this Programmatic Agreement, and the Council will review such activities if requested by the Missouri SHPO.

NRC and the Licensee will cooperate with the Council and the Missouri SHPO in the monitoring and review of activities carried out pursuant to this Programmatic Agreement.

III. AMENDMENTS'TO PROGRAMMATIC AGREEMENT Any signatory to this Programmatic Agreement may request that it be amended, whereupon the parties will consult in accordance with 36-CFR S 800.13 to consider such amendment.

IV.

TERMINAMON OF PROGRAMMATIC AGREEMENT Any signatory to this Programm: tic Agreement may terminate it by pre >viding thirty (30) days notice to the other parties, provided

7 that the parties will consult during the period prior to termination to seek agreement on amendments or other actions that would avoid termination.

In the event of termination, the NRC, in consultation with the Licensee, will comply with 36 CPR SS 800.4 through 800.6 with regard to individual undertakings covered by this Programmatic Agreement.

V.

FAILURE TO CARRY OUT TERMS OF PROGRAMMATIC AGREEMENT In the event any-party does not carry out the terms of this Programmatic Agreement, the NRC, in consultation with the Licensee, the Council, and the Missouri SHPO, shall comply with 36 CPR SS 800.4 through 800.6 with regard to individual l._

undertakings covered by this Programmatic Agreement.

Execution and implementation of this Programmatic Agreement evidences that NRC has satisfied its'Section 106 responsibilities l

i for.all individual undertakings of the Program.

8 ADVISORY COUNCIL ON HISTORIC PRESERVATION BY:

Robert D.

Bush, Executive Director Date NUCLEAR REGUIATORY COMMISSION e

BY:

Thomas E.

Murley, Director Date Office of Nuclear Reactor Regulation MISSOURI STATE HISTORIC PRESERVATION OFFICER BY:

Date CONCUR:

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9 UNION ELECTRIC COMPANY BY:

(Name and Title)

Date l

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10 APPENDIX A DEFINITIONS AND TERMINOLOGY Cultural resource manacement:

control (in action and use) and responsibility for sites, structures, objects, and districts which are historically, architecturally, archaeologically, or culturally significant.

Implementation may include inventory, assessment, recovery, research, protection, preservation, an'd enhancement.

Limited aariculture:

shallow discing and sowing of grass seed.

peeration and maintenance areas:

electrical transmission lines, heavy haul road, settling ponds, railroad spur, quarry, waterlines (underground), emergency operations facility, meteorological-tower, landfill area, borrow pits, and ecology plots (Map 1).

Activities in these areas include inspection, repair, maintenance, monitoring,-and, in the case of borrow pits, earthmoving.

This area is equivalent to the " area of potential effects" of the " undertaking" as defined by 36 CFR 800.2.

[Would like to be more specific.

See also " residual lands.")

Exclusion zone:

[Get from NRC.]

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11 Subolow zone:

soil below the plow zone.

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. Residual lands (wildlife manaaement areas i:

includes lands.that

. enhance-' wildlife habitat-and provide fishing, hunting, and-outdoor _ recreational opportunities for individuals,- groups, or 4

- ' organizations wishing to make use of these'privil'eges Land use I

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patterns include' forest habitat, fishing' ponds, crop lands,

- access-roads,--hiking and equestrian trails, parking lots, picnicking areas, and a proposed interpretive center.

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like to be more specific....]-

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APPEND /){

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'A Cuttural Resources Management Plan for Residual Lands at the Union Electric Campany NucIear Power PIant

.Callaway County, Missourl Prepar6d for

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Union Eloctrie Ccapany

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, By American Resources Group, Ltd.

Carbondale, Illinois Principal Investigator and Author Micheal J. McNerney

s October 1983 es.

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Table 2 Nnagement Recommendations for Potentially Significant Sites t

Site Size Location Cultural Ground Cover Land Use Cultural Resources Management' No (Acres)

Af fit t ation 23CY-Limitations +

Recessmendations*

20 7.4 LSEl. W 1. SWI. 535' Middle Woodland Weeds Limited Agri Preserve. Phase 11 If threatened Earth moving assoc with Ostt prohibited 74

.1 SW1.1881. SEl. 535 Middle-Late Woodland ~

Forest Avoid Preserve. Phase II_If threatened Burtal mound-256 S.9 NEl. SEl. SEl. 511 Middle Archaic Crop Limited Agri Preserve. Phase II If threatened 257 14.8 SEl. W 1. SEl. 51 Late Archaic 8 rush, crop Limited Agri Preserve. Phase II if threatened Dy N

267

- 8.2 W I. SWl. SWI. 52 Paleo-Indian Crop Limited Agri Preserve. Phase Il tf threatened D

291 6.0 WI. W1. SWI tinknown Crop Limited Agri Preserve. Phase It if threatened

'_O NEl. NEl. $El. 56 N

303 14.8 SEl. SEl 510 Unknown Crop l

Limited Agri Preserve. Phase It if threatened 304 3.2 W 1. NWI. SEl. 510 Late Woodland Crop Limited Agri Preserve. Phase II if threatened

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Mississippfan 309 13.6 El. W I. NEl. 510 Late Archaic Crop Lielted Agri Preserve. Phase !! If threatened 314

.25 NEl NEl. NEl 511 thknown Crop.

Limited Agri Preserve. Phase It if threatened 321 10.5 NEl. SWI. ftEl. 515 Unknown Crop Limited Agri Preserve. Phase !! If threatened 322 4.5 SWis NEl. NEl. 522 Late Woodland Weeds Limited Agri Preserve. Phase 11 If threatened Mississippian 328 1.0 W1. SWI. SEl. 523 Late Archatc7 Crop t,tmited Agri Preserve. Phase Il if threatened

+ Limited Agriculture-see page 38 Avoid-set page

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i Table 2 (cont.)

Site Size Location Cultural Ground Cover tend use No (Acres)

Limitations

• Cultural Resources Management 23CY-Aff111ation

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Recommenda tions

• 334 1.1 St. W1. NEl. 525 Unknown Forest Avoid Preserve. Phase Il if ttweatened 345 1.25

51. SEl. NE!

Middle Archaic Crass Limited Agri

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Preserve. Phase !! If threatened NEl. NEl SEl. 535 346 10.0 Nl. W1. SEI Early Archaic Crass SEl. 3MI. ItEl.135 Dalton

t. fatted Agri Preserve. Phase il 4F threatened 349 2.5 WI. W1. SEl. 535 Late Woodland Foresti Avoid Preserve. Phase Il if threatened -

350

.1 SW1. W1. SEl. 535 Late Woodland Forest :

Avoid Burial.nound?

Pruerve. Phase !! If i3.reatened d

351 5.0 W1. MEl. SE1 Unknown Crass q

ftEl. REl. 5El. 535 Limited Agri Preserve. Phase !! if threatened 3 51 6.2 W1. MEl. SW1 Middle and Late Crop Limited Agri Preserve. Phase Il if threatened

. NEl. W 1. SW1. 536 Woodland Earth moving assoc with CAM prohibited 353 8.4 El. MEl. W1. 536 Middle and Late Crop Limited Agri Preserve. Phase !! If threatened Archaic 356 11.0 MI, NEl. Sul

~ Middle Archaic Weeds SEl. SEl. W1.136 Late Woodland Limited Agri Preserve. Phase Il if threatened 359 30.0 W1. W1. 536 Middle Archaic Grass Close epper road to Preserve. Phase il if threatened Late Woodland prevent erosion-Earth moving assoc with can prohibited Avoid 261 1.0 NEl. NEl. W1. 513 Historic Crass Limited Agri Phase 11 evaluation if threatened 339 1.0 SEl. SEl. W1.125 liistoric Forest A old Phase 11 evaluatu.a if threatened -

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