ML20307A310

Jpappas Letter - NHPA Section 106 Determination of Effects for Isp'S Proposed CISF

ML20307A310
Person / Time
Site:	Consolidated Interim Storage Facility
Issue date:	01/26/2021
From:	Jessie Quintero NRC/NMSS/DREFS/ERMB
To:	Pappas J State of NM, Dept of Cultural Affairs, State of NM, Historic Preservation Division
References
Download: ML20307A310 (3)

Text

UNITED STATES NUCLEAR REGULATORY COMMISSION WASHINGTON, D.C. 20555-0001 January 26, 2021 Dr. Jeff Pappas State Historic Preservation Officer and Director New Mexico Historic Preservation Division New Mexico Department of Cultural Affairs Bataan Memorial Building 407 Galisteo Street, Suite 236 Santa Fe, NM 87501

SUBJECT:

NATIONAL HISTORIC PRESERVATION ACT SECTION 106 CONSULTATION - DETERMINATION OF EFFECTS REGARDING INTERIM STORAGE PARTNERS LLCS PROPOSED CONSOLIDATED INTERIM STORAGE FACILITY FOR SPENT NUCLEAR FUEL, IN ANDREWS COUNTY, TEXAS (DOCKET NUMBER: 72-1050)

Dear Dr. Pappas:

The U.S. Nuclear Regulatory Commission (NRC) received a revised license application from Interim Storage Partners LLC (ISP), on June 8, and July 19, 2018 (Agencywide Documents Access and Management System [ADAMS] Accession Package No. ML18221A397), to construct and operate a consolidated interim storage facility (CISF) for spent nuclear fuel, in Andrews County, Texas (the undertaking). In accordance with Title 36 of the Code of Federal Regulations (36 CFR) Section 800.8, Coordination with the National Environmental Policy Act (NEPA), the NRC staff is using the NEPA process to comply with its obligations under Section 106 of the National Historic Preservation Act of 1966, as amended (NHPA). The NRC staff published the draft environmental impact statement (EIS) (ADAMS Accession No. ML20122A220) for the proposed CISF on May 8, 2020.

The purpose of this letter is to provide the NRC staffs determination of effects for the undertaking. The details of this determination are documented in the enclosed letter from the NRC staff to Mr. Mark Wolfe, the State Historic Preservation Officer for the State of Texas.

In sum, based on review of the 2015 and 2019 cultural resource survey reports, searches of Texas and New Mexico archaeological databases, and the information provided by the seven Federally-recognized tribes identified as having past religious or cultural ties to the project area, the NRC staff considers that there is a low potential for intact archaeological deposits within the area to be disturbed during excavation. Therefore, consistent with 36 CFR Section 800.4(d)(1),

the NRC staff has determined that no historic properties are present and, therefore, no historic properties would be affected by the undertaking.

By letter dated May 6, 2019 (ADAMS Accession No. ML18334A007), the NRC staff initiated consultation under the NHPA Section 106 process and requested that your office provide information, comments or concerns that you considered appropriate regarding cultural, historic or archaeological resources of interest that may be affected by the proposed undertaking. By letter

J. Pappas 2 dated May 28, 2019 (ADAMS Accession No. ML19150A360), you responded, noting the proposed facility appeared to abut the Texas-New Mexico border and that it was not clear if this portion represented an access road or other easement. Additionally, you stated that, if access to the facility would be from New Mexico or if ground disturbance associated with construction of the facility would occur in New Mexico, then it was recommended that a professional archaeologist conduct an archaeological survey of the proposed area of potential affect (APE),

with the survey and report completed to meet New Mexico state standards.

With respect to the concerns raised in your May 28, 2019 letter, the NRC staff has confirmed with ISP that construction of the proposed CISF will occur only in Texas. An access road would extend eastward into Texas from State Line Road, which follows the border between Texas and New Mexico near the proposed facility.

The draft EIS and additional information on the ISP license application are available on the NRCs project webpage at https://www.nrc.gov/waste/spent-fuel-storage/cis/waste-control-specialist.html. Documents are also publicly available from the NRCs ADAMS, which can be accessed online at: http://www.nrc.gov/reading-rm/adams.html.

In accordance with Title 10 of the Code of Federal Regulations Section 2.390, Public inspections, exemptions, requests for withholding, of the NRCs Agency Rules of Practice and Procedure, a copy of this communication will be available electronically for public inspection in the NRC Public Document Room, or from the NRCs ADAMS.

If you have any questions or need any additional information, please contact the Environmental Project Manager, Mr. James Park, by telephone at 301-415-6954, or via email at James.Park@nrc.gov.

Sincerely, Signed by Quintero, Jessie on 01/26/21 Jessie M. Quintero, Chief Environmental Review Materials Branch Division of Rulemaking, Environmental Review And Financial Support Office of Nuclear Material Safety and Safeguards Docket No. 72-1050

Enclosure:

As stated cc: J. Fowler, ACHP M. Wolfe, Texas Historical Commission

Ltr ML20307A310 OFFICE NMSS/REFS/ERMB NMSS/REFS/ERMB NAME JPark JP JQuintero JQ DATE Nov 4, 2020 Jan 26, 2021