ML20336A206
| ML20336A206 | |
| Person / Time | |
|---|---|
| Site: | 07000925 |
| Issue date: | 10/10/2023 |
| From: | Rome M NRC/NMSS/DREFS/ERMB |
| To: | Ozan L State of OK, Historical Society |
| Shared Package | |
| ML20336A207 | List: |
| References | |
| Download: ML20336A206 (6) | |
Text
UNITED STATES NUCLEAR REGULATORY COMMISSION WASHINGTON, D.C. 20555-0001 October 9, 2023 Lynda Ozan State Historic Preservation Office Oklahoma Historical Society Oklahoma History Center 800 Nazih Zuhdi Drive Oklahoma City, OK 73105-7917
SUBJECT:
RECOMMENDATIONS OF ELIGIBILITY AND DETERMINATION OF POTENTIAL EFFECT ON HISTORIC PROPERTIES AT THE FORMER CIMARRON FUEL FABRICATION FACILITY (DOCKET NUMBER: 70-0925; OKLAHOMA STATE HISTORIC PRESERVATION OFFICE FILE NUMBER 2562-20)
Dear Lynda Ozan:
As described in the U.S. Nuclear Regulatory Commissions initial letter to you of April 18, 2019 (https://www.nrc.gov/docs/ML1909/ML19093A049.html), the NRC is reviewing a proposal by Cimarron Environmental Response Trust to conduct groundwater remediation at the Cimarron site in Logan County, Oklahoma. As described in more detail below, a survey was conducted at the site and several historic properties were identified. The purpose of this letter is to request your concurrence on the NRCs determination of eligibility for listing on the National Register of Historic Places and on the NRCs conclusion that the proposed undertaking would not affect these historic properties. We are sending a similar letter to the Oklahoma Archaeological Survey (OAS).
Background
In October 2022, Environmental Properties Management, LLC, the trustee for the Cimarron Environmental Response Trust (CERT or licensee), submitted an updated request to amend Special Nuclear Materials License 928 to approve a decommissioning plan (DP) for groundwater remediation on the site of the former Cimarron Fuel Fabrication Facility (Cimarron site) in Logan County, Oklahoma. The DP is available at https://www.nrc.gov/docs/ML2228/ML22286A041.html. If the NRC approves the DP and issues the license amendment, CERT would be authorized to complete decommissioning of the site by installing structures and systems to pump and treat groundwater to reduce the concentrations of contaminants that exceed NRC limits. Once groundwater remediation and the applicable regulatory reviews are complete, the NRC would allow for the release of the site from the NRC license. The license will remain in effect until it is terminated by the NRC.
In a letter dated April 18, 2019, the NRC initiated consultation with your office per Section 106 of the National Historic Preservation Act (https://www.nrc.gov/docs/ML1909/ML19093A049.html).
Your response stated that the NRC should also consult with the OAS and that your office would defer to the OASs opinion regarding the need for a cultural resources investigation (https://www.nrc.gov/docs/ML1931/ML19311C323.pdf). Upon consultation, the OAS indicated that an archaeological field inspection was necessary (https://www.nrc.gov/docs/ML1931/ML19311C325.pdf). In May 2020, Burns & McDonnell
L. Ozan 2 Engineering Company, Inc. conducted a field survey of the site using a methodology approved by the OAS. The survey report, Phase I Cultural Resources Survey of the Cimarron Environmental Response Trust Property, is provided as Enclosure 1. A redacted version of the survey report is available at https://www.nrc.gov/docs/ML2308/ML23083B826.pdf. Descriptions of the proposed undertaking (decommissioning activities), the survey results, and NRC communications with tribes are provided in the paragraphs below.
Undertaking This undertaking is the proposed NRC approval of CERTs plan to remove uranium from groundwater in areas where concentrations exceed the NRCs unrestricted release criteria.
Groundwater recovery and treatment would generally be accomplished via installation of groundwater extraction wells and trenches, treated water injection wells and trenches, construction of groundwater treatment facilities, and installation of associated conveyance piping, electrical, and controls infrastructure. The area that would be disturbed to accommodate the proposed infrastructure required for groundwater remediation is shown on DP figure 5-5, which is provided as Enclosure 2. The red shading on this figure shows areas that would likely be disturbed during installation of the infrastructure, including activities such as clearing, soil stockpiling, and installing erosion controls.
Before construction activities begin, stormwater management controls would be implemented in accordance with a site-specific stormwater pollution prevention plan, including the use of silt fencing around disturbed areas until permanent vegetation is established. Extraction and injection wells would be installed using standard drilling methods. Extraction and injection trenches would be installed using excavators and would be approximately three feet wide and up to 30 feet below grade. Utilities, including electric and communications cable and water conveyance piping, would be routed via trenches from the treatment facilities to each extraction/injection well/trench. Utility trenches generally would be three feet deep and two to five feet wide, depending on the utility types and quantities.
Treatment facilities would be constructed for groundwater treatment and injection or discharge.
These are labeled as WA [Western Area] Treatment Facility and BA1 [Burial Area 1] Facility on the enclosed figure. Construction of both facilities would generally include site grading, the installation of stormwater controls and facilities, and restoration. The WA treatment facility would include construction of a pre-engineered metal building and the BA1 treatment facility would include placement of modular enclosures to house treatment equipment.
Utilities required to support the WA facility include electric, potable water, communications, and septic sewerage. Potable water and communications would be supplied via connection to an existing force main and communications junction box, respectively, located along Highway 74 near the site entrance. These utilities would be routed to the WA facility via an underground trench (see enclosed figure). Electricity would be supplied to the WA facility via existing overhead power lines.
A drainage area (1206 North Drainage) located west of the WA treatment facility would require additional clearing and sediment removal to support remediation. Sediment from the drainage area would be excavated and mixed with excess spoils generated during injection trench excavation. This would be completed using excavators and other similar equipment. The approximate extent of excavation related to the 1206 Drainage is shown on the enclosed figure (white strips within red shaded area).
L. Ozan 3 Survey Results and Determinations of Eligibility As described in section 1.1 of the enclosed survey report, the area of potential effect is approximately 530 acres, comprising the Cimarron site (approximately 505 acres) and an additional 25 acres that were previously part of the site but are now owned by Cimarron Holdings.1 CERT conducted a survey in May 2020 and produced the enclosed report, which describes the resources identified and provides determinations of eligibility for listing on the National Register of Historic Places (NRHP). No archaeological resources were identified, and seven standing historic structures were identified. Detailed descriptions of these seven resources and NRHP-eligibility determinations are provided in section 6 of the report.
Photographs are in appendix C and resource identification forms are in appendix D.
Based on the assessment in the survey report, the NRC staff concludes that six of the seven historic structures are eligible for listing on the NRHP, and one site is not eligible, as described briefly below:
Resource 01/01a: Mixed Oxide Fuel Fabrication (MOFF) Building and associated cooling plant - the MOFF building (Resource 01) was used from 1970 until 1975 for the production of plutonium-containing nuclear fuel. Immediately north of the building is the associated cooling plant (Resource 01a). Section 6.1.2 of the survey report provides more detail. Resource 01/01a maintains historic associations with a facility important in the nuclear history of the United States and is likely eligible for NRHP inclusion under Criterion A. In addition, it is an example of an industrial property type and appears eligible under Criterion C.
Resource 02: Warehouse #4 - this warehouse was used to support nuclear fuel manufacturing operations until 1975. After 1975, the building was used for other industrial purposes, as described in section 6.1.3 of the survey report. This resource maintains historic associations with a facility important in the nuclear history of the United States and is likely eligible under Criterion A.
Resource 03: Emergency Response Building - this building served as an emergency response station during the nuclear manufacturing facilitys operating years and is described in section 6.1.4 of the survey report. This resource maintains historic associations with a facility important in the nuclear history of the United States and is likely eligible under Criterion A.
Resources 04, 05, and 06: Abandoned Diesel Pumps - these abandoned diesel pumps were used to pump water from the Cimarron River to the facility and located at the northwest corner of the property south of the Cimarron River (section 6.1.5 of the survey report). These resources maintain historic associations with a facility important in the nuclear history of the United States and are likely eligible under Criterion A.
1 Agreements executed before the transfer of the 25 acres to Cimarron Holdings state that CERT would retain responsibility for any remediation needed and that CERT would be granted access to this area as needed to complete decommissioning activities. Because the DP includes provisions for remediating groundwater underlying this 25-acre area, the area is included in the area of potential effect.
L. Ozan 4 Resource 07: A Mid-twentieth Century Corral and Associated Wire Fence - this resource consists of three pens connected to a hallway or corridor and is described further in section 6.1.6 of the survey report. This resource is not recommended as eligible because it does not have any known historical associations important to local or national history, is not distinctive in form or design, and is not part of an archeological site.
NRC Communications with Tribes On June 11, 2019, the NRC staff sent letters inviting 21 tribes to participate as consulting parties under Section 106 of the NHPA, to assist in the identification and evaluation of historic properties that may be affected by CERTs proposed action, and in the development of proposals to address adverse effects that may be identified during the evaluation process (https://www.nrc.gov/docs/ML1914/ML19148A414.html). If the tribes did not respond to the letter, the NRC staff followed-up with telephone calls. In response to the invitation, four tribes (Muscogee Creek Nation, Caddo Nation, Tonkawa Tribe of Oklahoma, and Alabama-Quassarte Tribal Town) expressed their preference to be updated on project activities https://www.nrc.gov/docs/ML1931/ML19311C313.html). Thirteen tribes did not respond to NRC communications and four tribes indicated that either the project is out of their area of interest or they prefer to be notified only in the event of an inadvertent discovery.
From June 5 through June 12, 2023, the NRC staff sent emails to the four tribes who requested updates and to the 13 tribes who have never responded to NRC communications (https://www.nrc.gov/docs/ML2326/ML23268A032.html). In the emails, the NRC staff described recent project activities, summarized and included a link to the cultural resources survey report, and identified next steps in the NRCs environmental review process. If tribes did not respond to the emails, the NRC staff followed-up with telephone calls. In response, the NRC staff received no questions or comments from the tribes, except for a request from the Caddo Nation that the NRC staff no longer send updates.
NRC Conclusions In summary, the NRC staff does not anticipate land disturbance beyond the red shaded limits shown on the figure provided as Enclosure 2. The resources located within the floodplain (Resources 04 through 07) are over 200 feet from the nearest planned construction activities.
Resource 03 is more than 100 feet away from the proposed location of the WA communication and potable water supply utility trench. This building is currently used as an office and would continue to be used as an office throughout construction. The buildings identified as Resources 01/01a and 02 are also located over 100 feet away from construction activities related to the 1206 North Drainage remediation and utility trenching.
The NRC staff concludes, based on the extent of proposed ground-disturbing activities in relation to the location of all identified resources, that the proposed undertaking would not affect any of these resources. As described above, the NRC staff has communicated with potentially interested tribes about this proposal and none have requested consultation or expressed a concern about the proposed undertaking or the survey results.
Within 30 days of receipt of this letter, please provide your concurrence or comments on the determinations of eligibility and on our conclusion that the undertaking would not affect any
L. Ozan 5 cultural or historic resources. You may send your response to the address below:
Christine Pineda U.S. Nuclear Regulatory Commission Mailstop: T4-B72 11545 Rockville Pike Rockville, MD 20852 If you have any questions or require additional information, please contact Christine Pineda via email at Christine.Pineda@nrc.gov.
Sincerely, Signed by Rome, Michelle on 10/09/23 Michelle Rome, Acting Chief Environmental Review Materials Branch Division of Rulemaking, Environmental, and Financial Support Office of Nuclear Material Safety and Safeguards Docket No. 70-0925 License No. SNM-928
Enclosures:
- 1) Report of Phase 1 Cultural Resources Survey
- 2) Map of Area of Potential Disturbance cc: B. Halliburton, CERT
L. Ozan 6
SUBJECT:
RECOMMENDATIONS OF ELIGIBILITY AND DETERMINATION OF POTENTIAL EFFECT ON HISTORIC PROPERTIES AT THE FORMER CIMARRON FUEL FABRICATION FACILITY (DOCKET NUMBER: 70-0925; OKLAHOMA STATE HISTORIC PRESERVATION OFFICE FILE NUMBER 2562-20)
Dated: October 10, 2023 DISTRIBUTION:
BVonTill, NMSS/DUWP JSmith, NMSS/DUWP ADAMS package ML20336A207; letter ML20336A206 OFC REFS/ERMB REFS/ERMB OGC REFS/ERMB NAME CPineda AWalker-Smith ACoggins MRome DATE 9/26/2023 9/27/2023 9/28/2023 10/09/2023 OFFICIAL RECORD COPY