ML21214A295

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Letter to South Carolina State Historic Preservation Office Notice of Availability of the Draft Environmental Impact Statement
ML21214A295
Person / Time
Site: Westinghouse
Issue date: 08/06/2021
From: Jessie Quintero
NRC/NMSS/DREFS/ERMB
To: Johnson E
State of SC, Dept of Archives and History
Diaz-Toro D,NMSS/REFS/ERMB
Shared Package
ML21214A121 List:
References
Download: ML21214A295 (7)


Text

August 6, 2021 VIA EMAIL ONLY Ms. Elizabeth Johnson, Deputy State Historic Preservation Officer South Carolina Department of Archives and History 8301 Parklane Road Columbia, SC 29223 EJohnson@scdah.sc.gov

SUBJECT:

DETERMINATION OF EFFECTS-SECTION 106 CONSULTATION OF THE NATIONAL HISTORIC PRESERVATION ACT REGARDING THE PROPOSED LICENSE RENEWAL FOR THE WESTINGHOUSE COLUMBIA FUEL FABRICATION FACILITY IN RICHLAND COUNTY, SOUTH CAROLINA (DOCKET NUMBER: 70-1151)

Dear Ms. Johnson:

The U.S. Nuclear Regulatory Commission (NRC) is considering a request, submitted by Westinghouse Electric Company, LLC (WEC), to renew its operating license for the Columbia Fuel Fabrication Facility (CFFF) for an additional 40 years. As part of its licensing review, the NRC staff has prepared a draft environmental impact statement (DEIS), in accordance with NRCs regulations at Title 10 of the Code of Federal Regulations, Part 51, Environmental Protection Regulations for Domestic Licensing and Related Regulatory Functions (10 CFR 51),

which implement the National Environmental Policy Act (NEPA). The DEIS provides the NRC staffs evaluation of the potential environmental impacts of the proposed license renewal, including analyses of potential impacts to historic properties. In accordance with 36 CFR 800.8, the NRC staff is coordinating its National Historic Preservation Act (NHPA) Section 106 review with its NEPA environmental review.

The NRC staff began its NEPA environmental and Section 106 reviews in 2015. In October 2019, the NRC staff prepared a draft environmental assessment (EA) for the proposed license renewal. During the preparation this draft EA, the NRC staff reached out to South Carolina State Historic Preservation Officer (SHPO) and sought concurrence on its determination of effects to historic properties. In November 2019, the South Carolina SHPO concurred with the NRC staffs finding that no historic properties would be affected by the proposed license renewal. On July 31, the NRC staff published a notice of intent to prepare an EIS after not being able to reach a finding of no significant impact (FONSI) because new information from the remedial investigations conducted by the WEC under a Consent Agreement with South Carolina Department of Health and Environmental Control (SCDHEC) revealed uncertainty about the source and extent of contamination onsite and the potential future migration pathways offsite. In preparing the DEIS, the NRC staff reviewed information provided by the South Carolina SHPO, the Catawba Indian Nation, and other external stakeholders during the (i) public comment period for the October 2019 draft EA and (ii) 2020 EIS scoping public comment period.

E. Johnson 2 The NRC staff also consulted cultural resource reports and historic context information available at the South Carolina Department of Archaeology and Historic Preservation (SCDAH) and the South Carolina Institute of Archaeology and Anthropology (SCIAA). Additionally, in response to NRCs requests for additional information (RAIs), the WEC provided information regarding programs and procedures established to address potential impacts on historic and cultural resources.

Based on its review, the NRC staff does not anticipate that the proposed renewal of the WECs license to continue to operate the CFFF for an additional 40 years would affect historic properties. In accordance with 36 CFR 800.4(d)(1), the NRC staff is confirming its effects determination with the South Carolina SHPO. The supporting information is provided below and discussed in more detail in Section 3.9 of the DEIS.

Undertaking The undertaking, as requested by Westinghouse, is the continued operation of the CFFF for an additional 40 years. Westinghouse manufactures nuclear fuel assemblies for use in commercial nuclear power reactors. The WEC receives cylinders of low-enriched uranium hexafluoride via truck shipment. The uranium hexafluoride is converted into uranium dioxide. The uranium dioxide is processed and pressed into fuel pellets. These fuel pellets are loaded and sealed into metal fuel rods, and the rods are assembled into bundles that form the nuclear fuel assemblies.

In its license renewal application, the WEC did not request changes to its NRC licensed activities nor construction of new buildings or structures that would result in significant land disturbances.

Area of Potential Effects The CFFF site is located in Hopkins, South Carolina, on an approximately 469 hectares (ha)

(1,151 acres [ac]). Approximately 28 ha (68 ac) of the property area are used for facility operations and support activities. The remaining portions of the site consist of swamps and wetlands, woodland areas, and hardwood forests. The CFFF site lies within the flood basin of the Congaree River, which flows approximately 6.4 kilometers (km) (4 miles [mi]) southwest of the main plant. See Enclosures 1 and 2.

In developing the DEIS, the NRC staff evaluated potential impacts to historic properties, assuming these are present, within the CFFFs license area boundary or area of potential effects (APE). The NRC staff considered areas within the license area boundary that have been undisturbed and those that were previously disturbed by the construction and operation of the CFFF site. There are areas within the CFFF site that have also been previously disturbed by activities other than the construction and operation of the CFFF. For example, forested areas are used for timber production and hay fields are harvested. There is also an electrical substation, owned by South Carolina Electric and Gas, on approximately 2.8 ha (7 ac) of the CFFF site near Bluff Road. These activities are not licensed by the NRC and thus considered outside the scope of the undertaking.

Consultation In May 2015, the NRC staff requested concurrence from the South Carolina SHPO on its determination that no historic properties listed in or eligible for listing in the National Register of Historic Places (NRHP) would be affected by the undertaking because the WEC did not request

E. Johnson 3 changes to its currently licensed operations or construction of new buildings or structures. The South Carolina SHPO concurred and also stated that the probability of significant archaeological properties in the CFFF is high. Future proposed expansion or ground disturbance in undisturbed areas should be submitted to the South Carolina SHPOs office for review and comment. The South Carolina SHPO also noted that if archaeological materials are encountered during construction, procedures described in 36 CFR 800.13(b) would apply and the Federal agency or licensee should contact the SHPO office immediately. The NRC staff sent a similar letter to the Catawba Indian Nation. The NRC staff did not receive a response from the Tribe.

During the preparation of the October 2019 draft EA, the NRC staff continued its outreach to South Carolina SHPO and Catawba Indian Nation. The NRC staff explained that the WEC would be conducting further investigation into onsite water and soil contamination under a CA executed with the SCDHEC, which would require the installation of groundwater monitoring wells and sediment sampling in disturbed and previously undisturbed areas of the CFFF site.

Installation of the new groundwater wells and sediment sampling would be short-term and involve minimal land disturbance. During installation of the wells, the WECs contractor would follow established procedures addressing inadvertent discoveries of cultural resources and use ground-penetrating radar prior to conducting ground-disturbing activities. In November 2019, the Catawba Indian Nation provided comments to the NRC staff indicating no immediate concerns with regard to traditional cultural properties, sacred sites or Native American archaeological sites within the boundaries of the proposed project areas, and requesting that the Tribe be notified if Native American artifacts and/or human remains are located during the ground disturbance phase of the project. The South Carolina SHPO responded that Based on the description of the Area of Potential Effect (APE) and the identification of historic properties within the APE, our office concurs with the assessment that no properties listed in or eligible for listing in the National Register of Historic Places will be affected by this project.

On July 31, 2020, the NRC staff notified the Catawba Indian Nation and the South Carolina SHPO of the NRC staffs intent to prepare an EIS and invited comments during the EIS scoping process. No response was received from the South Carolina SHPO. On August 31, 2020 the Catawba Indian Nation indicated its desire to be consulted about the proposed action. The NRCs Scoping Summary Report discusses and responds to the EIS scoping public comments and October 2019 draft EA public comments.

On June 29, 2021, the NRC staff held a call with the South Carolina SHPO to provide a status update and share additional information provided by the WEC in response to the NRC staffs RAIs. A more detailed discussion of the consultation is provided in Appendix A of the DEIS.

Additionally, during the preparation of the DEIS, the NRC staff reached out to the Pine Hill Indian Tribe and interested members of the public to discuss the scope of the proposed action and the NRCs regulatory role.

Efforts to Identify Historic Properties In addition to the information provided by the South Carolina SHPO and Catawba Indian Nation, the NRC staff consulted cultural resource reports and information available at the SCDAH, the SCIAA, and gathered additional information through the October 2019 draft EA public comment period and the 2020 EIS scoping comment period.

E. Johnson 4 In response to the NRC staffs requests for additional information related to the evaluation of impact on historic and cultural resources within the APE, the WEC provided additional information on December 18, 2020 (Agencywide Documents Access and Management System

[ADAMS] Accession No. ML20353A275), March 10, 2021 (ADAMS Accession No. ML21097A170), May 10, 2021 (ADAMS Accession No. ML21144A117), and July 1, 2021 (ADAMS Accession No. ML21194A149) about the evaluation of impacts to historic properties.

The NRC staff reviewed two cultural resource investigations conducted at the CFFF site, which identified one aboveground resource, site # 171-3577, depicted as a linear canal feature. A search in ArchSite indicated that there are 60 aboveground resources located within 8 km (5 mi) of the CFFF site boundary, with two located within 1.6 km (1 mi) of the CFFF site boundary.

ArchSite also indicated that there are five NRHP-listed aboveground resources within 8 km (5 mi) of the CFFF site boundary; but none of these resources are located within 1.6 km (1 mi) of the CFFF site boundary. While not listed in ArchSite, the Denley Cemetery was discovered on the CFFF site in 2003 and has been fenced off by the WEC.

A more detailed discussion of the identifications efforts is provided in Sections 3.9.1 and 3.9.2 of the DEIS.

Determination of Effects The WEC has not requested changes to its licensed operations or construction of buildings and structures that would result in significant land disturbances. Over the course of the proposed 40-year renewal license term the WEC could need to conduct ground-disturbing activities under the purview of the NRC license. Some of these activities might require a license amendment, in which case the NRC staff would evaluate the potential impacts on historic and cultural resources of that action at that time.

Additionally, the WEC has been installing new monitoring wells and borings in support of the remedial investigations being conducted as part of the implementation of the CA to address known onsite water and soil contamination. As previously discussed, installation of these wells is anticipated to be short-term and involve minimal land disturbance. Future ground-disturbing activities such as well installation and contaminated soil remediation could occur within disturbed areas of the CFFF site, however, soils in these areas have been extensively disturbed by past construction and operation of the CFFF. Therefore, potential impacts on historic and cultural resources are unlikely given the low potential for previously unidentified intact archaeological resources to be present in these areas.

Current and future ground-disturbing activities associated with the WECs implementation of the CA are also occurring in previously undisturbed areas and are currently limited to the installation of groundwater monitoring wells and collection of soil samples. The WEC has established site-wide procedures and provisions (ADAMS Accession No. ML21144A117) with the goal of avoiding and minimizing impacts on historic and cultural resources in the conduct of all ground-disturbing activities including those being conducted as part of the implementation of the CA.

The procedures direct personnel to conduct ground-penetrating radar or another applicable alternative method to identify potential subsurface cultural resource anomalies prior to starting any work in undisturbed areas of the CFFF site. The procedures also include stop work and notification to the South Carolina SHPO processes to follow in the event of an unanticipated discovery of cultural resources or human remains. Additionally, the procedures require that a qualified professional archaeologist investigate any finds to determine the potential significance of the find and consult with the South Carolina SHPO on additional actions, which may include

E. Johnson 5 further archaeological investigations or consultation with Indian Tribes. The WEC also developed a cultural resources training module provided to all employees and contractors conducting ground-disturbing activities.

The WEC also proposes to conduct a cultural resource survey within the CFFF site to identify historic properties in a manner that would further avoidance of or minimize potential future impacts. A qualified professional would perform the survey. The WEC is coordinating with the South Carolina SHPO.

Additionally, the NRC staff also determined that indirect effects (atmospheric, auditory, and visual effects) to historic properties are not anticipated to be significant or adverse as discussed in Section 3.9 of the DEIS.

As discussed above and in accordance with 36 CFR 800.4(d)(1), the NRC staff is confirming its effects determination with the South Carolina SHPO that no historic properties would be affected by the proposed license renewal. Please provide your response within 30 days of receipt of this letter to Ms. Jessie M. Quintero via e-mail at Jessie.Quintero@nrc.gov.

The DEIS is publicly accessible from the NRCs ADAMS using ADAMS accession number ML21209A213. ADAMS is accessible from the NRC website at http://www.nrc.gov/reading-rm/adams.html. Additionally, the DEIS can be accessed using the following link:

https://www.nrc.gov/docs/ML2120/ML21209A213.pdf, and from the NRC webpage for the WECs CFFF at https://www.nrc.gov/info-finder/fc/westinghouse-fuel-fab-fac-sc-lc.html. The DEIS is also available for a 45-day public comment period. The NRCs notice providing instructions on how to submit comments appeared in the August 6, 2021, Federal Register (86 FR 43276). The NRC staff plans to conduct a virtual public meeting on August 26 to receive comments on the DEIS. The meeting information is available in the NRCs Federal Register Notice.

Should you have any questions, please contact Ms. Diana Diaz-Toro of my staff by telephone at 301-415-0930 or via email at Diana.Diaz-Toro@nrc.gov.

In accordance with 10 CFR 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. ADAMS is accessible from the NRC Web site at http://www.nrc.gov/reading-rm/adams.html.

Sincerely, Signed by Quintero, Jessie on 08/06/21 Jessie M. Quintero, Chief Environmental Review Materials Branch Division of Rulemaking, Environmental, and Financial Support Office of Nuclear Material Safety and Safeguards

E. Johnson 6 Docket No. 70-1151 License No. SNM-1107 cc: Roberto Pando-Munoz, South Carolina SHPO rpando@scdah.sc.gov

Enclosures:

1. Aerial view and site license boundary of the Columbia Fuel Fabrication Facility
2. Previously Disturbed Areas of CFFF (ADAMS Accession No. ML21144A121)

Figure 1. Aerial View of the Columbia Fuel Fabrication Facility Site and Facilities Source: Presentation by C. Alstadt, "Columbia Fuel Fabrication Facility Post-Fukushima," at the 2012 Fuel Cycle Information Exchange, June 12-13, 2012, Washington, D.C. ADAMS Accession No. ML12160A197 Figure 2. Columbia Fuel Fabrication Facility License Site Boundary (Source: Modified from Google Earth)

Enclosure 1