ML26026A103

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Section 106 Consultation - Nj SHPO Response
ML26026A103
Person / Time
Site: Oyster Creek
Issue date: 01/15/2026
From: Marcopul K
State of NJ, Dept of Environmental Protection, State of NJ, Historic Preservation Office
To: Desiree Davis
Office of Nuclear Material Safety and Safeguards
References
Download: ML26026A103 (0)


Text

PHILIP D. MURPHY Governor TAHESHA L. WAY Lt. Governor SHAWN M. LATOURETTE Commissioner DEPARTMENT OF ENVIRONMENTAL PROTECTION COMMUNITY INVESTMENT AND ECONOMIC REVITALIZATION HISTORIC PRESERVATION OFFICE 501 East State Street P.O. Box 420, Mail Code 501-04B Trenton, New Jersey 08625-0420 Tel. (609) 940-4312 Fax (609) 984-0578 www.nj.gov/dep New Jersey is an Equal Opportunity Employer. Printed on Recycled Paper and Recyclable.

January 15, 2026 Desiree Davis, Acting Chief Environmental Technical Review Branch 1 U.S. Nuclear Regulatory Commission Office of Nuclear Materials Safety and Safeguards VIA EMAIL, Desiree.Davis@nrc.gov

Dear Mr. Goldstein:

As Deputy State Historic Preservation Officer for New Jersey, in accordance with 36 CFR Part 800:

Protection of Historic Properties, as published in the Federal Register on December 12, 2000 (65 FR 77725-77739) and amended on July 6, 2004 (69 FR 40553-40555), I am providing consultation comments on the following proposed undertaking:

Ocean County, Lacey Township Oyster Creek Nuclear Generating Station License Termination Plan U.S. Nuclear Regulatory Commission Summary (NEW SHPO OPINION): The HPO finds that the Oyster Creek Nuclear Generating Station is eligible for listing in the New Jersey and National Registers of Historic Places. The proposed undertaking involves the approval of a license termination plan that would release the majority of the site for unrestricted use, resulting in an adverse effect on historic properties. The HPO looks forward to continuing consultation regarding the resolution of adverse effects pursuant to 36 CFR 800.6.

The comments below are in reply to your letter and supporting documentation, including the Historical Site Assessment and License Termination Plan, received in the Historic Preservation Office (HPO) on August 21, 2025, as well as the following cultural resources report, received in this office on December 17, 2025:

Herling, Bryan, Allen Kent, and Ashley Parham March 2025 Technical Report, Architectural History Survey of Oyster Creek Nuclear Generating Station, Ocean County, New Jersey. Prepared for Enercon, Kennesaw, GA. Prepared by SEARCH LLC, Orlando, FL.

According to your correspondence, the U.S. Nuclear Regulatory Commission (NRC) is considering approval of a license termination plan (LTP) for Oyster Creek Nuclear Generating Station (NGS).

Approval of the LTP would establish criteria that, if met, would result in the release of a majority of the Oyster Creek NGS site for unrestricted use. A small portion of the site used for the dry storage of spent nuclear fuel would remain under the NRC license.

HPO Project #25-2028-2 Doc ID HPO-A2026-137 PROD

HPO Project #25-2028-2 Doc ID HPO-A2026-137 PROD Page 2 of 3 800.4 Identification of Historic Properties Historic Architecture The above-referenced architectural survey report delineated the area of potential effects (APE) as including the Oyster Creek NGS licensed operational area. Two known historic properties were identified within the APE: the South Branch of the Forked River Trestle (COE 9/10/2009) and the Oyster Creek Trestle (COE 9/10/2009). Both of these structures are historically associated with the Barnegat Bay Railroad and are significant under National Register Criterion C in the area of Engineering as rare surviving examples of wooden trestle railroad bridges.

The report also included an architectural survey of the Oyster Creek NGS. Built by Jersey Central Power & Light (JCP&L), the facility was constructed between 1964 and 1969 as the first nuclear power plant in New Jersey. According to the U.S. Department of Energy, Oyster Creek NGS was also the first nuclear power plant selected on purely economic grounds without government aid and in direct competition with a conventional [power] facility (https://www.energy.gov/lm/timeline-events-1951-1970). The facility includes the reactor/turbine building complex and various support structures, as well as an intake/discharge canal and a reservoir. According to the survey, eight buildings constructed prior to 1980 have been demolished since the reactor was shut down in 2018.

According to the survey, the Oyster Creek NGS was the first nuclear plant constructed in New Jersey but not the first in the region and is therefore not recommended eligible for listing on the New Jersey and National Registers of Historic Places under Criterion A. It is also not recommended eligible under Criterion C because it lacks a significant concentration of buildings and structures unified historically by plan or physical development. The HPO respectfully disagrees with this assessment.

It is my opinion as Deputy State Historic Preservation Officer that the Oyster Creek Nuclear Generating Station is eligible for listing on the New Jersey and National Registers of Historic Places under Criterion A in the area of Industry for its associations with the evolution of power generation in New Jersey. The Oyster Creek NGS represents the earliest effort by a commercial entity (JCP&L) to build a nuclear power plant for power generation without government subsidies and in direct competition with existing electrical plants. It is significant at the state level with a period of significance spanning the complexs construction from 1965 to 1969.

The property boundary includes Block 1001, Lot 4.02 in its entirety and the portion of Block 1001, Lot 4.06 containing the associated electrical substation, as well as the discontiguous auxiliary reservoir located 0.45 miles upstream. Contributing resources include the reactor/turbine building complex, old rad waste, diesel generator building, canal and intake structure, electrical substation west of the canal, and auxiliary reservoir. Although the complex has evolved since its initial construction, with the replacement of some earlier buildings and other new construction, these changes are endemic to the property type and do not impact the most significant resource at the site, the reactor/turbine building complex. As such, the Oyster Creek NGS has a moderate to high integrity of location, setting, design, materials, and association. This is a new SHPO Opinion.

Archaeology The property (Block 100, Lot 1.05) contains the Oyster Creek Paleoindian Spot Find Archaeological Site (28-Oc-249), which is eligible for inclusion on the New Jersey and National Registers of Historic Places (SHPO Opinion 12/12/2022). However, the dismantling, excavation, and decommissioning of the existing built portions of the facility has only a low potential to affect any intact archaeological resources. Unimproved surface areas within 250-feet of Oyster Creek and South Branch of Forked River, along with their associated wetlands, still hold high archaeological sensitivity. These areas would require archaeological consideration for any facility abandonment ground disturbing activities if needed as part of any future undertaking.

Based on the information above, no additional consideration of archaeological resources is recommended for the undertaking as currently defined. Please consult with the HPO in the future for any ground disturbing activities beyond the existing built and impervious portions of the facility.

HPO Project #25-2028-2 Doc ID HPO-A2026-137 PROD Page 3 of 3 800.5 Assessment of Adverse Effects According to your correspondence, the NRC is considering approval of a license termination plan (LTP) for the Oyster Creek NGS that would result in the release of a majority of the site for unrestricted use. According to the LTP, the site remediation actions will include dismantlement and demolition activities. As a result, it is the opinion of the HPO that the proposed undertaking will have an adverse effect on historic properties. The HPO looks forward to continued consultation regarding the resolution of adverse effects pursuant to 36 CFR 800.6.

Report Editorial Comments The above-referenced architectural survey does not comply with the HPOs Guidelines for Architectural Survey. The report does not contain architectural survey forms for the surveyed buildings or a historic district overlay describing the complex in its entirety. The report also lacks several key illustrations to assist the reader in understanding the sites evolution, including an aerial or site map identifying the locations of buildings demolished between 2018 and 2025, and an aerial or site map identifying all existing buildings within the Oyster Creek NGS complex, including those less than 50 years of age.

Additional Comments Thank you for providing the opportunity to review and comment on the potential for the above-referenced undertaking to affect historic properties. The HPO looks forward to continued consultation regarding the resolution of adverse effects. Please reference the HPO project number 25-2028 in any future calls, emails, submissions, or written correspondence to help expedite your review and response. If you have any questions, please feel free to contact Vincent Maresca of my staff at vincent.maresca@dep.nj.gov regarding archaeology, or Jennifer Leynes at jennifer.leynes@dep.nj.gov regarding historic architecture and landscapes.

Sincerely, Katherine J. Marcopul Deputy State Historic Preservation Officer cc, via email:

Beau Goldstein, NRC Isaac Johnston, NRC KJM/MMB/VM/JBL