[Federal Register Volume 62, Number 95 (Friday, May 16, 1997)]
[Notices]
[Pages 27103-27106]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-12846]
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TENNESSEE VALLEY AUTHORITY
Proposed Construction of United States Penitentiary, Lee
Pennington Gap, Virginia
AGENCY: Tennessee Valley Authority.
ACTION; Issuance of record of decision.
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SUMMARY: This notice is provided in accordance with the Council on
Environmental Quality's (CEQ) regulations (40 CFR 1500 to 1508) and
TVA's implementing procedures. TVA has decided to adopt the preferred
alternative in the U.S. Department of Justice, Federal Bureau of
Prisons' final environmental impact statement (FEIS), ``Final
Environmental Impact Statement, United States Penitentiary, Lee,
Pennington Gap, Virginia.'' The FEIS was made available to the public
in October 1996. A Notice of Availability of the FEIS was published by
the Environmental Protection Agency in the Federal Register on October
25, 1996 (61 FR 55294). The preferred alternative is to construct and
operate a high-security United States Penitentiary
[[Page 27104]]
(USP), a minimum-security Federal Prison Camp (FPC), and other related
ancillary facilities near the town of Pennington Gap, in central Lee
County, Virginia. Related actions by Lee County, addressed as part of
the preferred alternative, include providing property and water supply
and wastewater treatment facilities for the proposed prison facilities.
To stimulate economic expansion, encourage job creation, and
leverage capital investment in the TVA power service area, TVA has
decided to provide a $2,000,000 loan to Lee County, Virginia, to assist
in funding the county's actions related to the federal prison
facilities near Pennington Gap. The loan will be used by Lee County to
purchase a 288 acre (116 hectare) tract of land for the site of the
proposed prison and to design the water supply and sewage treatment
facilities for the prison. This loan will provide temporary (up to 12
month term) financing in anticipation of other federal (non-TVA) and
state funding.
FOR FURTHER INFORMATION CONTACT: Linda Oxendine, Ph.D., NEPA
Specialist, Tennessee Valley Authority, 400 West Summit Hill Drive,
Mailstop WT 8C, Knoxville, Tennessee 37902, (423) 632-3440 or e-mail at
lboxendine@tva.gov.
SUPPLEMENTARY INFORMATION: In October 1996, the Federal Bureau of
Prisons released a FEIS on the proposed construction and operation of a
high-security United States Penitentiary (USP), an adjacent minimum-
security Federal Prison Camp (FPC), and other related ancillary
facilities near the town of Pennington Gap, in central Lee County,
Virginia. Included in the EIS were related activities by Lee County to
provide property at Pennington Gap and water supply and wastewater
treatment facilities for the project. In August 1996, as the Bureau was
completing the FEIS, TVA received a request from Lee County for a
$2,000,000 Economic Development Loan to assist in funding its actions
related to the prison facilities. Therefore, TVA was not a cooperating
agency in the preparation of the Federal Bureau of Prisons EIS. In
accordance with CEQ regulations, following the determination that the
FEIS adequately addressed TVA's action and was still generally
available, TVA announced its decision to adopt the FEIS on March 27,
1997. A Notice of Adoption of the FEIS was published in the Federal
Register by the Environmental Protection Agency on April 4, 1997 (62 FR
16154).
The prison facilities will be located on an approximately 288 acre
(116 hectare) tract of land at the junction of U.S. Route 58 and VA
Route 638 approximately eight miles (13 kilometers) south of Pennington
Gap. The USP will house approximately 1,000 high-security inmates,
while the FPC will house approximately 300 minimum security inmates.
Inmates will come primarily from the Mid-Atlantic and Southeastern
portions of the country. Other related facilities include staff
training and administrative facilities, a prison industry facility, a
central utility plant, and water supply and wastewater treatment
facilities for the project.
The proposed prison facilities are needed to relieve the critical
levels of overcrowding at the Federal Bureau of Prisons' high-security
facilities which are extended beyond their critical limits and to
provide space for the substantial number of cases awaiting
redesignation to high-security facilities pending available bedspace.
The facilities are needed even with the addition of high-security
facilities planned for Beaumont, Texas, and Pollock, Louisiana.
Alternatives Considered
The following alternatives were considered by the Federal Bureau of
Prisons and evaluated in the FEIS. These alternatives were designed to
address comments received during the scoping process and to minimize
potentially adverse environmental effects. Alternatives evaluated
include the no action alternative, use of closed or scheduled to be
closed military installations in the region pursuant to Section 20413
of the Violent Crime Control and Law Enforcement Act of 1994, and six
alternative non-federally owned sites within Lee County. As reflected
in the EIS, alternative sites were screened to determine their
suitability against the anticipated site development requirements for a
correctional facility and to identify potential environmental issues to
be addressed.
Alternative A: No-Action
The proposed prison facilities would not be constructed at any
location. Current overcrowding of high-security prisons within the
Federal Prison System would continue. This alternative would not result
simply in the continuation of the status quo. Eventually, action to
address present and future overcrowding in high-security facilities
would be required.
Alternative B: Use of Federally-Owned Sites
The Bureau conducted a review of Federally-owned sites in Virginia
considered to be in reasonable proximity to metropolitan areas and
which have (or could be expected to be provided with) the required
utility services at reasonable cost. The review consisted of
consultations with relevant agencies, including the General Services
Administration (GSA), the Resolution Trust Corporation (RTC), and
government officials of the Southwestern Virginia area. Department of
Defense properties declared or likely to be declared excess were
included in the GSA consultations. No military installations closed or
scheduled to be closed were identified in the Southwestern Virginia
area that warranted consideration pursuant to the Violent Crime Control
and Law Enforcement Act.
Two facilities in Virginia are included on the lists addressed by
the Violent Crime Control and Law Enforcement Act. Use of all or any
portion of these military installations was considered to determine if
their use would provide a cost-effective alternative to the acquisition
of privately-owned property for the consideration of the proposed
facility. The Bureau considered these properties not suitable for
Bureau use and thus not reasonable alternative sites for the proposed
prison facilities.
Alternative C: Use of Non-Federally-Owned Sites
Non-Federally-owned sites potentially available for acquisition in
Southwestern Virginia and located in communities which indicated a
willingness to accommodate such a facility were identified through
consultations with local government officials.
Six properties were identified as potential sites for the proposed
action as indicated by the Final EIS. All six sites were screened to
determine their suitability (See p. II-14 of the FEIS). Screening
activities included visual surveys and consultations with local
planning and development officials. Site specific reconnaissance
activities included visual inspection of the sites and observations in
regard to current land uses at the sites and adjacent properties.
Readily available documentation relating to the sites and surrounding
environments was assembled including master plans, system utility data,
environmental and historic features, and other relevant information.
Each alternative site is examined in detail in the draft and the FEIS.
Based on comparison of the Lee County sites, the Pennington Gap
site was chosen for more detailed review and identified by the Bureau
as the
[[Page 27105]]
preferred alternative. The Bureau's selection of the Pennington Gap
Site was based on environmental, engineering, and economic
considerations as well as the ease of regional access offered by the
site and the availability of planned utility improvements and other
considerations.
Environmentally Preferred Alternative
TVA considers Alternative C, locating the prison facilities at
Pennington Gap, to be the environmentally preferable alternative as
required under 40 CFR 1505.2(b). This determination is based on the
nature of the existing environment, the need to relieve overcrowding at
high-security facilities in the Mid-Atlantic and Southeastern portions
of the country, and the potential impacts to the physical, biological,
and social environments as described in the EIS. The substantial
economic investment of funds into the construction and operation of the
prison facilities will greatly expand the economic base of Lee County.
The no action alternative has the least impact on the physical and
biological environments as no disturbance would occur, but it does not
address the overcrowding and economic benefits. Based on cost analysis,
no military property was considered to be a reasonable alternative. Of
the alternative non-federally owned sites, the Pennington Gap site
would have the least impact on the physical and biological environments
and provide regional access and the availability of planned utility
improvements.
Basis for Decision
TVA has decided to adopt the Pennington Gap alternative which was
identified in the Federal Bureau of Prison's FEIS as the preferred
alternative. TVA will provide an Economic Development Loan to Lee
County in the amount of $2,000,000 to purchase the property for the
project and to design the water supply and wastewater treatment
facilities. TVA bases its decision on the economic development benefits
of the project and its less-than-significant impact on the environment.
Economic development benefits include over 300 new jobs and
approximately 150 indirect jobs for the local area, with an annual
payroll of $17.5 million of which $8.2 million would represent take-
home wages. Additionally, the facilities will have an electric service
capacity of 3.5 megawatts and an annual electric energy use of 16
million kilowatt-hours.
TVA concurs with the Bureau's determination that development of the
Pennington Gap site will result in less-than-significant environmental
impacts to the immediate project site and the surrounding community
while providing benefits to the area's economy.
Environmental Consequences and Commitments
The Pennington Gap project will be similar in scale to a light
industrial park or secondary school. Most buildings will be one-to
four-story structures and will provide multi-purpose activity space,
with areas divided according to function. Functional groupings will
include administration, services, housing, religion, education,
recreation, prison industries, and utilities. Detailed information
describing project design, construction, and operations is included in
the FEIS.
Construction and operation of the proposed project is not expected
to have significant environmental impacts to the immediate project site
and surrounding local communities. Those communities, including the
towns of Pennington Gap and Jonesville, Lee County, and the surrounding
area will benefit economically from having the proposed project located
in the area. Project construction is estimated to cost approximately
$90 million which can be expected to substantially increase the number
of construction jobs available in the local area. Project construction
will also provide opportunities for local companies to provide
materials and supplies for the project.
Based on environmental analysis described in the EIS, no
significant environmental impacts are anticipated to the area's land
use patterns, utility services, and traffic and transportation
movements to and from the proposed site. Additionally, the project is
not expected to have significant impacts on noise, air quality, water
quality, topographic conditions, aesthetics, wetland conditions, and
endangered wildlife species.
Development of the site will require the disturbance of
approximately 100 acres (40 hectares) or approximately 35 percent of
the site. The area to be disturbed during construction includes the
more level areas of open fields and hedgerows located within the
eastern portion of the site. This will permit the more sensitive areas
and habitats on the site to be avoided, specifically wetlands on the
northern portion and Litton Cave No. 1 to the southeast.
To ensure that environmental impacts are minimized throughout the
construction and operation of the project, the Bureau will conduct
additional subsurface investigations during project design, focusing
attention upon the movement of water from the site to the groundwater
system and its potential for impacts upon water quality and subsidence.
The Bureau will also specify methods to control and detect leakage from
water and sewer lines during the planning and design, material
specification, and construction of such lines to avoid leakage. In
addition, the Bureau has prepared a conservation management plan for
the continued maintenance and protection of the Litton Cave No. 1. The
management plan will be implemented during the construction and
operating phases of the project.
The proposed action to build the facilities, in concert with other
actions, will contribute substantially to the efficient operation of
the national criminal justice system. Secondary benefits on the area's
economy will also be realized. Once the USP becomes operational, the
annual operating budget is estimated to be approximately $25 million.
Much of this amount can be expected to flow directly into the local
economy through employee salaries, local service contracts and the
purchases of utilities, goods and services. The facility will rely on
public utility providers for the provision of water supply and
wastewater treatment services. Positive economic benefits will accrue
to these utility providers as a result. All plans for the provision of
services and expansion of capacities will be fully coordinated with all
appropriate officials. Provision of water supply and wastewater
treatment services to serve the proposed project may allow indirect or
secondary development impacts in the area. However, the limited
development activity at the existing Lee County Industrial Park, given
the availability of water and wastewater treatment facilities at the
park, suggest that little, if any, additional development will occur.
Based on input from local and regional planning officials, any indirect
or secondary development impacts that may result are considered to be
consistent with land use and economic development goals and objectives
of the area.
Potentially adverse direct and indirect impacts, including
construction-related impacts will be controlled, mitigated or avoided
using all practicable means. All plans and specifications for the
design and construction of the proposed facilities will include
protective measures to minimize adverse affects during the construction
phase of the project.
[[Page 27106]]
Dated: May 8, 1997.
Robert K. Johnson, Jr.,
General Manager, Business Systems Economic Development.
[FR Doc. 97-12846 Filed 5-15-97; 8:45 am]
BILLING CODE 8120-01-P
