[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 
[email protected].

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.


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    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