[Federal Register Volume 65, Number 217 (Wednesday, November 8, 2000)]
[Notices]
[Pages 67033-67036]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-28670]


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TENNESSEE VALLEY AUTHORITY


Tims Ford Reservoir Land Management and Disposition Plan, 
Franklin and Moore Counties, Tennessee

AGENCY: Tennessee Valley Authority (TVA).

ACTION: Issuance of Record of Decision.

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SUMMARY: This notice is provided in accordance with the Council on 
Environmental Quality's regulations (40 CFR 1500 to 1508) and TVA's 
procedures implementing the National Environmental Policy Act. TVA and 
the Tennessee Department of Environment and Conservation (TDEC) have 
jointly prepared a comprehensive Land Management and Disposition Plan 
involving both state and federally-owned properties on Tims Ford 
Reservoir. On August 29, 2000, the TVA Board of Directors decided to 
adopt the preferred alternative (Balanced Land Development with 
Conservation Partnership) identified in the Final Environmental Impact 
Statement (EIS), Tims Ford Reservoir Land Management and Disposition 
Plan. A Notice of Availability of the Final EIS was published in the 
Federal Register on July 7, 2000. Under the adopted land plan, TVA 
seeks to balance regional development needs with resource conservation 
on shoreline property. Of the 6,453 acres of federal and state lands on 
the reservoir which are available for allocation, 5,532 acres would be 
allocated to resource conservation, sensitive resource management, TVA 
project operation, or recreation uses; 888 acres would be allocated for 
residential development or commercial development uses, and 33 acres 
would be allocated for a Conservation Partnership approach which would 
seek to create a wider shoreline buffer in exchange for limited 
community water use facility access.

FOR FURTHER INFORMATION CONTACT: Harold M. Draper, NEPA Specialist, 
Environmental Policy & Planning, Tennessee Valley Authority, 400 West 
Summit Hill Drive, WT 8C, Knoxville, Tennessee 37902-1499; telephone 
(865) 632-6889 or e-mail [email protected].

[[Page 67034]]


SUPPLEMENTARY INFORMATION: Tims Ford Reservoir was completed in 1970 by 
TVA for the purposes of flood control, hydroelectric generation, 
recreation, and economic development. The reservoir is 34 miles long at 
full pool. There are approximately 250 miles of shoreline at normal 
summer pool (NSP). Following completion of the reservoir, the Tennessee 
Elk River Development Agency (TERDA), a state agency, developed 
subdivisions and recreational facilities on reservoir properties 
between 1970 and 1996. In 1996, the Tennessee General Assembly passed 
Public Chapter 816, which terminated TERDA and transferred all powers, 
duties, contractual obligations, functions and remaining land interests 
of the agency to TDEC. TDEC and TVA agreed by contract in 1998 to 
develop a comprehensive land management and disposition plan to 
determine specific uses of reservoir lands. This EIS and land 
management plan are in fulfillment of that contract. Originally, 21,863 
acres of land were acquired for the Tims Ford Project. Reservoir 
acreage above NSP was 11,183. Subsequent transfers and sales of land 
for various commercial, industrial, residential, and recreational uses 
have resulted in a current balance of 6,453 acres of project lands 
above NSP. These lands are divided in ownership between TVA (1,854 
acres) and TDEC (4,599 acres).
    TVA and TDEC announced their proposal to prepare a Tims Ford Land 
Management Plan in October 1998 and held public scoping meetings on 
November 9, 1998 in Winchester, Tennessee and November 10, 1998 in 
Fayetteville, Tennessee. Written comments also were requested through 
publication of a notice in a newspaper and a website. As land 
allocation and scoping for the land plan developed, it became evident 
that increased levels of residential development would result from some 
of the alternatives. Accordingly, the agencies determined that an EIS 
would allow better understanding of the impacts of the various 
alternatives. On July 22, 1999, TVA issued a Notice of Intent to 
prepare an EIS on alternatives for a land management plan at Tims Ford 
Reservoir. The Notice of Intent indicated that additional comments on 
the scope of issues to be addressed could be submitted in writing or 
through a website. These comments and previous comments from the 1998 
scoping period were analyzed to determine the issues and alternatives 
to be considered in the EIS. A Notice of Availability for the Draft EIS 
was published in the Federal Register on November 12, 1999. TVA and 
TDEC subsequently held public meetings in Winchester, Tennessee on 
November 30, 1999 and Tullahoma, Tennessee on December 2, 1999 to 
discuss the draft EIS and solicit comments on the draft. Comments were 
received at public meetings and by written responses thereafter from 
268 people, agencies, and organizations. After considering all 
comments, the Final EIS was completed and distributed to commenting 
agencies and the public. A Notice of Availability for the Final EIS was 
published on July 7, 2000.

Alternatives Considered

    TVA initially considered four alternatives, including no action, 
for allocation of Tims Ford lands. The action alternatives were 
characterized as ``Balanced Land Development and Conservation,'' 
``Maximum Land Development,'' and ``Maximum Land Conservation.''
    The alternatives were designed to vary in the amount of land 
allocated for residential development and for residential shoreline 
access. In response to public comments on the Draft EIS, TVA developed 
a fifth alternative, designated ``Balanced Land Development with 
Conservation Partnership.'' This alternative was designed to allow 
increased reservoir access while providing additional shoreline 
protection.
    Under Alternative A, the No Action Alternative, TVA and TDEC would 
not adopt a jointly prepared plan. In the absence of a plan, TVA and 
TDEC would proceed with disposition or management of properties on a 
case-by-case basis. Because no joint plan would exist, the project 
lands could be considered for a variety of uses. More than likely, some 
amount of shoreline property (up to 45 percent of project lands) could 
eventually be considered for residential or commercial uses. About 22 
percent already has been transferred to the state and local governments 
for recreational usage or are currently being used for recreational 
purposes such as parks and marinas. Those tracts (9 percent of project 
lands) identified during the planning process as containing rare 
species, wetlands, cultural resources, or unique natural features would 
likely be maintained in a protective category to facilitate TVA's and 
TDEC's compliance with laws relating to protection of sensitive 
resources. Approximately 20 percent of project lands would likely be 
managed for natural resource conservation because it has been deemed in 
the current planning process as not suitable or capable for 
development. The remaining 4 percent would be retained for use as TVA 
dam reservation (TVA project operation).
    Under Alternative B, Balanced Land Development and Conservation, 
parcels totaling 938 acres would be available for residential 
development or residential access, with the rest of project lands 
allocated to natural resource-oriented and recreational uses. 
Cumulatively, 25 percent of project lands would be allocated to 
residential uses, 25 percent to recreation uses, and 36 percent to 
natural resource-oriented uses. As in Alternative A, approximately 9 
percent of project lands would be allocated to sensitive resource 
management, and 4 percent to TVA project operations. Alternative B was 
identified as the agencies' preferred alternative in the Draft EIS.
    Under Alternative B1, Balanced Land Development with Conservation 
Partnership, TVA modified Alternative B to respond to comments received 
on the draft EIS and plan. One parcel of 128 acres, which was 
previously allocated to residential development, was changed to a 
natural resource management allocation. In addition, a new zone was 
created, designated ``conservation partnership,'' for certain narrow 
shoreline strips of public land. On Tims Ford Reservoir, the agencies 
found numerous locations where the public land was narrow and does not 
provide sufficient conservation buffer to preserve water quality, 
conserve shoreline habitat, protect shorelines from long-term erosion, 
or retain shoreline aesthetics. It has also been TVA's experience that 
due to the close proximity of private lands to the lake, these narrow 
public land strips present unique management problems. Many of those 
who commented on the draft EIS stated that because of the close 
proximity of their property to the water's edge, they had an 
expectation of gaining water access under previous management policies. 
In the new zone, TVA would consider granting water access in the form 
of limited community water use facilities in exchange for a wider 
shoreline buffer zone. Cumulatively, Alternative B1 would result in 24 
percent of project lands being allocated to residential uses, 25 
percent to recreation, 37 percent to natural resource management, 9 
percent to sensitive resource management, and 4 percent to project 
operations. Although the acreage difference between Alternative B and 
B1 is small, approximately 9 additional shoreline miles would be open 
for consideration of requests for community docks under Alternative B1. 
Alternative B1 was

[[Page 67035]]

identified as the agencies' preferred alternative in the Final EIS.
    Under Alternative C, Maximum Land Development, all parcels would be 
allocated for development except those that do not meet suitability and 
capability criteria, contain sensitive resources, or are less than 20 
acres. This would result in 1,764 more acres of residential development 
than alternative B1. Cumulatively, residential development would 
encompass 41 percent of project lands, recreational development 25 
percent, natural resource management 20 percent, sensitive resource 
management 9 percent, and TVA project operations 4 percent.
    Under Alternative D, Maximum Land Conservation, no new development 
would occur outside of existing areas. All undeveloped lands would be 
considered unsuitable for development and would be allocated for 
natural resource conservation. This would result in 1,087 more acres 
allocated to natural resource conservation than alternative B1. 
Cumulatively, 17 percent of project lands would be allocated to 
residential development, 22 percent to recreation, 48 percent to 
natural resource management uses, 9 percent to sensitive resource 
management, and 4 percent to TVA project operations.
    The EIS considered the environmental consequences of the 
alternatives on a wide variety of environmental resources. Under any 
alternative, sensitive resources such as endangered and threatened 
federal and state-listed species, cultural resources, and wetlands 
would be protected. Adoption of Alternative B1 would balance the 
competing demands of development and conservation. Development 
activities would cause the potential for adverse environmental impacts. 
However, through the inclusion of environmental safeguards to address 
water quality, ground water, riparian wildlife habitat, and parcel-
specific protection measures, these impacts would be minimized.
    During the EIS process, TVA also consulted with the Tennessee State 
Historic Preservation Officer (SHPO), The Eastern Band of Cherokee 
Indians (EB), the United Keetoowah Band, the Cherokee Nation of 
Oklahoma, the Tennessee Commission of Indian Affairs, the Muscogee 
(Creek) Nation of Oklahoma, and the Poarch Band of Creek Indians on the 
identification and evaluation of historic properties within the Area of 
Potential Effect for the Tims Ford Land Plan. Following release of the 
Final EIS, TVA, TDEC, SHPO, and EB executed a Memorandum of Agreement 
stipulating measures that will be carried out by TVA and TDEC prior to 
the commencement of ground-disturbing activities. This agreement allows 
phased identification, evaluation, and treatment of historic 
properties, and requires that prior to the transfer of the lands to 
third parties, TVA and TDEC will ensure that a preservation covenant to 
protect historic properties is included. These measures ensure that the 
effects of the Tims Ford Reservoir Land Management and Disposition Plan 
on historic properties have been taken into account.

Response to Comments on Final EIS

    Appendix B of the Final EIS contains summaries of and responses to 
the comments TVA received during the Draft EIS process. TVA received 
comments from 268 individuals and organizations. TVA gave the public 
the opportunity to provide comments on the Final EIS, which included 
the Conservation Partnership approach.
    A total of 7 individuals commented on the Final EIS. Most of these 
comments were from property owners seeking to clarify whether they had 
access to the water, or seeking to appeal allocation decisions in the 
final EIS. TVA plans to consider those requests that are consistent 
with the land plan.
    EPA also commented on the final EIS. Based on their review of the 
document, they stated that their ordered preferences for alternatives 
would be D, B1, B, and C. EPA stated that they would not oppose B1 as 
long as all development is consistent with the TVA Shoreline Management 
Initiative EIS/ROD, state water quality and other regulations as well 
as federal statutes associated with delegated programs, and as long as 
plan implementation is monitored for environmental impacts. EPA also 
commented on the environmental impacts of residential development for 
water quality, recreation, and TVA's grandfathering approach to 
existing docks. TVA agrees that residential development would need to 
be carefully monitored for compliance with existing regulations to 
avoid adverse water and air quality impacts.

Decision

    The TVA Board decided to adopt the Tims Ford Land Management and 
Disposition Plan as described in Alternative B1 on August 29, 2000. The 
Tennessee State Building Commission decided to adopt the plan as 
described in Alternative B1 on September 14, 2000. TVA believes that 
Alternative B1 appropriately balances residential shoreline 
development, recreation use, and resource conservation needs in a way 
that maintains the quality of life and other important values 
associated with Tims Ford Reservoir. It recognizes the reality that 
previous decisions have already allowed residential development on 
portions of the shoreline, and previous management has created 
``expectations'' for water access among those with shoreline property. 
It uses logical criteria for determining which stretches of shoreline 
could have water access, based on past decisions made by the agencies 
or on distance between the private property line and NSP. It provides a 
new zone involving partnerships for conservation that would result in 
the creation of wider shoreline buffers and more protection for water 
quality and riparian habitats. Finally, it makes an allocation change 
that would result in additional lands at the lower end of the reservoir 
being dedicated to natural resource conservation.
    Like the other alternatives considered, Alternative B1 sets aside 
parcels containing sensitive resources and habitats in the Sensitive 
Resource Protection and Natural Resource Conservation categories. Even 
for lands that were considered suitable for and capable of development, 
Alternative B1 adopts commitments that would further minimize the 
potential for adverse impacts to the environment. These commitments are 
listed below, under Environmental Commitments.

Environmentally Preferable Alternative

    TVA has concluded that Alternative D, which would allow no new land 
development outside of existing areas, is the environmentally 
preferable alternative. However, the authorizing legislation for Tims 
Ford Reservoir, the state legislation transferring lands to TDEC, and 
the local governments encourage the use of portions of the reservoir 
lands to foster the economic development of the area. TVA believes that 
Alternative B1 helps to meet the multiple objectives of the Tims Ford 
project, and would result in substantially better environmental 
protection than previous shoreline development practices.

Environmental Commitments

    The land plan envisioned in Alternative B1 advances TVA's 
commitment to resource stewardship and habitat protection through 
strong conservation approaches, including a new conservation 
partnership zone to increase shoreline buffers from a minimum of 50 
feet to a maximum of 100 feet. Alternative B1 was formulated using 
environmentally protective measures. Some of these measures

[[Page 67036]]

include use of a sensitive resource protection zone and retention of a 
public shoreline strip between the 888 and 895 foot contours. New 
proposals for access would be allowed using community docks rather than 
through individual docks, thus minimizing the area of shoreline that 
will be disturbed. For certain categories of access proposals, TVA 
would obtain additional shoreline buffers above the 895-foot contour. 
In addition, TVA is adopting the following measures to minimize 
environmental impacts:
     New residential development will be required to have 
groundwater protection plans submitted by the developer for approval 
prior to development.
     Throughout the construction phase of new subdivisions, 
periodic site checks will be conducted to ensure that BMPs are used to 
minimize erosion problems.
     Shoreline fringe wetlands will be avoided during any 
future development or permitting activities.
     Parcels containing uncommon terrestrial habitats or plants 
will be protected by avoidance during any future developmental 
activities. Sale deeds related to disposition will include conditions 
that require avoidance of the resource on the parcel.
     Livestock grazing on TVA property will be phased out as 
alternative water sources and pasture are obtained.
     The measures relating to identification, evaluation, and 
treatment of historic properties contained in the Memorandum of 
Agreement between TVA, Tennessee State Historic Preservation Officer, 
Tennessee Department of Environment and Conservation, and the Eastern 
Band of Cherokee Indians, dated September 21, 2000, will be followed.
    With the implementation of the above environmental protection 
measures, TVA has determined that adverse environmental impacts of 
future residential shoreline uses would be substantially reduced. These 
protective measures represent all of the practicable measures to avoid 
or minimize environmental harm that are associated with this 
alternative.
    As TVA and TDEC implement the Tims Ford Land Management and 
Disposition Plan, the agencies will continue to work with all affected 
interests to promote environmentally sound stewardship of public lands.

    Dated: October 26, 2000.
Kathryn J. Jackson,
Executive Vice President, River System Operations & Environment.
[FR Doc. 00-28670 Filed 11-7-00; 8:45 am]
BILLING CODE 8120-08-P