[Federal Register Volume 66, Number 240 (Thursday, December 13, 2001)]
[Notices]
[Pages 64491-64492]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-30813]


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TENNESSEE VALLEY AUTHORITY


Patton Island Bridge and Approaches Crossing the Tennessee River 
and Connecting the Cities of Florence and Muscle Shoals, Colbert and 
Lauderdale Counties, AL

AGENCY: Tennessee Valley Authority (TVA).

ACTION: Issuance of Supplemental Record of Decision.

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SUMMARY: This notice is provided in accordance with the Council on 
Environmental Quality's regulations (40 CFR part 1500 to 1508) and 
TVA's procedures implementing the National Environmental Policy Act. 
TVA has decided to issue an approval to the Alabama Department of 
Transportation under section 26a of the TVA Act for the relocation and 
modification of 2,270 feet of Sweetwater Creek. The purpose of the 
relocation is to allow construction of the northern approaches to the 
Patton Island Bridge across the Tennessee River. TVA previously adopted 
the Final Environmental Impact Statement, Project DE-0026(801), Patton 
Island Bridge and Approaches Crossing the Tennessee River and 
Connecting the Cities of Florence and Muscle Shoals, Colbert and 
Lauderdale Counties, (FEIS) prepared by the State of Alabama Highway 
Department in Cooperation with the Department of Transportation, 
Federal Highway Administration. A Notice of TVA's adoption of this FEIS 
and of TVA's issuance of the Record of Decision to adopt the ``Build'' 
alternative in the FEIS was given in the Federal Register of September 
29, 1994.

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

SUPPLEMENTARY INFORMATION: Under the ``build'' alternative identified 
in the FEIS, a multi-lane highway would be built across the Tennessee 
River. On September 20, 1994, TVA issued a Record of Decision (ROD) for 
its adoption of the ``build'' alternative. The build alternative 
required approval for the Patton Island Bridge crossing under section 
26a of the TVA Act, and approval for a permanent easement over 63.7 
acres of TVA land for construction, operation, and maintenance of a new 
highway across the Muscle Shoals Reservation and Pickwick Reservoir 
lands. This previous ROD appeared at 59 FR 49738 (September 29, 1994). 
The Alabama Department of Transportation has now requested approval for 
construction of an additional segment of the Patton Island project. The 
additional segment would require approval under section 26a of the TVA 
Act for a channel relocation and two culverts affecting 2270 feet of 
Sweetwater Creek. The impacts of this segment were evaluated in the 
1991 FEIS and have been verified by TVA in issuing this supplemental 
ROD.

Alternatives Considered

    The previously adopted EIS evaluated five alternative corridors for 
a new multi-lane road between Muscle Shoals and Florence. In the Patton 
Island Corridor, two alternatives were considered. North of the Patton 
Island Bridge, two alternatives were considered. Because construction 
of the Patton Island bridge has been underway for several years, TVA 
re-evaluated the no action alternative and the two action alternatives 
considered in the 1991 FEIS for completion of the remainder of the 
project. Under No Action, the Patton Island Expressway would end at the 
northern side of the River and not continue to Florence Boulevard (US 
43-72), which is a logical terminus. The two action alternatives are:
    1A. Build along a corridor designated ``Alternative A.'' North of 
the Tennessee River and in the vicinity of Sweetwater

[[Page 64492]]

Creek, this route would be slightly to the east of Alternative B and 
cross under Florence Boulevard (U.S. 43-72). In order to construct an 
underpass at the Florence Boulevard intersection, retaining walls would 
be required, adding to the costs of the project, and a compact diamond-
shaped interchange would be constructed. This would restrict the length 
and functioning of turning lanes on Florence Boulevard.
    1B. Build along a corridor designated ``Alternative B.'' North of 
the Tennessee River and in the vicinity of Sweetwater Creek, this route 
would be slightly to the west of Alternative A. It would cross over 
Florence Boulevard, and therefore would not restrict the potential 
length and functioning of turning lanes as in Alternative A. Both 
Alternative 1A and Alternative 1B would require that a playground in a 
public housing development be moved. Avoidance of the playground was 
judged to be not practicable because additional residential property 
losses (Alternative A), or a relocation of a railroad switching yard 
(Alternative B), would be required. The playground will be replaced in 
a new location convenient to the housing project.
    Because the original EIS was issued in 1991, TVA conducted a 
supplemental environmental review of the impacts of the Sweetwater 
Creek relocation to confirm that the findings of the 1991 EIS were 
still valid. The proposed stream relocation and modification of 
Sweetwater Creek was announced to the public and environmental agencies 
through issuance of a Joint Public Notice by the U.S. Army Corps of 
Engineers, TVA, and the State of Alabama on June 20, 2000. Responses 
were received from the Alabama Historical Commission (AHC), the U.S. 
Fish and Wildlife Service (FWS), The Foundry of the Shoals, and two 
members of the public. AHC requested that a cultural resources 
assessment be provided for review. Information on previous section 106 
coordination was subsequently provided, and by letter of August 10, 
2000, AHC concurred that the project would not adversely affect 
resources eligible for the National Register of Historic Places. FWS 
expressed concerns about the loss of a riparian buffer along the stream 
and recommended that the proposed riprapped channel be meandered and 
planted with mast-producing hardwood trees. They also requested 
mitigation of any unavoidable loss of aquatic habitat through the 
Alabama Stream Habitat Restoration Program. The stream habitat program 
was never created, and therefore is not a viable mitigation option. 
However, the applicant has agreed to replant the proposed new channel 
with hardwood trees in a 30-foot wide riparian buffer on both sides of 
the stream. Additionally, the applicant has agreed to deduct 0.5 
credits from the Alabama Department of Transportation wetland 
mitigation bank. The banking agreement includes sites throughout 
Alabama, and suitable compensatory mitigation banks currently exist for 
use by ADOT in Jackson County, Alabama and Lawrence County, Alabama 
within the Tennessee River watershed. The Foundry of the Shoals was 
concerned that the proposed project would increase flooding in the 
area. Members of the public expressed concerns about the length of the 
culverting and the loss of natural stream values. TVA has reviewed the 
plans and confirmed that there would be no reduction in the size of the 
channel; as a result, flooding problems would not be affected by the 
highway construction. Because this is an urban area, the stream 
exhibits few natural stream values. In addition, it is not practical to 
reduce the length of the culvert because this is the only place to 
squeeze a multi-lane facility through an urban area without extensive 
residential or industrial property impacts. Both Alternatives 1A and 1B 
would have impacts to the floodplain. Only no action would not impact 
the floodplain. However, this alternative is not practicable because 
the traffic congestion needs are not addressed. Florence is a 
participant in the National Flood Insurance Program. In accordance with 
this program, the project will not significantly increase 100-year 
flood elevations and will not involve placement of fill or other flow 
obstructions in the floodway portion of the floodplain unless 
compensatory adjustments are also included. By letter of July 24, 2000, 
the Alabama Department of Environmental Management issued Water Qualify 
Certification under section 401 of the Clean Water Act.
    Based on the supplemental evaluation, TVA concurs that the 
Alternative 1B route north of the river in the city of Florence is 
still the appropriate build alternative.

Decision

    TVA has decided to issue section 26a approval for the relocation 
and modification of 2,270 feet of Sweetwater Creek in Florence, 
Alabama. Specific actions requiring section 26a approval are a culvert 
extending 1400 feet from north of Huntsville Avenue to south of the 
proposed new highway, a channel relocation and riprap extending 760 
feet south of the Huntsville Avenue-Patton Island Expressway culvert, 
and a culvert extending 110 feet under Union Avenue. The relocation, 
culverts, and riprap would allow completion of the Patton Island 
project originally proposed in the FEIS. Based on its supplemental 
evaluation, TVA reaffirms that the analyses contained in the FEIS are 
adequate. The EIS concluded that Alternative 1B north of the river in 
Florence is the appropriate build alternative. Alternative 1B is the 
more practical alternative given the topography of the Florence area, 
and would result in less traffic congestion on Florence Boulevard. 
Because of these reasons, TVA believes that this is the more 
environmentally preferable alternative for completion of the Patton 
Island project. The other action alternative in the Sweetwater Creek 
area, Alternative 1A, would require a retaining wall at the Cherry 
Hills Housing Project playground, which representatives of the project 
have said is not desirable. The No Action alternative is not desirable 
because it would result in increasing traffic congestion as the area 
grows.

Environmental Commitments

    TVA will require the use of Best Management Practices for erosion 
control and will also require that the relocated channel be planted 
with a 30-foot width of mast-producing hardwood trees on each side of 
the channel. In addition, 0.5 credits will be withdrawn from the 
Alabama Department of Transportation wetland mitigation bank complex. 
With the implementation of the above environmental protection measures, 
TVA has determined that adverse environmental impacts of the Patton 
Island Expressway project across Sweetwater Creek 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.

    Dated: December 5, 2001.
Kathryn J. Jackson,
Executive Vice President, River System Operations & Environment.
[FR Doc. 01-30813 Filed 12-12-01; 8:45 am]
BILLING CODE 8120-08-P