[Federal Register Volume 68, Number 17 (Monday, January 27, 2003)]
[Notices]
[Pages 3927-3929]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-1697]


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TENNESSEE VALLEY AUTHORITY


Pickwick Reservoir Land Management Plan, Lauderdale and Colbert 
Counties, AL; Tishomingo County, MS; and Hardin County, TN

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 has 
updated its 1981 land management plan for 19,238 acres of TVA public 
land on Pickwick Reservoir in Alabama, Mississippi, and Tennessee. TVA 
will use the plan to guide land use approvals, private water-use 
facility permitting, and resource management decisions on Pickwick 
Reservoir. On September 10, 2002, the TVA Board of Directors decided to 
adopt the preferred alternative (Alternative B) identified in the Final 
Environmental Impact Statement (EIS) and Land Management Plan, Pickwick 
Reservoir. A notice of availability of the final EIS was published in 
the Federal Register on August 2, 2002. Under the adopted land plan, 
TVA has allocated undeveloped lands for public recreation and natural 
resource conservation, and has also been responsive to local requests 
for use of TVA lands for water access and community development. Of the 
19,238 acres of TVA lands on the reservoir which are available for 
allocation, 16,291 acres would be allocated to natural resource 
conservation (Zone 4), sensitive resource management (Zone 3), TVA 
project operations (Zone 2); 1,327 acres would be allocated for 
developed recreation (Zone 6) uses such as marinas, campgrounds, parks, 
and boat ramps; 1,085 acres would be allocated for residential lake 
access, and 534 acres for industrial or commercial uses (Zone 5). 
Although reserved for conservation purposes, lands in Zones 3 and 4 
also lend themselves to dispersed recreation uses.

FOR FURTHER INFORMATION CONTACT: Harold Draper, Senior NEPA Specialist, 
Environmental Policy and Planning, Tennessee Valley Authority, 400 West 
Summit Hill Drive, WT 8C, Knoxville, Tennessee 37902--1499; telephone 
(865) 632-6996 or e-mail hmdraper@tva,gov.

SUPPLEMENTARY INFORMATION: Pickwick Reservoir is a 52.7-mile long 
reservoir completed in 1938. Although 63,625 acres were acquired for 
construction of the reservoir, 42,708 are covered by water. Subsequent 
transfers of land by TVA for economic, industrial, residential, or 
public recreation development have resulted in a current balance of 
19,238 acres of TVA public land above normal summer pool elevation of 
414 mean sea level.
    TVA first announced its proposal to update its 1981 land management 
plan in 2001. TVA determined that the development of an EIS would allow 
a better understanding of the impacts of the alternatives. TVA 
published in the Federal Register a notice of intent to prepare an EIS 
on March 26, 2001. Meetings were held to inform the public of TVA's 
proposal to update the land allocation plan and to solicit input on 
scoping this proposal. The scoping meetings were held on March 29, 
2001, in Lula, Mississippi at the Tishomingo County High School; April 
3, 2001, in Memphis, Tennessee at the Adam's Mark Hotel; April 6, 2001, 
in Pickwick Dam, Tennessee at the Pickwick Landing State Park; and 
April 12, 2001, in Muscle Shoals, Alabama at the TVA Environmental 
Research Center Auditorium. These meetings were attended by 203 people. 
In addition, written comments were invited through a news release, 
newspaper notices, and a web site notice. During the scoping period, 
commenters expressed a desire for more environmental protection of the 
lands of Pickwick Reservoir, and discussed how they valued the scenic 
beauty and setting of the reservoir. TVA made an effort to identify 
parcels of land with sensitive resources that should be managed in a 
manner that ensures the protection of these resources. Further, TVA 
used the comments received during the scoping process to develop 
alternatives to be assessed in the draft EIS (DEIS). TVA assessed the 
impacts of the following alternatives: No action (Alternative A); 
balanced conservation with limited development (Alternative B); and 
conservation (Alternative C). A notice of availability (NOA) of the 
DEIS appeared in the Federal Register on May 3, 2002.
    In addition to written materials, additional information on the 
proposals and other aspects of the DEIS was available to the public in 
four public meetings held in May 7, 2002, in Muscle Shoals, Alabama at 
the TVA Environmental Research Center Auditorium; May 14, 2002, in 
luka, Mississippi at the Tishomingo County High School; May 16, 2002, 
in Memphis, Tennessee at the Adam's Mark Hotel; and May 21, 2002, in 
Pickwick Dam, Tennessee at the Pickwick Landing State Park. 
Approximately 64 comments were received on the DEIS. These comments 
primarily related to recommendations for proposed uses of TVA land. In 
the Final EIS (FEIS), TVA selected Alternative B as the preferred 
alternative. After considering all comments, the Final EIS was 
completed and distributed to commenting agencies and the public. A NOA 
for the Final EIS was published in the Federal Register on August 2, 
2001.

Alternatives Considered

    TVA considered three alternatives, including no action, for 
allocation of Pickwick Reservoir lands. The action alternatives were 
characterized as Alternative B, balanced conservation with limited 
developed recreation and industrial/commercial development, and 
Alternative C, conservation. Alternative B accommodated use requests 
and allocation changes for 3 parcels, while Alternative C did not 
accommodate allocation change requests and instead reserved these three 
parcels to conservation-oriented uses by allocating the parcels to Zone 
4. In response to public comments on the DEIS, TVA selected Alternative 
B as the preferred alternative for the FEIS.
    Under Alternative A, the no action alternative, TVA would not 
revise the 1981 allocation plan. Proposed land use requests received 
from external applicants or internal TVA interests would be evaluated 
for consistency with the 1981 plan. Requested land uses that are 
consistent would be approved or denied based on a review of potential 
environmental impacts and other administrative considerations. If the

[[Page 3928]]

request is not consistent with the designated land use, and TVA staff 
believe the proposal has merit, then the TVA Board of Directors would 
be asked to amend the plan and change the allocation.
    The 1981 plan used 10 allocation categories to allocate 
approximately 21,000 acres of TVA public land. Residential shoreline 
and other shoreline strips were not included in the allocations. Many 
parcels in the 1981 plan were designated with multiple allocation tags, 
allowing their consideration for a wide range of uses with a wide range 
of resulting environmental consequences. TVA estimates that under the 
existing plan, 31.5 to 55.0 percent of reservoir lands would be used 
for sensitive resource protection or natural resource management, 2.3 
to 13.0 percent would be used for industrial or other developed uses, 
and 1.9 to 12.8 percent would be used for recreation development. As 
explained in the FEIS, the above figures are presented as ranges 
because certain parcels have multiple allocation tags under the 1981 
plan.
    Under Alternative B, balanced conservation with limited developed 
recreation and industrial/commercial development, 69.8 percent of 
project lands would be allocated to sensitive resource protection or 
natural resource management uses, 2.8 percent would be allocated for 
developed uses or industrial uses, 6.9 percent for recreation 
development, and 5.6 percent for residential access.
    Under Alternative C, conservation, 70.5 percent of project lands 
would be allocated to environmental protection and natural resource 
management uses, 2.4 percent for developed uses or industrial uses, 6.7 
percent for recreation development, and 5.5 percent for residential 
access.
    Alternatives B and C differ with respect to the allocations for 
Parcels 37, 53, and 156. Under Alternative B, TVA would allocated these 
tracts for developed uses: Parcel 37 (35 acres) for recreation 
development; Parcel 156 (89 acres) for industrial development; and 
Parcel 156 (21 acres) for residential development. Under Alternative C, 
TVA would allocate all three tracts for natural resource conservation 
(Zone 4).
    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 B would balance the 
competing demands of development and conservation. Proposed development 
activities would have insignificant environmental impacts.
    Because the potential effects on historic properties cannot be 
fully determined prior to implementation of the land plan, TVA will use 
a phased identification and evaluation process as allowed under 36 CFR 
800.4(b)(2) to fulfill its obligations under section 106 of the 
National Historic Preservation Act in all three states. A programmatic 
agreement for reservoir land management plans in Alabama has been 
executed. ACHP, TVA, the Alabama SHPO, the Eastern Band of Cherokee 
Indians, and the Chickasaw Nation are signatories in the Programmatic 
Agreement, and the Alabama Indian Affairs Commission is a concurring 
party.

Response to Comments

    Appendix H of the Final EIS contains summaries of and responses to 
the comments TVA received during the Draft EIS process. TVA received 
comments from 64 individuals and organizations on the DEIS. The open 
public process and discussion on a number of issues substantially 
enhanced TVA's decision making. TVA also received comments on the FEIS 
from EPA, Alabama Historical Commission, and Tennessee Historical 
Commission.
    As in response to the FEIS, EPA continues to prefer Alternative C 
or a modification thereof over TVA Preferred Alternative B. EPA 
recommends if Alternative B was to be selected by TVA, that there be a 
careful balance between development and the environment, such that 
development in Zones 5 and 6 is consistent with state and federal 
environmental regulations and that the current quality of the 
environment is maintained in conservation zones 3 and 4. EPA also looks 
to TVA to be selective in the type of development allowed in order to 
minimize/mitigate potential environmental impacts on Pickwick 
Reservoir. Further, EPA encourages TVA to be selective in the type of 
development allowed in order to minimize/mitigate potential 
environmental impacts on Pickwick Reservoir. Further, EPA encourages 
TVA to not only directly manage its reservoir shorelands through its 
updated land management plans and its Shoreline Management Initiative 
(SMI) Policy, but also to increase its stakeholder activities within 
the entire watershed community for the overall management of Pickwick 
and other reservoirs. It is also recommended by EPA that in future, TVA 
reservoir management EISs and Records of Decision (RODs), protection 
activities in the greater watershed be disclosed, including progress 
toward a stakeholder watershed protection plan for the reservoir being 
considered.
    In cognizance of EPA's comments, TVA will continue to emphasize 
water quality considerations in its land use and section 26a decision 
making processes for facilities on Pickwick Reservoir. As to the need 
to mitigate potential environmental impacts, Alternative B is designed 
such that seventy percent of the TVA public land is allocated to Zones 
3 and 4, whereas only 7.9 percent is allocated to Zones 5 and 6. 
Further, under Alternative B, the amount of TVA public land allocated 
to Zones 5 and 6 has been reduced by 3,095 acres as compared to 
Alternative A, the no action alternative. All land use and 26a 
applicants are required to obtain the necessary federal and state 
permits to operate their facilities. Under Alternative B, TVA has 
attempted to accommodate only three development proposals consisting of 
145 acres out of 19,238 acres. These proposals are of limited area and 
shoreline length. As to Parcel 53, the proposed industrial development 
will occur on backlying lands, and the request to TVA will be limited 
to corridors for water access. The site-specific impacts of the 
proposed industrial development tract would be appropriately mitigated 
through measures identified in the NEPA reviews associated with tract 
specific requests.
    EPA's comment encouraging TVA to increase its stakeholder 
activities within the entire watershed community for the overall 
management of Pickwick and other reservoirs is well taken. Water 
quality is a major consideration in the management of TVA reservoirs. 
In addition to its efforts to control pollutants via its shoreline and 
land use, TVA currently has more than 50 watershed water quality 
initiatives underway across the Valley. Many of these are directly 
focused on impacts of nutrients on reservoir water quality. These 
initiatives are undertaken in large part as a response to monitored 
conditions such as chlorophyll levels. Efforts are targeted on 
reservoirs and watersheds where the needs are most critical and where 
there is a reasonable likelihood of success. Furthermore, efforts are 
focused on identifying and controlling significant sources of 
pollutants within the watershed where increased control is likely to 
produce measurable improvements. Additionally, TVA plays a major role 
as stakeholder in overall watershed management through its 
participation in numerous local and regional

[[Page 3929]]

organizations focusing on watershed and water quality issues. Our 
active involvement in stakeholder driven initiatives is a hallmark of 
TVA's resource stewardship program. TVA has provided data and technical 
assistance to States for their use in development of reservoir water 
quality standards. Specifically, we have provided data to ADEM for its 
consideration of chlorophyll standards for Pickwick Reservoir. While 
water quality standards development are a State and EPA function, TVA 
provides the technical support necessary for development of standards 
to protect water quality. TVA continues to monitor water quality in its 
reservoirs and steams and systematically uses these data to target its 
management efforts. The importance and value of water quality 
monitoring is clearly understood by TVA.
    In other agency comments, the Tennessee Historical Commission (THC) 
concurred that phased compliance is an appropriate strategy, and 
requested that TVA submit all historic property survey reports to the 
office for review and comment. In accordance with standard section 106 
of the National Historic Preservation Act, TVA will provide this 
information to the THC for all properties in Tennessee subject to land 
disturbance activity. The Alabama Historical Commission agreed with 
Alternative B provided that a phase II archaeological investigation be 
conducted for every site potentially eligible for National Register of 
Historic Places that could be affected by land disturbance activities 
proposed in the future. TVA will conduct archaeological and historic 
structure surveys to identify historic properties, and will submit 
phase II proposals to the Alabama Historical Commission for approval 
prior to testing for projects in Alabama.

Decision

    The TVA Board decided on September 10, 2002, to adopt the Pickwick 
Reservoir Land Management Plan as described in Alternative B. TVA 
believes that Alternative B not only responds to community development 
and recreational development needs on Pickwick Reservoir, but also 
recognizes and preserves the aesthetic and sensitive resources which 
make the reservoir unique. Alternative B sets aside parcels containing 
sensitive resources and habitats in the sensitive resource protection 
and natural resource conservation categories. For lands where TVA 
proposes to consider development proposals, Alternative B adopt 
commitments that would further minimize the potential for adverse 
impacts to the environment. These commitments are listed below, under 
Environmental Commitments.

Environmentally Preferable Alternative

    Out of the 19,238 planned acres considered under Alternatives B and 
C, less than one percent (145 acres) are considered for development 
purposes under Alternative B. Potential adverse impacts can be 
substantially avoided or minimized through mitigation measures. TVA has 
therefore concluded that between the two action alternatives 
(Alternatives B and C), there is no clear environmentally preferable 
alternative for the Pickwick Reservoir Land Management Plan. Both B and 
C are environmentally preferable as compared to the no action 
alternative (Alternative A). TVA believes that Alternative B helps to 
meet the multiple objectives of the Pickwick project, and would result 
in substantially better environmental protection than previous 
shoreline development practices.

Environmental Commitments

    The land plan envisioned in Alternative B advances TVA's commitment 
to resource stewardship and habitat protection through strong 
conservation approaches. Environmental protection measures are built 
into the formulation of Alternative B since the approximately 70 
percent of the land is allocated to conservation uses (Zones 3 and 4). 
Further, the retention by TVA of fee ownership of Zones 5 and 7 lands 
would ensure appropriate buffers between the developed land and the 
water. In addition, TVA is adopting the following measures to minimize 
environmental impacts:
    [sbull] All soil-disturbing activities, such as dredging, shoreline 
excavations, etc., on Parcels 26, 36, 41, 61, 66, 67, and 68 would be 
conducted in a manner to avoid impacts to cultural resources.
    [sbull] The construction of water use facilities and shorelines 
alterations within the marked limits of the safety landings and harbors 
would be prohibited.
    [sbull] Requests for water use facilities on shoreline immediately 
upstream and downstream of the safety landings and harbors would 
continue to be reviewed to ensure that barge tows would have sufficient 
room to maneuver in and out of the safety landings and harbors without 
the risk of damaging private property.
    [sbull] Because caves are extremely fragile and biologically 
significant, TVA has placed and would continue to maintain protective 
buffer zones around each of the known caves on TVA public land on 
Pickwick Reservoir.
    [sbull] Wetlands on Parcel 37 would be mitigated by avoiding 
wetlands areas, including small upland buffers.
    [sbull] Corridors for water access across Parcel 53 would be 
designed to avoid impacts to terrestrial habitat and wetlands.
    [sbull] Requests for the alteration or further development of this 
parcel would need to include BMPs and maintenance of a 50-foot SMZ to 
reduce potential impacts.
    [sbull] Requests for the alteration or development of Parcel 156 
would need to include mitigation measures, such as vegetation 
management plans, use of architecturally compatible styles/colors, and 
height restrictions to maintain the scenic attractiveness without 
adversely impacting the scene integrity.
    With the implementation of the above environmental protection 
measures, TVA has determined that adverse environmental impacts of 
future development proposals on the reservoir would be significantly 
reduced. These protective measures represent all of the practicable 
measures to avoid or minimize environmental harm associated with the 
alternative adopted by the TVA Board.
    As TVA implements the Pickwick Reservoir Land Management Plan, the 
agency will continue to work with all affected interests to promote 
environmentally sound stewardship of public lands.

    Dated: January 10, 2003.
Kathryn J. Jackson,
Executive Vice President, Rivers System Operations & Environment.
[FR Doc. 03-1697 Filed 1-24-03; 8:45 am]
BILLING CODE 8120-08-M