[Federal Register Volume 71, Number 106 (Friday, June 2, 2006)]
[Notices]
[Pages 32173-32175]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E6-8564]


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TENNESSEE VALLEY AUTHORITY


Environmental Impact Statement for Bear Creek Dam Leakage 
Resolution

AGENCY: Tennessee Valley Authority.

ACTION: Notice of intent.

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SUMMARY: The Tennessee Valley Authority (TVA) will prepare an 
environmental impact statement (EIS) addressing the proposed resolution 
of leakage problems at Bear Creek Dam, Franklin County, Alabama. Since 
the dam was completed in 1969, there has been excessive leakage of 
water through its foundation and TVA seeks a long-term resolution of 
this leakage. TVA will use the EIS process to obtain public involvement 
on this proposal. Public comment is invited concerning both the scope 
of the EIS and environmental issues that should be addressed as a part 
of this EIS.

[[Page 32174]]


DATES: Comments on the scope and environmental issues for the EIS must 
be postmarked or e-mailed no later than July 3, 2006 to ensure 
consideration.

ADDRESSES: Written comments should be sent to Charles P. Nicholson, 
Environmental Stewardship and Policy, Tennessee Valley Authority, Mail 
Stop WT 9B, 400 West Summit Hill Drive, Knoxville, Tennessee 37902-
1499. Comments may be e-mailed to [email protected] or submitted by fax 
at (865) 632-6855.

FOR FURTHER INFORMATION CONTACT: Warren P. Behlau, Tennessee Valley 
Authority, Mail Stop LP 3D-C, 1101 Market Street, Chattanooga, 
Tennessee 37402-2801. Telephone (423) 751-8760. E-mail may be sent to 
[email protected].

SUPPLEMENTARY INFORMATION:

Background

    Bear Creek Reservoir is one of four reservoirs located in northwest 
Alabama that comprise the Bear Creek Project. The Bear Creek Project 
was authorized by Congress in 1964 for the primary purposes of flood 
control, recreation, and economic development, including water supply. 
The project dams do not generate electricity. Construction of Bear 
Creek Dam began in 1967 and was completed in 1969. The earth-fill dam 
has a maximum height of 68 feet and length of 1385 feet. It impounds a 
reservoir with a maximum length of 12 miles, summer pool of 690 acres, 
and approximately 39 miles of shoreline. Most of the reservoir 
shoreline is owned by TVA and much of the adjacent back-lying land is 
owned by Bear Creek Development Authority (BCDA), a state agency. 
Shoreline development consists of an environmental education center and 
two public recreation areas with campgrounds and other facilities 
operated by BCDA, and a municipal raw water intake and treatment plant 
operated by the Franklin County Water Service Authority approximately 
2.3 miles upstream of Bear Creek Dam.
    Bear Creek Dam has a concrete chute spillway with an elevation of 
602 feet. The reservoir has historically been operated with a winter 
pool elevation of 565 feet and a summer pool elevation of 576 feet. The 
target spring fill date is mid-April and the target date to begin the 
winter drawdown in November 15. Under normal conditions, discharges are 
through a tower-type intake structure, sluiceway tunnel, and stilling 
basin. The reservoir is operated to maintain a minimum continuous flow 
of 21 cubic feet per second at Red Bay, Alabama, about 23 miles 
downstream of Bear Creek Dam.
    Bear Creek Dam is constructed of earth fill. A portion of the dam 
was constructed on residual soil and there are numerous sinkholes in 
its vicinity. Since the completion of the dam in 1969, there has been 
continuous leakage of water through the foundation of the dam. Although 
some leakage is typical of earthen dams, the amount at Bear Creek has 
been excessive. In 1972, TVA completed a major foundation drilling and 
grouting project which reduced the leakage. Since 1972 the leakage has 
slowly increased and TVA has attempted several subsequent repairs. The 
most recent repairs were in 2004-2005, when TVA completed another major 
drilling and grouting project. This repair project did not adequately 
reduce leakage when the reservoir was returned to its normal summer 
pool level.
    The excessive leakage through the dam foundation increases the risk 
of dam failure, especially when the pool level is at an elevation above 
570 feet. TVA has taken steps to minimize this risk by maintaining the 
summer reservoir pool at an elevation of 568 feet, eight feet lower 
than the normal summer operating level of 576 feet. The normal winter 
pool level continues to be 565 feet. Due to the limited size of the 
intake structure and sluiceway, however, TVA cannot pass enough water 
through them during many rainfall events to prevent the pool from 
rising above 570 feet. When heavy rains cause the reservoir to rise 
above elevation 576, TVA notifies the local emergency management 
agencies of the increased risk and monitors the situation closely. TVA 
also has equipment and materials on hand for emergency repairs, should 
a sinkhole or other problem develop.
    TVA recognizes that these measures are not viable long-term 
solutions to the leakage problem. TVA's Hydro Board of Consultants has 
jointly agreed with TVA that it must take action to resolve the leakage 
problem.

Potential Alternatives

    TVA is considering a range of alternatives. Although the No Action 
alternative, which consists of operating the dam as designed, would not 
remedy the leakage problem, it would provide a baseline for comparison 
with other alternatives and its consideration is required by the 
implementing regulations for the National Environmental Policy Act 
(NEPA). Other alternatives under consideration include: (1) Continue to 
operate the dam as done since 2005 with a lower summer pool elevation 
of 568 feet; (2) modify the dam by rebuilding the spillway at a lower 
elevation to maintain a winter pool elevation of 565 feet and with a 
maximum rise of 5 feet; (3) repair the dam by installing a grout 
curtain in the soil foundation or by building a barrier to prevent flow 
through the dam; (4) remove the dam and rebuild it in approximately the 
same location and with similar operating characteristics; (5) build a 
new weir dam, capable of maintaining a reservoir pool elevation of 565 
feet, a short distance downstream of the Franklin County Water Service 
Authority water intake, remove Bear Creek Dam, and restore the former 
creek channel; and (6) remove the dam and restore the original creek 
channel.
    TVA will use the results of the public scoping process and 
additional technical studies to refine the range of alternatives that 
will be evaluated in detail in the EIS.

Proposed Issues To Be Addressed

    The EIS will contain descriptions of the existing environmental and 
socioeconomic resources within the area that would be affected by the 
proposed action. TVA's evaluation of potential environmental impacts to 
these resources will include, but not necessarily be limited to, the 
potential impacts on water quality, water supply, aquatic and 
terrestrial ecology, endangered and threatened species, wetlands, 
flooding and floodplains, recreation, aesthetics and visual resources, 
land use including agricultural operations, historic and archaeological 
resources, and socioeconomic resources.

Scoping Process

    Scoping, which is integral to the process for implementing NEPA, is 
a procedure that solicits public input to the EIS process to ensure 
that: (1) Issues are identified early and properly studied; (2) issues 
of little significance do not consume substantial time and effort; (3) 
the draft EIS is thorough and balanced; and (4) delays caused by an 
inadequate EIS are avoided. TVA's NEPA procedures require that the 
scoping process commence soon after a decision has been reached to 
prepare an EIS in order to provide an early and open process for 
determining the scope and for identifying the significant issues 
related to a proposed action. The range of alternatives and the issues 
to be addressed in the draft EIS will be determined, in part, from 
written comments submitted by mail or e-mail, and comments presented 
orally or in writing at any public meetings. The preliminary 
identification of reasonable alternatives and environmental issues in

[[Page 32175]]

this notice is not meant to be exhaustive or final.
    The scoping process will include both interagency and public 
scoping. The public is invited to submit written comments or e-mail 
comments on the scope of this EIS no later than the date given under 
the DATES section of this notice.
    TVA will conduct a public scoping meeting on June 20, 2006, at the 
Arts and Entertainment Center in Red Bay, Alabama. The meeting, which 
will be conducted in an open-house format, will be from 4 p.m. to 8 
p.m. At the meeting, TVA staff will describe the project and the EIS 
process, answer questions, and solicit comments on the issues that the 
public would like addressed in the EIS. The meeting will be publicized 
through notices in local newspapers, by TVA press releases, on the TVA 
Web site at http://www.tva.gov/environment/calendar.htm, and in 
letters to local elected officials.
    The agencies to be included in the interagency scoping are U.S. 
Army Corps of Engineers, U.S. Fish and Wildlife Service, Bear Creek 
Development Agency, Alabama Department of Environmental Management, the 
Alabama Historical Commission, and other Federal, State, and local 
agencies, as appropriate. After consideration of the scoping comments, 
TVA will further identify alternatives and environmental issues to be 
addressed in the EIS. Following analysis of the environmental 
consequences of each alternative, TVA will prepare a draft EIS for 
public review and comment. Notice of availability of the draft EIS will 
be published by the Environmental Protection Agency in the Federal 
Register. TVA will solicit written comments on the draft EIS, and 
information about public meetings to comment on the draft EIS will be 
announced. TVA expects to release a draft EIS in the spring of 2007 and 
a final EIS in the fall of 2007.
    In the event the situation unexpectedly worsens or is determined to 
be worse, it may be necessary to take action expeditiously to address 
this consistent with applicable procedures for emergency actions.

    Dated: May 26, 2006.
Kathryn J. Jackson,
Executive Vice President, River System Operations & Environment.
 [FR Doc. E6-8564 Filed 6-1-06; 8:45 am]
BILLING CODE 8120-08-P