[Federal Register Volume 74, Number 240 (Wednesday, December 16, 2009)]
[Notices]
[Pages 66726-66728]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-29868]


=======================================================================
-----------------------------------------------------------------------

TENNESSEE VALLEY AUTHORITY


Mountain Reservoirs Land Management Plan, Chatuge, Hiwassee, Blue 
Ridge, Nottely, Ocoees 1, 2, and 3, Apalachia, and Fontana Reservoirs, 
Georgia, North Carolina, and Tennessee

AGENCY: Tennessee Valley Authority (TVA).

ACTION: Issuance of Record of Decision (ROD).

-----------------------------------------------------------------------

SUMMARY: This notice is provided in accordance with the Council on 
Environmental Quality's regulations (40 CFR parts 1500 through 1508) 
and TVA's procedures for implementing the National Environmental Policy 
Act (NEPA). TVA has decided to implement Alternative D--the Blended 
Alternative, the preferred alternative identified in its final 
environmental impact statement (EIS), ``Mountain Reservoirs Land 
Management Plan.''

FOR FURTHER INFORMATION CONTACT: James F. Williamson Jr., Senior NEPA 
Specialist, Environmental Permitting and Compliance, Tennessee Valley 
Authority, 400 West Summit Hill Drive, WT 11D, Knoxville, Tennessee 
37902-1401; telephone (865) 632-6418 or e-mail [email protected].

SUPPLEMENTARY INFORMATION: In order to protect the integrated operation 
of the TVA reservoir and power systems, to provide opportunities for 
public access and use of the reservoir system, and to facilitate 
economic growth in the Tennessee Valley, TVA develops comprehensive 
plans for the management of lands associated with its reservoir 
projects. TVA has developed the ``Mountain Reservoirs Land Management 
Plan'' to guide management on the following reservoirs: Chatuge, 
Hiwassee, Blue Ridge, Nottely, Ocoees 1, 2, and 3, Apalachia, and 
Fontana. All public lands under TVA control on these reservoirs, i.e., 
6,273 acres, were included in the planning process. Approximately 
three-fourths of this land area (4,664 acres) was planned previously 
under the Forecast System, which was developed in the 1960s. The 
remaining lands, totaling approximately 1,609 acres, have never been 
planned. TVA prepared this EIS to assess the potential environmental 
impacts of implementing the ``Mountain Reservoirs Land Management 
Plan.''
    TVA published a notice of intent to prepare this EIS in the Federal 
Register (72 FR 30657, June 1, 2007). A public scoping meeting was held 
on June 21, 2007, at the North Georgia Technical College in 
Blairsville, Georgia, and was attended by 83 people. Scoping comments 
were received from the U.S. Fish and Wildlife Service, 11 State or 
local agencies, the Eastern Band of the Cherokee Indians, the Blue 
Ridge Mountain Electric Membership Corporation, and a number of 
individuals. TVA received 473 scoping comments from the public. The 
notice of availability of the draft EIS was published in the Federal 
Register (73 FR 47949, Aug. 15, 2008). Comments on the draft EIS were 
received from three Federal agencies, eight State agencies, one local 
agency, two local governments, seven citizens' organizations, and 575 
individuals. The notice of availability of the final EIS was published 
in the Federal Register (74 FR 39698, Aug. 7, 2009).

Alternatives Considered

    TVA identified four alternatives in the EIS.
    Under Alternative A, the No Action/Forecast System Alternative, TVA 
would continue to use its existing Forecast System designations to 
manage 4,664 acres (of a total of approximately 6,273 acres) on the 
nine mountain reservoirs. Under the Forecast System, parcels were 
assigned to one of 13 categories: Dam Reservation, Public Recreation, 
Reservoir Operations (Islands), Reservoir Operations (Mainland), Power 
Transmission and Power Needs, Commercial Recreation, Minor Commercial 
Landings, Industrial, Navigation Safety Harbors or Landings, Forestry 
Research, Steam Plant Study, Wildlife Management, and Small Wild Areas. 
Under Alternative A, approximately 1,609 acres of TVA mountain 
reservoirs lands unplanned under the Forecast System, including all 
TVA-owned Fontana Reservoir lands, would continue to be managed 
according to existing land use agreements, TVA's Shoreline Management 
Policy, and TVA's Land Policy. However, the unplanned parcels would not 
be allocated to a current land use zone under this alternative. The 
currently used allocations include Zone 1 (Non-TVA Shoreland), Zone 2 
(Project Operations), Zone 3 (Sensitive Resource Management), Zone 4 
(Natural Resource Conservation), Zone 5 (Industrial), Zone 6 (Developed 
Recreation), and Zone 7 (Shoreline Access). Thus, complete alignment 
with current TVA policies and guidelines would not occur.
    Under Alternative B, the Proposed Land Use Plan Alternative, TVA 
would adopt a new land management plan based on the current reservoir 
land planning process and zone allocation definitions to guide future 
land use decisions. In addition to the 4,664 acres previously planned 
under the Forecast System, 1,609 acres in 231 parcels that have not 
been planned would be allocated. Allocations for these parcels would be 
based on existing land uses.
    Under Alternative C, the Proposed Modified Land Use Plan 
Alternative, parcel allocations would be the same as those proposed 
under Alternative B for 351 of 360 parcels (i.e., 6,168 of the total 
6,273 acres). Alternative C differs from Alternative B in that 
additional lands would be allocated for Developed Recreation and 
Industrial uses on Chatuge and Hiwassee reservoirs. These allocations, 
which were developed in response to proposals received during the 
scoping process, affect 101.6 acres on four parcels on Chatuge 
Reservoir and 4.0 acres on two parcels on Hiwassee Reservoir. 
Allocations for the other parcels on Chatuge and Hiwassee, as well as 
all parcels on the remaining mountain reservoirs, would be the same as 
those proposed under Alternative B.
    TVA developed Alternative D, the Blended Alternative, following 
release of the draft EIS. This alternative is a mixture of Alternatives 
B and C. Alternative D differs from Alternative B in that an additional 
6.1 acres on Chatuge Reservoir and 1.6 acres on Hiwassee Reservoir 
would be allocated to development-oriented uses (i.e., Developed 
Recreation). Compared to Alternative C, Alternative D involves the 
allocation of two parcels for more developed uses (i.e., Developed 
Recreation); whereas, Alternative C involves six parcels being 
allocated for recreation and industrial uses.

Comments on the Final EIS

    The North Carolina Department of Environment and Natural Resources 
(NCDENR) commented on the final EIS that several rare aquatic species 
inhabit the area near Parcels 34 and 49 on Hiwassee Reservoir. Should 
these parcels be allocated for Developed Recreation, NCDENR recommended 
the use of strict erosion and sedimentation control during construction 
of any recreational facilities and the use of appropriate signage for 
public education regarding species occurring in the Hiwassee River. 
Under the preferred

[[Page 66727]]

alternative, i.e., Alternative D, Hiwassee Parcel 34 would be allocated 
to Zone 4 (Natural Resource Conservation). Under Alternative D, Parcel 
49 would be allocated to Zone 6 (Developed Recreation) in anticipation 
of a request from the Town of Murphy for use of this parcel to extend 
and make further improvements to the Heritage Riverwalk Trail. TVA 
would consider developed recreational uses for Parcel 49 through its 
land use application process. Considerations of applications for 
landrights allowing recreation use require completion of a recreation-
specific review and an environmental review under NEPA. Any necessary 
mitigation, such as implementing measures to prevent erosion and 
sedimentation, would be identified in that environmental review, and 
implementation of such measures would be conditions of approval by the 
TVA Board of Directors or its designee.
    The U.S. Environmental Protection Agency (EPA) also commented on 
the final EIS. EPA asked for clarification regarding whether a parcel 
could be reallocated based on a land use request for that parcel that 
is inconsistent with its allocation under the current plan. TVA's land 
planning efforts, including the ``Mountain Reservoirs Land Management 
Plan,'' are designed to allocate shoreline parcels to land uses based 
on that parcel's current land use as well as its suitability and 
capability for future uses. These plans serve as guidelines to direct 
future use of shoreline properties by TVA or by other parties under 
land use agreements. Under the ``Mountain Reservoirs Land Management 
Plan,'' any land use request that is obviously inconsistent and 
incompatible with a parcel's allocation would most likely be rejected. 
However, TVA could consider the reallocation of a parcel under certain 
limited circumstances. For example, TVA's Land Policy provides that TVA 
will consider changing a land use designation outside of the normal 
planning process only for water-access purposes for industrial or 
commercial recreation operations on privately owned back-lying land or 
to implement TVA's Shoreline Management Policy. Additionally, discovery 
of deeded rights that were previously overlooked or misinterpreted 
could necessitate a possible change in allocation to accurately reflect 
those rights, as land plans do not take precedence over such legal 
rights. In such circumstances, TVA could reallocate the subject parcel, 
facilitating a potential change in land use. However, such a change in 
allocation would be subject to approval by the TVA Board of Directors 
or its designee, pending the completion of an appropriate environmental 
review. TVA would involve the public appropriately during any 
environmental review for a parcel reallocation.
    EPA also encouraged TVA to facilitate the development of a 
watershed management plan for each mountain reservoir. TVA partnered 
with the Hiwassee River Watershed Coalition to develop the ``Lake 
Chatuge Watershed Action Plan,'' which was completed in 2007. The other 
mountain reservoirs do not have similar watershed action plans in 
place. However, TVA monitors ecological indicators of reservoir health 
and water quality on all of its reservoirs, including the mountain 
reservoirs, and encourages citizen-led organizations to develop plans 
to improve reservoir water quality.
    EPA expressed concerns about mitigation measures to minimize 
developmental impacts of shoreline amenities on Hiwassee Parcel 34 and 
Chatuge Parcel 52 and questioned whether such amenities could be 
located on brownfield sites rather than on these greenfield sites. 
Under Alternative C, Hiwassee Parcel 34 would be allocated to Zone 6 
(Developed Recreation). This allocation was based on a proposal to use 
this parcel for stream access to the Hiwassee River for wade fishing. 
Approvals of such proposed uses of TVA land are subject to completion 
of an appropriate environmental review. TVA routinely requires the 
implementation of measures to control erosion and runoff as conditions 
of approval. The nearest parcel allocated to Zone 6 is Hiwassee Parcel 
25, which is approximately a mile from Parcel 34. The Murphy boat 
launch ramp is located on Parcel 25. Under Alternative B and 
Alternative D (the preferred alternative), Hiwassee Parcel 34 would be 
allocated to Zone 4 (Natural Resource Conservation). Under this 
allocation, limited development consistent with dispersed recreational 
use of Parcel 34 would be allowed. Additionally, Parcel 46 (allocated 
to Sensitive Resource Management) provides an approximate 50-foot 
buffer between Parcel 34 and the Hiwassee River. The 6.1-acre Parcel 52 
on Chatuge Reservoir would be allocated to Zone 6 (Developed 
Recreation) under Alternatives C and D in response to interest 
expressed by Towns County, the City of Hiwassee, and the Georgia 
Department of Natural Resources to use the parcel for recreation 
purposes, including a boat ramp, fishing piers, and other water-based 
recreational uses. This parcel is suited for this purpose due to its 
topography and available access. Other potential sites off reservoir 
(i.e., on private property) would not necessarily be suitable for 
providing such recreational amenities. Approval of developed 
recreational use of this parcel would be subject to TVA Board approval 
pending completion of an appropriate environmental review. 
Implementation of measures to prevent adverse effects to water quality 
would likely be a condition of that approval. At this time, TVA has not 
received a formal land use request for Parcel 52.
    EPA requested that the ROD further address cumulative effects 
relative to the proposed land allocations and parcel use requests, 
focusing on the selected alternative. TVA recognizes that some long-
term environmental changes are likely on the mountain reservoirs, 
primarily on Nottely, Blue Ridge, and Chatuge, due to the amount of 
residential development around these reservoirs. Such development can 
potentially affect reservoir water quality. Parcel allocations under 
Alternative B essentially represent the current situation in that 
allocations reflect the current land use on the respective parcels. 
Allocations under Alternative D, the preferred alternative, would 
differ from those under Alternative B on two parcels, totaling 7.7 
acres out of a total of 6,273 acres. The two parcels involved, Chatuge 
Parcel 52 and Hiwassee Parcel 49, would be allocated for Developed 
Recreation under Alternative D. Although use of these parcels for 
Developed Recreation would have some environmental effects, these are 
not expected to be significant with respect to either parcel. The 
placement of any necessary measures to prevent water quality 
degradation would likely be imposed as conditions of TVA's approval of 
the requested land use. The additional recreational opportunities 
afforded by these amenities are not expected to affect local population 
growth on Chatuge or Hiwassee reservoir. Thus, implementation of 
Alternative D is not expected to cause any measurable cumulative 
environmental effects.
    The Tribal Historic Preservation Officer of the Seminole Tribe of 
Florida requested a cultural resource assessment survey for the 
remainder of the project area. A comprehensive cultural resources 
survey of all TVA-managed land on the mountain reservoirs is not 
feasible at this time due to the extensive amount of land involved. 
However, before undertaking any land-disturbing action or prior to 
allowing any such activities, TVA would conduct a cultural resources 
survey, including a survey of archaeological sites, on the

[[Page 66728]]

subject properties in accordance with the requirements of the National 
Historic Preservation Act.

Decision

    TVA has decided to implement Alternative D, the Blended 
Alternative. Under this alternative, the land use zone allocations 
would provide public benefits while balancing competing demands for the 
use of public lands. Significant resources, including threatened and 
endangered species, cultural resources, wetlands, unique habitats, 
water quality, and visual character of the reservoirs, would be 
protected under the allocations prescribed under Alternative D.

Environmentally Preferred Alternative

    Under Alternative B, parcel allocations were made based on the 
current land uses for each parcel. Thus, inasmuch as there would be 
essentially no future change under Alternative B in any parcel's land 
use from its current status, this alternative is the environmentally 
preferred alternative. However, implementation of Alternative D, TVA's 
preferred alternative, would involve the same parcel allocations on 358 
of the total 360 parcels. Under Alternative D, the 6.1-acre Chatuge 
Parcel 52 and the 1.6-acre Hiwassee Parcel 49 would be allocated for 
possible developed recreational use. Such allocations are not expected 
to result in adverse environmental effects. Recreational allocations on 
these two parcels would afford additional local recreational 
opportunities.

Mitigation

    No specific mitigation measures were identified to reduce potential 
environmental effects. However, before taking actions that could result 
in adverse environmental effects or allowing such actions to occur on 
properties it controls, TVA would perform an appropriate site-specific 
environmental review to determine necessary mitigative measures or 
precautions.

    Dated: December 7, 2009.
Janet C. Herrin,
Senior Vice President, River Operations.
[FR Doc. E9-29868 Filed 12-15-09; 8:45 am]
BILLING CODE 8120-08-P