[Federal Register Volume 75, Number 133 (Tuesday, July 13, 2010)]
[Notices]
[Pages 40034-40036]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-16976]


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TENNESSEE VALLEY AUTHORITY


Northeastern Tributary Reservoirs Land Management Plan, Beaver 
Creek, Clear Creek, Boone, Fort Patrick Henry, South Holston, Watauga, 
and Wilbur Reservoirs, Tennessee and Virginia

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 for implementing the National Environmental Policy Act 
(NEPA). TVA has prepared the Northeastern Tributary Reservoirs Land 
Management Plan (NTRLMP) for the 4,933 acres of TVA-managed public land 
on Beaver Creek, Clear Creek, Boone, Fort Patrick Henry, South Holston, 
Watauga, and Wilbur reservoirs in northeast Tennessee and southwest 
Virginia. On June 10, 2010, the TVA Board of Directors (TVA Board) 
approved the NTRLMP, implementing the preferred alternative 
(Alternative C, Modified Proposed Land Use Alternative) identified in 
the final environmental impact statement (FEIS). Under the plan adopted 
by the TVA Board, TVA-managed public land on the seven tributary 
reservoirs has been allocated into broad use categories or ``zones'', 
including Project Operations (Zone 2), Sensitive Resource Management 
(Zone 3), Natural Resource Conservation (Zone 4), Industrial (Zone 5), 
Developed Recreation (Zone 6), and Shoreline Access (Zone 7). Zone 1 is 
applied to reservoir lands that TVA does not own in fee, typically 
flowage easements, which are not included in the land planning process. 
Allocations to zones 2 through 7 were made in a manner consistent with 
TVA's 2006 Land Policy.

FOR FURTHER INFORMATION CONTACT: Amy Henry, NEPA Specialist, 
Environmental Permits and Compliance, Tennessee Valley Authority, 400 
West Summit Hill Drive, WT 11D, Knoxville, Tennessee 37902-1499; 
telephone (865) 632-4045 or e-mail [email protected].

SUPPLEMENTARY INFORMATION: TVA manages public lands to protect the 
integrated operation of TVA reservoir and power systems, to provide for 
appropriate public use and enjoyment of the reservoir system, and to 
provide for continuing economic growth in the Tennessee Valley.
    The seven northeastern tributary reservoirs (NTRs) are located in 
the northeast corner of Tennessee and southwest corner of Virginia. 
Boone, Fort Patrick Henry, and South Holston reservoirs are along the 
South Fork Holston River. Watauga and Wilbur reservoirs are along the 
Watauga River. Beaver Creek and Clear Creek reservoirs are on 
tributaries within the South Fork Holston River watershed.
    TVA originally acquired nearly 11,000 acres of land on the seven 
reservoirs. About half of that land has been sold for private use or 
transferred to State and other federal agencies for public use. TVA 
presently manages approximately 451 miles of shoreline along these 
reservoirs. Existing land uses around the reservoirs include TVA 
project operations, developed and dispersed recreation, private 
residences, and undeveloped areas. Reservoir properties on Fort Patrick 
Henry, South Holston, Watauga, and Wilbur reservoirs previously were 
planned in 1965 utilizing a Forecast System. A reservoir land 
management plan was prepared for Boone Reservoir in 1999. Beaver Creek 
and Clear Creek reservoirs have never been planned.
    The NTRLMP is designed to guide future decision-making and the 
management of these reservoir properties in a manner consistent with 
the 2006 TVA Land Policy and other relevant TVA policies.

Public Involvement

    TVA published a notice of intent (NOI) to prepare an EIS in the 
Federal Register on May 5, 2008. Between May 5 and June 5, 2008, TVA 
sought input from individuals, various State and Federal agencies, 
elected officials, and local organizations. Forty-two participants 
attended a public scoping meeting held on May 20, 2008, in Blountville, 
Tennessee. TVA received 24 scoping comments, the majority of which 
involved management of natural and recreation resources and reservoir 
water levels. Individuals expressed their interest in additional 
recreational opportunities and the U.S. Forest Service expressed 
interest in increased access to some of the reservoirs. TVA used these 
comments to develop three alternatives for assessment in the EIS: 
Alternative A--No Action Alternative; Alternative B--Proposed Land Use 
Alternative; and Alternative C--Modified Proposed Land Use Alternative.
    The notice of availability (NOA) of the NTRLMP draft EIS (DEIS) was 
published in the Federal Register on October 9, 2009. TVA accepted 
comments on the DEIS until November 23, 2009. Approximately 40 people 
attended a public meeting on October 27, 2009, in Johnson City, 
Tennessee. TVA received a total of 37 comments from individuals; 
interested organizations; and Federal, State, and local government 
agencies.
    Several individuals expressed appreciation for the opportunity to 
be involved in the planning process and supported Alternatives B and/or 
C. Other comments addressed a need for recreation opportunities, 
various land uses, and questions about water access rights. Comments 
also included concern about shoreline erosion and trash, interest in 
public access to the William Bean Historical Monument near Boone 
Reservoir, and the protection of historic resources. Comments from 
Federal and

[[Page 40035]]

State agencies were largely informational; several agencies encouraged 
continued interagency coordination when specific land uses are proposed 
for reservoir lands.
    TVA reviewed and prepared responses to all of these comments. In 
some cases, the FEIS was revised to reflect the information or issues 
presented. After considering all of the comments, the FEIS was 
completed and distributed to commenting agencies and the public. In the 
FEIS, TVA selected Alternative C as the preferred alternative. The NOA 
of the FEIS was published in the Federal Register on March 12, 2010, 
when the FEIS was distributed.

Alternatives Considered

    TVA considered three alternatives for managing 254 parcels of 
public land, comprising approximately 4,933 acres, under its management 
around the reservoirs. Under all alternatives, TVA would continue to 
conduct an environmental review to address site- and project-specific 
issues prior to the approval of any proposed development or activity on 
an NTR parcel. Future activities and land uses would be guided by the 
TVA Land Policy. About 95 percent of NTR lands (4,679 acres) had 
previous commitments specified in land use agreements (e.g., license, 
easement, contract) or existing plans. No changes to committed lands 
are proposed under any alternative. TVA land use allocations are not 
intended to supersede deeded land rights or land ownership.
    No Action (Alternative A): TVA would not implement an NTRLMP and 
would continue using current land plans if they exist. The reservoir 
lands would be managed according to TVA policies and, respectively, any 
existing land use agreement (Clear Creek and Beaver Creek), previous 
forecast (Fort Patrick Henry, South Holston, Watauga, Wilbur), or plan 
(Boone) for the relevant reservoir. Reservoir lands would not be 
allocated according to TVA's current land use planning zones and would 
not be in complete alignment with current TVA policies.
    Proposed Land Use (Alternative B) and Modified Proposed Land Use 
(Alternative C): Under both Action Alternatives, TVA would implement an 
NTRLMP. TVA-managed lands would be allocated to one of the seven land 
use zones according to current land use, existing data, and newly 
collected data. Under Alternative C, allocations would be based upon 
public comments and other information obtained during the scoping 
process, in addition to information considered under Alternative B.
    Under Alternatives B and C, the proportion of lands allocated to 
each zone is similar. About half of the land would be allocated to 
Natural Resource Conservation (Zone 4) or Sensitive Resource Management 
(Zone 3). About one-third would be allocated to Project Operations 
(Zone 2), and the remainder would be allocated to Developed Recreation 
(Zone 6), Shoreline Access (Zone 7), or Industrial (Zone 5) uses. 
Compared to Alternative B, zone allocations under Alternative C differ 
on 19 of the 254 parcels. Alternative C includes slightly more land in 
Zone 6, and slightly less land in Zones 3 and 4. Under Alternative C, 
parcels on Fort Patrick Henry, South Holston, and Watauga reservoirs 
that contain rare plants and plant communities, cultural resources, and 
high-quality wetlands would be allocated to Zone 3, which allows the 
least opportunity for development, and is, therefore, the most 
protective of sensitive resources. Those parcels would be allocated to 
Zone 4 under Alternative B. Additionally, six parcels on South Holston 
and Watauga reservoirs would be allocated to Zone 6 under Alternative 
C, which would provide additional recreational opportunities.
    In the FEIS, TVA considered the environmental consequences of the 
alternatives on a wide variety of environmental resources. No 
significant direct, indirect or cumulative impacts are expected to 
occur to any resource under any of the alternatives. Under any 
alternative, potential impacts to sensitive resources, such as species 
Federally listed as endangered or threatened, cultural resources, and 
wetlands would be identified during project-specific evaluations.

Comments on the FEIS

    TVA received comments on the FEIS from the U.S. Environmental 
Protection Agency (USEPA); the U.S. Department of Agriculture, Natural 
Resources Conservation Service (NRCS); and the Virginia Department of 
Transportation (VDOT). The Tennessee Department of Transportation and 
Virginia State Historic Preservation Officer (SHPO) acknowledged 
receipt of the FEIS but offered no comments.
    USEPA expressed preference for Alternative B, based upon a finding 
that Alternative B would result in a reservoir land plan with minimum 
opportunity for land disturbance. However, the comments acknowledged 
that Alternative C incorporates public comments and other scoping 
information into the planning process and that the differences between 
Alternatives B and C are small. USEPA rated the FEIS as ``Lack of 
Objections.''
    Additionally, USEPA offered comments regarding the Beaver Creek 
watershed in Knox County, Tennessee. USEPA encouraged TVA to continue 
coordinating efforts and participating with the Beaver Creek Task 
Force. USEPA recommended that future TVA watershed activities remain in 
compliance with all approved Federal Emergency Management Agency flood 
studies completed within the Beaver Creek watershed. The agency also 
recommended that TVA coordinate efforts with the Knox County Stormwater 
Program, the USEPA Region 4 Total Maximum Daily Load Program, and the 
Tennessee Nonpoint Source Management Program.
    While the Knox County Beaver Creek watershed is outside the area 
addressed in the FEIS, TVA acknowledges USEPA's emphasis on water 
quality in the Tennessee Valley. Water quality is a major consideration 
in the management of TVA land and reservoirs. TVA is currently a 
participating member of the task force and, together with the Beaver 
Creek Watershed Association, is implementing a grant that addresses 
pathogens and sediment in the impaired streams. TVA has hosted members 
of USEPA Region 4 and Washington offices to tour the Beaver Creek 
watershed. Additionally, TVA is working with the task force to 
implement a pilot project in the Knox County Beaver Creek watershed.
    In other agency comments, the NRCS indicated it had no significant 
comments on the FEIS, but noted that future land use requests on the 
reservoirs may require interagency coordination to ensure compliance 
with the Farmland Protection Policy Act. TVA currently implements the 
NRCS recommendation as part of standard environmental review 
procedures. The environmental review conducted by TVA prior to 
approving a proposed use of reservoir land would include a review of 
the potential effects on prime or unique farmland and subsequent 
coordination with the NRCS, as appropriate.
    Similarly, VDOT cited a statute and guidance for analyzing and 
mitigating traffic impacts to the highway system, indicating that any 
proposed new development on TVA-managed land around NTRs would need to 
adhere to the statute. The environmental review conducted by TVA prior 
to approving a proposed use of reservoir lands would include an 
evaluation of effects to transportation systems.

[[Page 40036]]

Decision

    On June 10, 2010, the TVA Board approved the NTRLMP as described in 
preferred Alternative C of the FEIS. TVA believes that implementation 
of Alternative C provides suitable opportunities for developed 
recreation, conservation of natural resources, and management of 
sensitive resources. This decision incorporates mitigation measures 
that would further minimize the potential for adverse impacts to the 
environment. These measures are listed below.

Environmentally Preferred Alternative

    The environmentally preferred alternative is Alternative C, under 
which approximately half of NTR lands are allocated to natural resource 
conservation (Zone 4) and sensitive resource management (Zone 3) uses, 
and all parcels with identified sensitive resources are allocated to 
Zone 3, which allows the least opportunity for land disturbance and is, 
therefore, the most protective land use zone.

Mitigation Measures

    TVA is adopting the following measures to minimize environmental 
impacts:
     All activities will be conducted in accordance with the 
stipulations defined in the programmatic agreement (PA) between TVA, 
the Tennessee SHPO, and the Advisory Council on Historic Preservation. 
Until a similar PA is executed with the Virginia SHPO, TVA will 
incorporate the identification, evaluation, and treatment procedures 
established under Section 106 of the National Historic Preservation Act 
to effectively mitigate any adverse effects to historic properties.
     Invasive plants listed as Rank 1 (Severe Threat), Rank 2 
(Significant Threat), or Rank 3 (Lesser Threat) on the Tennessee Exotic 
Plant Pest Council list of Invasive Exotic Pest Plants in Tennessee 
will not be used in landscaping activities on the reservoir lands.
     Revegetation and erosion-control measures will utilize 
seed mixes comprised of native species or noninvasive nonnative 
species.
    With the implementation of the above measures, TVA has determined 
that adverse environmental impacts of future land development proposals 
on the TVA-managed reservoir lands would be substantially reduced. 
Before taking actions that could result in adverse environmental 
effects or before authorizing such actions to occur on properties it 
controls, TVA would perform a site-specific environmental review to 
determine the need for other necessary mitigation measures or 
precautions. These protective measures represent all of the practicable 
measures to avoid or minimize environmental harm associated with the 
alternative adopted by the TVA Board.

    Dated: July 7, 2010.
Anda A. Ray,
Senior Vice President, Environment and Technology.
[FR Doc. 2010-16976 Filed 7-12-10; 8:45 am]
BILLING CODE 8120-08-P