Proposed Construction of United States Penitentiary, Lee Pennington Gap, Virginia

TENNESSEE VALLEY AUTHORITY

Proposed Construction of United States Penitentiary, Lee

Pennington Gap, Virginia

AGENCY: Tennessee Valley Authority.

ACTION; Issuance of record of decision.

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SUMMARY: This notice is provided in accordance with the Council on

Environmental Quality's (CEQ) regulations (40 CFR 1500 to 1508) and

TVA's implementing procedures. TVA has decided to adopt the preferred

alternative in the U.S. Department of Justice, Federal Bureau of

Prisons' final environmental impact statement (FEIS), ``Final

Environmental Impact Statement, United States Penitentiary, Lee,

Pennington Gap, Virginia.'' The FEIS was made available to the public

in October 1996. A Notice of Availability of the FEIS was published by

the Environmental Protection Agency in the Federal Register on October

25, 1996 (61 FR 55294). The preferred alternative is to construct and

operate a high-security United States Penitentiary

[[Page 27104]]

(USP), a minimum-security Federal Prison Camp (FPC), and other related

ancillary facilities near the town of Pennington Gap, in central Lee

County, Virginia. Related actions by Lee County, addressed as part of

the preferred alternative, include providing property and water supply

and wastewater treatment facilities for the proposed prison facilities.

To stimulate economic expansion, encourage job creation, and

leverage capital investment in the TVA power service area, TVA has

decided to provide a $2,000,000 loan to Lee County, Virginia, to assist

in funding the county's actions related to the federal prison

facilities near Pennington Gap. The loan will be used by Lee County to

purchase a 288 acre (116 hectare) tract of land for the site of the

proposed prison and to design the water supply and sewage treatment

facilities for the prison. This loan will provide temporary (up to 12

month term) financing in anticipation of other federal (non-TVA) and

state funding.

FOR FURTHER INFORMATION CONTACT: Linda Oxendine, Ph.D., NEPA

Specialist, Tennessee Valley Authority, 400 West Summit Hill Drive,

Mailstop WT 8C, Knoxville, Tennessee 37902, (423) 632-3440 or e-mail at

[email protected].

SUPPLEMENTARY INFORMATION: In October 1996, the Federal Bureau of

Prisons released a FEIS on the proposed construction and operation of a

high-security United States Penitentiary (USP), an adjacent minimum-

security Federal Prison Camp (FPC), and other related ancillary

facilities near the town of Pennington Gap, in central Lee County,

Virginia. Included in the EIS were related activities by Lee County to

provide property at Pennington Gap and water supply and wastewater

treatment facilities for the project. In August 1996, as the Bureau was

completing the FEIS, TVA received a request from Lee County for a

$2,000,000 Economic Development Loan to assist in funding its actions

related to the prison facilities. Therefore, TVA was not a cooperating

agency in the preparation of the Federal Bureau of Prisons EIS. In

accordance with CEQ regulations, following the determination that the

FEIS adequately addressed TVA's action and was still generally

available, TVA announced its decision to adopt the FEIS on March 27,

1997. A Notice of Adoption of the FEIS was published in the Federal

Register by the Environmental Protection Agency on April 4, 1997 (62 FR

16154).

The prison facilities will be located on an approximately 288 acre

(116 hectare) tract of land at the junction of U.S. Route 58 and VA

Route 638 approximately eight miles (13 kilometers) south of Pennington

Gap. The USP will house approximately 1,000 high-security inmates,

while the FPC will house approximately 300 minimum security inmates.

Inmates will come primarily from the Mid-Atlantic and Southeastern

portions of the country. Other related facilities include staff

training and administrative facilities, a prison industry facility, a

central utility plant, and water supply and wastewater treatment

facilities for the project.

The proposed prison facilities are needed to relieve the critical

levels of overcrowding at the Federal Bureau of Prisons' high-security

facilities which are extended beyond their critical limits and to

provide space for the substantial number of cases awaiting

redesignation to high-security facilities pending available bedspace.

The facilities are needed even with the addition of high-security

facilities planned for Beaumont, Texas, and Pollock, Louisiana.

Alternatives Considered

The following alternatives were considered by the Federal Bureau of

Prisons and evaluated in the FEIS. These alternatives were designed to

address comments received during the scoping process and to minimize

potentially adverse environmental effects. Alternatives evaluated

include the no action alternative, use of closed or scheduled to be

closed military installations in the region pursuant to Section 20413

of the Violent Crime Control and Law Enforcement Act of 1994, and six

alternative non-federally owned sites within Lee County. As reflected

in the EIS, alternative sites were screened to determine their

suitability against the anticipated site development requirements for a

correctional facility and to identify potential environmental issues to

be addressed.

Alternative A: No-Action

The proposed prison facilities would not be constructed at any

location. Current overcrowding of high-security prisons within the

Federal Prison System would continue. This alternative would not result

simply in the continuation of the status quo. Eventually, action to

address present and future overcrowding in high-security facilities

would be required.

Alternative B: Use of Federally-Owned Sites

The Bureau conducted a review of Federally-owned sites in Virginia

considered to be in reasonable proximity to metropolitan areas and

which have (or could be expected to be provided with) the required

utility services at reasonable cost. The review consisted of

consultations with relevant agencies, including the General Services

Administration (GSA), the Resolution Trust Corporation (RTC), and

government officials of the Southwestern Virginia area. Department of

Defense properties declared or likely to be declared excess were

included in the GSA consultations. No military installations closed or

scheduled to be closed were identified in the Southwestern Virginia

area that warranted consideration pursuant to the Violent Crime Control

and Law Enforcement Act.

Two facilities in Virginia are included on the lists addressed by

the Violent Crime Control and Law Enforcement Act. Use of all or any

portion of these military installations was considered to determine if

their use would provide a cost-effective alternative to the acquisition

of privately-owned property for the consideration of the proposed

facility. The Bureau considered these properties not suitable for

Bureau use and thus not reasonable alternative sites for the proposed

prison facilities.

Alternative C: Use of Non-Federally-Owned Sites

Non-Federally-owned sites potentially available for acquisition in

Southwestern Virginia and located in communities which indicated a

willingness to accommodate such a facility were identified through

consultations with local government officials.

Six properties were identified as potential sites for the proposed

action as indicated by the Final EIS. All six sites were screened to

determine their suitability (See p. II-14 of the FEIS). Screening

activities included visual surveys and consultations with local

planning and development officials. Site specific reconnaissance

activities included visual inspection of the sites and observations in

regard to current land uses at the sites and adjacent properties.

Readily available documentation relating to the sites and surrounding

environments was assembled including master plans, system utility data,

environmental and historic features, and other relevant information.

Each alternative site is examined in detail in the draft and the FEIS.

Based on comparison of the Lee County sites, the Pennington Gap

site was chosen for more detailed review and identified by the Bureau

as the

[[Page 27105]]

preferred alternative. The Bureau's selection of the Pennington Gap

Site was based on environmental, engineering, and economic

considerations as well as the ease of regional access offered by the

site and the availability of planned utility improvements and other

considerations.

Environmentally Preferred Alternative

TVA considers Alternative C, locating the prison facilities at

Pennington Gap, to be the environmentally preferable alternative as

required under 40 CFR 1505.2(b). This determination is based on the

nature of the existing environment, the need to relieve overcrowding at

high-security facilities in the Mid-Atlantic and Southeastern portions

of the country, and the potential impacts to the physical, biological,

and social environments as described in the EIS. The substantial

economic investment of funds into the construction and operation of the

prison facilities will greatly expand the economic base of Lee County.

The no action alternative has the least impact on the physical and

biological environments as no disturbance would occur, but it does not

address the overcrowding and economic benefits. Based on cost analysis,

no military property was considered to be a reasonable alternative. Of

the alternative non-federally owned sites, the Pennington Gap site

would have the least impact on the physical and biological environments

and provide regional access and the availability of planned utility

improvements.

Basis for Decision

TVA has decided to adopt the Pennington Gap alternative which was

identified in the Federal Bureau of Prison's FEIS as the preferred

alternative. TVA will provide an Economic Development Loan to Lee

County in the amount of $2,000,000 to purchase the property for the

project and to design the water supply and wastewater treatment

facilities. TVA bases its decision on the economic development benefits

of the project and its less-than-significant impact on the environment.

Economic development benefits include over 300 new jobs and

approximately 150 indirect jobs for the local area, with an annual

payroll of $17.5 million of which $8.2 million would represent take-

home wages. Additionally, the facilities will have an electric service

capacity of 3.5 megawatts and an annual electric energy use of 16

million kilowatt-hours.

TVA concurs with the Bureau's determination that development of the

Pennington Gap site will result in less-than-significant environmental

impacts to the immediate project site and the surrounding community

while providing benefits to the area's economy.

Environmental Consequences and Commitments

The Pennington Gap project will be similar in scale to a light

industrial park or secondary school. Most buildings will be one-to

four-story structures and will provide multi-purpose activity space,

with areas divided according to function. Functional groupings will

include administration, services, housing, religion, education,

recreation, prison industries, and utilities. Detailed information

describing project design, construction, and operations is included in

the FEIS.

Construction and operation of the proposed project is not expected

to have significant environmental impacts to the immediate project site

and surrounding local communities. Those communities, including the

towns of Pennington Gap and Jonesville, Lee County, and the surrounding

area will benefit economically from having the proposed project located

in the area. Project construction is estimated to cost approximately

$90 million which can be expected to substantially increase the number

of construction jobs available in the local area. Project construction

will also provide opportunities for local companies to provide

materials and supplies for the project.

Based on environmental analysis described in the EIS, no

significant environmental impacts are anticipated to the area's land

use patterns, utility services, and traffic and transportation

movements to and from the proposed site. Additionally, the project is

not expected to have significant impacts on noise, air quality, water

quality, topographic conditions, aesthetics, wetland conditions, and

endangered wildlife species.

Development of the site will require the disturbance of

approximately 100 acres (40 hectares) or approximately 35 percent of

the site. The area to be disturbed during construction includes the

more level areas of open fields and hedgerows located within the

eastern portion of the site. This will permit the more sensitive areas

and habitats on the site to be avoided, specifically wetlands on the

northern portion and Litton Cave No. 1 to the southeast.

To ensure that environmental impacts are minimized throughout the

construction and operation of the project, the Bureau will conduct

additional subsurface investigations during project design, focusing

attention upon the movement of water from the site to the groundwater

system and its potential for impacts upon water quality and subsidence.

The Bureau will also specify methods to control and detect leakage from

water and sewer lines during the planning and design, material

specification, and construction of such lines to avoid leakage. In

addition, the Bureau has prepared a conservation management plan for

the continued maintenance and protection of the Litton Cave No. 1. The

management plan will be implemented during the construction and

operating phases of the project.

The proposed action to build the facilities, in concert with other

actions, will contribute substantially to the efficient operation of

the national criminal justice system. Secondary benefits on the area's

economy will also be realized. Once the USP becomes operational, the

annual operating budget is estimated to be approximately $25 million.

Much of this amount can be expected to flow directly into the local

economy through employee salaries, local service contracts and the

purchases of utilities, goods and services. The facility will rely on

public utility providers for the provision of water supply and

wastewater treatment services. Positive economic benefits will accrue

to these utility providers as a result. All plans for the provision of

services and expansion of capacities will be fully coordinated with all

appropriate officials. Provision of water supply and wastewater

treatment services to serve the proposed project may allow indirect or

secondary development impacts in the area. However, the limited

development activity at the existing Lee County Industrial Park, given

the availability of water and wastewater treatment facilities at the

park, suggest that little, if any, additional development will occur.

Based on input from local and regional planning officials, any indirect

or secondary development impacts that may result are considered to be

consistent with land use and economic development goals and objectives

of the area.

Potentially adverse direct and indirect impacts, including

construction-related impacts will be controlled, mitigated or avoided

using all practicable means. All plans and specifications for the

design and construction of the proposed facilities will include

protective measures to minimize adverse affects during the construction

phase of the project.

[[Page 27106]]

Dated: May 8, 1997.

Robert K. Johnson, Jr.,

General Manager, Business Systems Economic Development.

[FR Doc. 97-12846 Filed 5-15-97; 8:45 am]

BILLING CODE 8120-01-P