[Federal Register: January 27, 2003 (Volume 68, Number 17)]
[Notices]
[Page 3927-3929]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr27ja03-122]
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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
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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