85560 Federal Register / Vol. 89, No. 208 / Monday, October 28, 2024 / Notices 

DEPARTMENT OF JUSTICE 

Notice of Lodging of Proposed 

Consent Decree Under the 

Comprehensive Environmental 

Response, Compensation, and Liability 

Act 

On October 17, 2024, the Department 

of Justice lodged a proposed Consent 

Decree with the United States District 

Court for the Southern District of 

Florida in the lawsuit entitled United 

States v. Petroleum Products Corp., et 

al., Civil Action No. 1:91–cv–02014–BB. 

In the filed Amended Complaint, the 

United States, on behalf of the U.S. 

Environmental Protection Agency 

(‘‘EPA’’), alleges that the Defendants are 

liable under the Comprehensive 

Environmental Response, 

Compensation, and Liability Act, 42 

U.S.C. 9606 and 9607(a), for the 

response costs EPA incurred to respond 

to the releases and/or threatened 

releases of hazardous substances into 

the environment at the Petroleum 

Products Corporation Superfund Site 

located generally at 3150 Pembroke 

Road in Pembroke Park, Broward 

County, Florida that the Settling 

Defendants owned and operated. The 

Consent Decree requires the Settling 

Defendants to perform Remedial Action 

for the Site, pay past response costs for 

the Site and pay future costs related to 

the work. The Estimate for the Remedial 

Action is more than $57,000,000. The 

Settling Defendants are responsible for 

performing the Work, but the FDEP will 

pay for at least $30 million of it through 

a statutory trust fund and a petroleum 

product cleanup program established in 

1987. 

The publication of this notice opens 

a period for public comment on the 

Consent Decree. Comments should be 

addressed to the Assistant Attorney 

General, Environment and Natural 

Resources Division, and should refer to 

United States v. Petroleum Products 

Corp., et al., D.J. Ref. No. 90–11–3–585/ 

3. All comments must be submitted no 

later than thirty (30) days after the 

publication date of this notice. 

Comments may be submitted either by 

email or by mail: 

To submit 

comments: Send them to: 

By email ....... pubcomment-ees.enrd@

usdoj.gov. 

By mail ......... Assistant Attorney General, 

U.S. DOJ—ENRD, P.O. 

Box 7611, Washington, DC 

20044–7611. 

Any comments submitted in writing 

may be filed in whole or in part on the 

public court docket without notice to 

the commenter. 

During the public comment period, 

the Consent may be examined and 

downloaded at this Justice Department 

website: https://www.justice.gov/enrd/ 

consent-decrees. If you require 

assistance accessing the Consent Decree, 

you may request assistance by email or 

by mail to the addresses provided above 

for submitting comments. 

Scott Bauer, 

Assistant Section Chief, Environmental 

Enforcement Section, Environment and 

Natural Resources Division. 

[FR Doc. 2024–24969 Filed 10–25–24; 8:45 am] 

BILLING CODE 4410–15–P 

DEPARTMENT OF JUSTICE 

Federal Bureau of Prisons 

Record of Decision; Proposed 

Development of a New Federal 

Correctional Institution and Federal 

Prison Camp—Letcher County, 

Kentucky 

I. Introduction 

This Record of Decision (ROD) 

pursuant to the National Environmental 

Policy Act (NEPA) of 1969, as amended, 

documents the decision regarding the 

proposal by the United States (U.S.) 

Department of Justice (DOJ), Federal 

Bureau of Prisons (FBOP) to acquire 

properties totaling approximately 500 

acres in area in order to construct and 

operate a new Federal Correctional 

Institution (FCI) and Federal Prison 

Camp (FPC) in Letcher County, 

Kentucky. The ROD describes the 

alternatives considered and the 

rationale for selecting the chosen 

alternative. 

The purpose of this ROD is to publish 

the Agency’s decision with respect to 

the environmental review process. The 

decision is based on information and 

analysis contained in the Draft 

Environmental Impact Statement (DEIS) 

issued March 1, 2024, and the Final EIS 

(FEIS) issued July 12, 2024, together 

with various technical studies, other 

EISs conducted since 2015, and 

comments and input received from 

federal and state agencies, elected 

officials, organizations, and individuals. 

II. Background 

The mission of the FBOP is for 

corrections professionals to foster a 

humane and secure environment and 

ensure public safety by preparing 

individuals for successful re-entry into 

society. Congress, in 2006, directed the 

FBOP to initiate investigations leading 

to development of a new federal 

correctional facility in Letcher County, 

Kentucky (see H.R. Rep. No. 109–272 

that accompanies Pub. L. 109–108). In 

response, the FBOP has conducted a 

wide range of technical investigations 

and feasibility studies to comply with 

Congress’ directive including 

publication of a DEIS (2015), FEIS 

(2015), Revised FEIS (2016), Draft 

Supplemental Revised FEIS (2017), 

Final Supplemental Revised FEIS (2017) 

and Record of Decision (2018) with each 

prepared in support of development of 

a new high-security United States 

Penitentiary (USP) and FPC in Letcher 

County. 

In July 2019, the Acting FBOP 

Director Hugh J. Hurwitz withdrew the 

2018 ROD based on new cost and 

Adults in Custody (AIC) population 

trend information that came to light, 

which may have been relevant to the 

environmental analysis for the Proposed 

Action. The FBOP has continuously 

evaluated its current and projected 

future AIC populations and determined 

that the need to house medium-security 

AIC in the Mid-Atlantic Region 

supersedes the need to house highsecurity AIC. Since the design, 

construction, and operation of a highsecurity USP differs from a mediumsecurity FCI, the potential 

environmental impacts of its 

development and operation would also 

be different. As a result of the 2018 ROD 

being withdrawn, the FBOP undertook 

new evaluations and analyses in 

accordance with current Council on 

Environmental Quality and NEPA 

guidelines, DOJ procedures for 

implementing NEPA, and other federal 

regulations as part of preparation of a 

new DEIS. The FBOP published a DEIS 

on March 1, 2024, and a FEIS on July 

12, 2024, to develop a new FCI in 

Letcher County, Kentucky to meet its 

immediate and long-term needs. 

III. Purpose and Need for the Project 

The purpose and need for developing 

the proposed FCI and FPC was 

determined by the growing number of 

aged and obsolete federal correctional 

facilities, which are no longer costeffective or sustainable to operate and 

maintain. The FBOP is responsible for 

all aspects of facility and infrastructure 

operations, maintenance, repairs, and 

renovations including interior and 

exterior finishes; roofs and structural 

systems; perimeter fences and other 

security measures; mechanical, 

electrical, plumbing, lighting, and 

utility systems; communication 

equipment, and fire protection and life 

safety systems. The condition of 

facilities, infrastructure, and equipment 

is critical to effective correctional 


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facility operation and security. This is 

the case with the federal prison system 

where facilities and infrastructure are in 

continuous use and require frequent 

maintenance ranging from routine 

inspections and repairs to large-scale 

upgrades, renovations, and 

replacements. Of the FBOP’s many 

institutions, 62 were developed between 

1890 and 1991, 55 institutions were 

developed between 1992 and 2007, and 

five were developed since 2008. 

The FBOP proposes to acquire 

approximately 500 acres in Letcher 

County to construct and operate a 

modern new FCI, FPC, and ancillary 

facilities to meet the need to house 

medium- and minimum-security AIC in 

the Mid-Atlantic Region. Ancillary 

facilities would include a central utility 

plant, garage/landscape building, 

outside warehouse, staff training 

building and outdoor firing range, water 

storage tank, access drive, and internal 

roadways and parking lots. The 

proposed FCI would be designed to 

house 1,152 medium-security AIC with 

the FPC designed to house 256 

minimum-security AIC for a total 

population of 1,408 AIC. 

IV. Alternatives Considered 

A. No Action Alternative 

The No Action Alternative is defined 

as a decision by the FBOP not to 

proceed with the Proposed Action, 

thereby precluding development of a 

new FCI/FPC to house a portion of the 

federal AIC population in the MidAtlantic Region and maintaining the 

status quo. 

Adopting the No Action Alternative 

would avoid the potential short-term, 

temporary impacts associated with FCI/ 

FPC construction, among them 

increased noise levels, fugitive dust 

emissions, soil erosion, fuel 

consumption with the associated air 

emissions, and traffic volumes. 

Adopting the No Action Alternative 

would also avoid the potential 

permanent impacts to land use, 

biological resources, utility services, 

visual and aesthetic resources, and 

traffic volumes associated with FCI/FPC 

construction and operation. 

Implementation of the No Action 

Alternative, however, would result in 

the loss of positive benefits including 

contributing to achieving the mandates 

of Congress; the need for modern, 

secure, efficient and cost-effective 

institutions; the societal benefits 

derived from efficient operation of the 

federal criminal justice system; and the 

economic and employment 

opportunities which would become 

available as a result of FCI/FPC 

development. 

The FBOP has a need for modern and 

secure correctional facilities and 

infrastructure nationwide. With 

increasing numbers of federal 

correctional facilities becoming 

outdated, physically and operationally 

obsolete, and costly to operate and 

maintain, the FBOP is required to 

continuously improve the system’s 

infrastructure through repair and 

renovation of existing facilities when 

possible and construction of new 

institutions when necessary. The No 

Action Alternative does not meet the 

purpose and need for the Proposed 

Action and has been eliminated from 

consideration. 

B. Letcher County Alternatives 

In 2006, Congress directed the FBOP 

to initiate various investigations for 

development of a new federal 

correctional institution in Letcher 

County, Kentucky. In conformance with 

that directive, the FBOP has focused its 

attention and resources upon the 339- 

square-mile area comprising Letcher 

County at the exclusion of other areas of 

the Mid-Atlantic Region and the U.S. as 

a whole. 

Planning for a new federal 

correctional facility began in earnest in 

2008. At that time, FBOP officials began 

familiarizing themselves with Letcher 

County by gathering technical 

information and engaging elected 

officials, federal, state and local 

governmental agencies, members of the 

business community, leaders of 

educational and health care institutions, 

utility providers, and others 

knowledgeable of local conditions 

affecting development. With assistance 

from community members, the process 

of identifying prospective sites began 

with a focus on physical conditions and 

characteristics influencing development 

in Letcher County along with the 

availability of public services and 

infrastructure. Candidate sites were 

identified on the basis of initial 

development requirements: 

• Sufficient land area to 

accommodate the institution and a 

buffer zone between the facility and 

neighboring properties. 

• Relatively level building sites or 

properties that could be altered to 

accommodate development. 

• Ability to avoid sensitive 

environmental resources including 

floodplains, wetlands, threatened and 

endangered species habitats, and 

cultural and historic resources. 

• Avoidance of potential conflicts 

with adjoining or nearby land uses. 

• Availability of utility and 

transportation infrastructure. 

• Willingness of owners to consider a 

sale of their property. 

Sites that satisfied these initial 

requirements were evaluated further by 

applying increasingly rigorous criteria 

to ensure that all issues or potential 

issues are adequately addressed. Sites 

that appear suitable on the basis of the 

initial evaluations were subjected to indepth analysis and documented in the 

form of EISs and other technical studies. 

1. Identification of Alternative Sites 

After the FBOP’s site requirements 

were shared with Letcher County 

representatives, four candidate sites— 

Meadow Branch, Payne Gap, Roxana, 

and Van/Fields sites, were made 

available for evaluation for possible 

acquisition and development. All four 

sites are located in proximity of the City 

of Whitesburg (Letcher County seat). 

The FBOP conducted a Site 

Reconnaissance Study (2008) to 

determine the suitability of each for 

development. Based on the results of the 

Site Reconnaissance Study, the FBOP 

determined that the four sites should be 

studied further in the form of a 

Feasibility Study. Completed in 2011, 

the Feasibility Study assessed cultural 

resources, wetlands, geologic 

conditions, and infrastructure 

availability and provided in-depth 

analyses of each site while identifying 

constraints that could eliminate a site 

from further consideration. 

While conducting the Feasibility 

Study, the offer to consider the Meadow 

Branch site was withdrawn and the site 

was dropped from consideration. For 

the remaining sites, various technical 

studies were conducted. However, as 

the Feasibility Study neared 

completion, the Van/Fields site owners 

were no longer interested in selling the 

property, necessitating its removal from 

consideration. The remaining two sites, 

Payne Gap and Roxana, were considered 

viable alternatives and were the subject 

of a DEIS published in February 2015 

and subsequent EISs published between 

July 2015 and September 2017. 

2. Search for Other Alternative Sites 

During the development of the current 

EIS the FBOP conducted another search 

in Letcher County for sites that would 

be suitable for development based on 

the siting criteria. The site search, 

undertaken from June to November 

2022, revealed small pockets of 

relatively level topography scattered 

throughout the county. Many of these 

locations comprise previous surface 

mines, which were reclaimed after the 

mineral deposits were extracted and are 


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being redeveloped for housing and 

small-scale warehouse and light 

industrial uses as well as golf courses 

and other recreational uses. In addition 

to areas where the surface extraction of 

coal took place, large tracts of land in 

Letcher County were subjected to 

underground coal mining, which 

depending upon the depth of the mines 

and mining methods, rendered such 

lands equal to or less suitable than the 

Roxana and Payne Gap sites. 

Many of the sites reviewed in 2022 

were located within lower elevations 

and adjoining or near streams and rivers 

that are susceptible to flooding during 

severe weather events. No properties 

examined in 2022 were found 

sufficiently level and unencumbered to 

accommodate the proposed 

development without significant 

topographic alterations and the 

associated environmental impacts. 

In addition to a site’s physical 

characteristics, the interest and 

cooperation of property owners is 

another key factor in determining a 

site’s potential for FBOP use. During the 

initial planning phase, the FBOP seeks 

out owners willing to negotiate a sale of 

their holdings thereby avoiding other 

methods of property acquisition. In 

2022, inquiries and outreach were made 

to several property owners to ascertain 

their willingness to discuss their land 

holdings; however, none of the property 

owners approached showed any interest 

in participating in such a discussion. As 

a result, the effort to identify other 

alternative locations in Letcher County 

for development of the proposed project 

ended in favor of continuing to consider 

the Payne Gap and Roxana sites as 

alternatives. 

3. Alternative Location, Payne Gap Site 

This alternative involves acquisition 

of approximately 753 acres known as 

the Payne Gap Site and located 11 miles 

east of Whitesburg. The site is situated 

on a steeply sloping upland landform 

above the Kentucky River at its 

confluence with the Laurel Fork. U.S. 

Route 119 is located along the north end 

of the site and would be the means of 

vehicular access. The site is covered by 

secondary growth forests and portions 

of the original topography have been 

altered by past mining activities with 

spoil piles, unpaved roads, and fill piles 

covering the site. Mining permit 

applications indicate both surface and 

underground mining operations dating 

to the 1950s have occurred within the 

site. Summer roosting habitat and 

winter hibernaculum for the endangered 

northern long eared bat have also been 

identified at the Payne Gap Site. 

To accommodate development 

approximately 300 acres of the Payne 

Gap Site would require extensive rock 

and spoil excavation and fill material to 

level and prepare the site for 

development. While site preparation 

would require the removal of mine 

spoil, there are no slurry ponds or coal 

mine waste facilities located on or near 

the Payne Gap Site and no active mining 

is occurring on site. 

4. Alternative Location, Roxanna Site 

This alternative involves acquisition 

of approximately 500 acres known as 

the Roxana Site and located 10 miles 

west of Whitesburg. Much of the site 

consists of relatively steep terrain with 

similarly steep terrain extending beyond 

the site boundaries to the north and 

south. However, portions of the original 

topography have been altered by past 

mining activities rendering the central 

portion of the site relatively level. The 

site is also covered by secondary growth 

forests which have occurred since 

surface mining ended. Mining permit 

applications indicate mining operations 

dating to the 1960s have occurred 

within the site. 

To accommodate development, 

approximately 200 acres of the site 

would require extensive excavation of 

spoil material and lesser amounts of 

structural fill and spoil fill. Preparation 

of the site for construction activities 

would also require dynamic 

compaction, clearing and alteration of 

previously mined areas, and forest 

clearing. Excavations would include the 

removal of mine spoil. No slurry ponds 

or coal mine waste facilities are located 

on or within two miles of the Roxana 

Site and no active mining is occurring 

on site. 

C. Preferred Alternative 

Development of the proposed 

medium-security FCI and minimumsecurity FPC at the Roxana Site is 

considered the Preferred Alternative as 

it best meets the project needs and, on 

balance, would have fewer impacts to 

the human environment. Threatened 

and endangered species habitat was also 

a factor in the identification of the 

Preferred Alternative with development 

at the Payne Gap Site potentially 

impacting a significant amount of 

summer roosting habitat versus the 

amount that would be affected at the 

Roxana Site. Development at the Payne 

Gap Site would also have significant 

impacts to wastewater and natural gas 

infrastructure, while the Roxana Site 

would have less than significant 

impacts to utility infrastructure. 

Based upon these and other potential 

environmental impacts applicable to 

each site, including wetlands and 

stream impacts and significantly greater 

site preparation required for the Payne 

Gap Site, development of the proposed 

project at the Roxana Site has been 

determined by the FBOP to be the 

Preferred Alternative. The Preferred 

Alternative meets the project objectives, 

is technically feasible, would have 

fewer natural resource and other 

environmental impacts, and 

incorporates measures to avoid or 

minimize environmental impacts to the 

extent practicable. Reinforcing the 

Roxana Site as the Preferred Alternative 

is the preference expressed by Letcher 

County’s elected representatives, 

community leaders, members of local 

institutions and businesses to 

developing the proposed correctional 

facility at the Roxana Site. 

V. Avoidance, Minimization, and 

Mitigation Measures 

Based on the findings represented by 

the DEIS and FEIS (2024), the FBOP 

shall implement the avoidance, 

minimization, and mitigation measures 

described below to lessen the potential 

adverse environmental impacts 

associated with the Preferred 

Alternative. With regards to 

socioeconomic considerations, 

southeastern Kentucky in general, and 

Letcher County in particular, has 

experienced steady declines in 

population, commercial activity, and 

other social and economic indices. 

Expanded employment and economic 

opportunities arising from FCI/FPC 

development are considered beneficial 

to achieving the social and economic 

goals of Letcher County and the 

surrounding region. The Preferred 

Alternative is also not expected to result 

in adverse impacts to Environmental 

Justice populations, therefore, 

mitigation measures for social, 

economic, and Environmental Justice 

are not warranted. 

1. Topography, Geology, Soils, and 

Hydrology 

(a) Earthwork and related ground 

disturbance shall be minimized by 

developing the FCI/FPC in a compact, 

campus-style arrangement thereby 

limiting the area subject to disturbance. 

(b) To the degree feasible, site 

preparation activities would only 

disturb areas necessary for the current 

phase of construction. 

(c) Engineering studies of surface and 

subsurface conditions shall be 

conducted to ensure appropriate 

standards and sound building practices 

are specified prior to construction. Risks 

associated with seismic activity and 

measures to minimize such risks shall 


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be addressed during design and 

construction. 

(d) A Soil Erosion and Sediment 

Control Plan (E&S Control Plan) shall be 

prepared describing measures for 

controlling erosion and sedimentation 

during construction. Attention would be 

directed toward erosion potential and 

other engineering characteristics of 

rocks, spoil material, and soils to be 

encountered during construction. The 

E&S Control Plan shall be submitted to 

the Kentucky Department of 

Environmental Protection, Division of 

Water for approval prior to 

implementation. 

(e) During construction, erosion 

control measures would be inspected 

and replaced or repaired as required. 

Erosion control measures to be 

maintained following construction shall 

include lawns and landscaping, 

discharge pipe aprons, pipe outlet 

channels, and similar controls. 

(f) To ensure safe and secure 

operation of the FCI/FPC during a 

severe weather event, the FBOP shall 

prepare an Adverse Weather Plan and 

Institution Evacuation Plan that will, 

among other things, define the food and 

other provisions, emergency equipment, 

fuel, and similar necessities to be 

stockpiled on-site at all times to 

maintain uninterrupted operation and 

safeguard AICs and FBOP employees 

who would remain at their posts for the 

duration of the severe weather event 

and its aftermath. 

2. Water Resources 

(a) A Clean Water Act, Section 404 

permit application shall be prepared to 

document potential impacts and 

mitigation measures for review and 

approval by the U.S. Army Corps of 

Engineers. It is anticipated that 

mitigation shall consist of payment into 

the in-lieu fee mitigation program 

managed by the Kentucky Department 

of Fish and Wildlife Resources. 

(b) A Stormwater Pollution 

Prevention Plan (SWPPP) shall be 

prepared addressing temporary and 

permanent surface water and 

stormwater management controls. The 

SWPPP shall be submitted to the 

Kentucky Department of Environmental 

Protection, Division of Water for review 

and approval prior to implementation. 

(c) In accordance with the SWPPP, 

stormwater collection infrastructure 

shall be installed to control runoff by 

directing stormwaters into basins to 

attenuate the intensity of the flow and 

to allow suspended solids in the 

stormwater to settle out prior to 

discharge to receiving streams. 

(d) A Groundwater Protection Plan 

shall be prepared describing temporary 

and permanent groundwater protection 

measures and submitted to the 

Kentucky Department of Environmental 

Protection, Watershed Management 

Branch, Groundwater Section for review 

and approval prior to implementation. 

3. Biological Resources 

(a) Impacts to common vegetation and 

wildlife during construction shall be 

minimized by limiting the area of 

disturbance to the extent possible. Upon 

completion of construction, disturbed 

areas would be re-vegetated with native 

plant species. 

(b) Under the Conservation 

Memoranda of Agreement with U.S. 

Fish and Wildlife Service, the FBOP 

shall contribute to the Imperiled Bat 

Conservation Fund as compensatory 

mitigation for potential adverse effects 

on special status bat species. 

(c) FBOP shall review, revise and 

update as necessary, and resubmit its 

Biological Assessment to reinitiate 

formal consultations with the U.S. 

Department of the Interior, Fish and 

Wildlife Service (USFWS) under 

Section 7 of the Endangered Species 

Act. FBOP shall ensure that the FCI/FPC 

project is implemented as documented 

in the updated Biological Assessment 

and subsequent updated Biological 

Opinion (BO) to be issued by USFWS. 

(d) Conservation measures 

documented in the Biological 

Assessment shall be incorporated in 

project design and construction 

including: avoiding tree removal during 

June and July and blasting from 

November 15 through March 31; 

conduct construction activities from 

April 15 through October 31 in suitable 

Indiana bat and/or northern long-eared 

bat habitat during daylight hours; 

require vehicles and equipment to be 

inspected to remove visible plant and 

seed material prior to entering the 

project area; and fence off potential bat 

hibernacula and install warning signs 

around the area to prevent disturbance. 

4. Cultural Resources 

(a) A minimum 100-foot buffer from 

all development shall be maintained 

around the Frazier Cemetery (Kentucky 

Historical Society, Site 15Lr115). 

(b) If improvements are necessary to 

KY 160 and/or KY 588 which result in 

Adverse Effects on National Registereligible resources, consultations shall be 

undertaken with the Kentucky State 

Historic Preservation Office, Native 

American Tribes, the Advisory Council 

on Historic Preservation, and other 

appropriate organizations. Based on the 

potential impacts and results of the 

consultations, measures to mitigate for 

Adverse Effects shall be determined, 

agreed upon, and implemented as 

appropriate. 

5. Hazardous Materials 

(a) Locations of petroleum extractionrelated releases at the compressor 

station, the damaged aboveground 

storage tank (AST), and the AST open 

drain valve shall be tested to identify 

contaminated soils with necessary 

remediation conducted in compliance 

with applicable regulations of the 

Kentucky Department of Environmental 

Protection, Hazardous Waste Branch. 

(b) Contaminated soils shall be 

disposed of only at permitted disposal 

facilities. 

(c) Remediation reports and records 

shall be submitted to the Kentucky 

Department of Environmental 

Protection, Hazardous Waste Branch in 

accordance with applicable regulations. 

(d) Construction materials considered 

hazardous shall be stored and handled 

in accordance with applicable 

environmental, public safety, and 

occupational health regulations to 

prevent polluting soil, surface waters, or 

groundwater. Storage of hazardous 

materials shall be minimized or avoided 

where practicable. 

(e) Staging areas shall be established 

prior to construction for the temporary 

storage and handling of hazardous 

materials. Liquid storage areas shall be 

provided with secondary containment 

systems. Stored materials shall be 

removed from designated areas by 

authorized personnel only and recorded 

by personnel overseeing construction. 

(f) FCI/FPC operation shall adhere to 

applicable regulations governing the 

handling, storage, and disposal of 

hazardous wastes. 

(g) Biohazardous medical wastes shall 

be stored, collected and disposed of in 

accordance with institution policies and 

procedures and applicable regulations. 

6. Visual and Aesthetic Resources 

(a) Development shall be directed 

towards the central portion of the site in 

a compact, campus-style arrangement 

that limits visual and physical presence 

from neighboring properties while 

allowing for the majority of the site’s 

forests, understory, and topography to 

remain undisturbed. 

(b) Design features that are sensitive 

to the site’s visual environment shall be 

employed including developing 

structures that are primarily one and 

two stories in height and unobtrusive to 

the degree possible. 

(c) Buffer areas consisting of forest 

stands and other vegetation shall be 

maintained between the facility and its 

security perimeter and neighboring 


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properties to maintain visual 

compatibility. 

(d) Outdoor lighting shall comply 

with FBOP Technical Design Guidelines 

(Section 26 25 00—Exterior Lighting) 

including NFPA 70—National Electric 

Code; NFPA 101—Life Safety Code; 

IESNA—Lighting Handbook, Reference, 

and Application; the American 

Correctional Association; and the Buy 

American Act. 

(e) Measures to limit unwanted light 

shall be specified, including use of full 

cutoff luminaries for security, parking 

lot, roadway, and pathway lighting 

resulting in maximum downlighting and 

minimal upward dispersal of light to the 

sky. 

(f) Low-reflective surface materials 

shall be specified where practical to 

minimize upward reflection of light. 

(g) Access drive location and design 

shall be given careful attention 

including placement of directional 

signage and lighting fixtures leading to 

the FCI/FPC. 

(h) Design, construction, and 

maintenance of all facilities and 

infrastructure shall adhere to a high 

standard. 

7. Community Facilities and Services 

(a) Construction and operating 

policies and procedures shall be 

communicated to and coordinated with 

the Letcher County Sheriff’s Office, the 

Kentucky State Police, and local police 

departments and fire protection 

companies operating in Letcher County. 

(b) Agreements shall be established 

with local emergency ambulance 

services in cases requiring an employee 

or AIC to be transported to an area 

medical facility. 

(c) Agreements shall be established 

with area medical facility(s) for 

emergency care in cases involving 

employees and AIC. 

8. Land Use 

(a) Setbacks and buffer areas shall be 

established to achieve land use 

compatibility between the facility and 

neighboring properties. 

(b) The distance and mountainous 

conditions separating Lilley Cornett 

Woods from the project site and the 

large undeveloped acreage surrounding 

the FCI/FPC shall ensure adverse land 

use impacts to Lilley Cornett Woods are 

avoided. 

9. Utilities 

(a) Development of the on-site water 

storage tank and distribution system 

shall follow applicable regulations with 

plans submitted to the Kentucky 

Department of Environmental 

Protection, Division of Water for review 

and approval prior to construction. 

(b) Development of the on-site 

wastewater collection system shall 

follow applicable regulations with plans 

submitted to the Kentucky Department 

of Environmental Protection, Division of 

Water for review and approval prior to 

construction. 

(c) Extension of electric power shall 

follow applicable regulations while 

avoiding service disruptions and 

maintaining effective worker safety 

practices and procedures. 

(d) Permanent closure, abandonment, 

and/or relocation of on-site oil/natural 

gas wells and associated infrastructure 

shall comply with applicable 

regulations of the Kentucky Department 

of Natural Resources, Division of Oil 

and Gas. 

(e) Construction wastes shall be stored 

on-site and transported to facilities 

permitted to accept such wastes for 

recycling or disposal. 

(f) Solid wastes generated during FCI/ 

FPC operation shall be stored in 

enclosed dumpsters or roll off 

containers in accordance with 

institution policies and procedures until 

collected and transported for recycling 

or final disposal. 

10. Transportation 

(a) A Traffic Safety and Maintenance 

Plan shall be developed prior to 

construction. The plan shall identify 

optimum vehicle routing during 

construction including permissible 

traffic movements along KY 588 and KY 

160, vehicle height and weight 

limitations, and the need for temporary 

detours or lane closures to avoid 

damaging roadways. 

(b) Construction schedules and 

activities shall be communicated and 

coordinated with the appropriate 

Commonwealth of Kentucky and 

Letcher County law enforcement and 

transportation agencies so traffic safety 

is maintained and any disruptions to 

normal traffic operations are minimized. 

11. Air Quality 

(a) Best management practices shall 

be implemented during construction 

including covering and/or periodically 

wetting exposed soil, material 

stockpiles, and other unpaved surfaces; 

providing dust control measures during 

weekends, after hours, and prior to daily 

start-up of construction activities; 

operating equipment in accordance with 

manufacturer’s specifications; and 

limiting unnecessary idling of dieselpowered engines among other measures. 

(b) Design and construction shall 

follow applicable regulations with 

permit(s) obtained from the Kentucky 

Department for Environmental 

Protection, Division for Air Quality for 

air emission sources. 

(c) Electric charging stations shall be 

provided for dedicated on-site 

government vehicles with additional 

infrastructure installed for future 

charging stations for employee and 

visitor electric powered vehicles. 

(d) Design and construction of 

facilities shall apply the appropriate 

codes and incorporate features to 

minimize the potential for radon to 

accumulate in concentrations exceeding 

U.S. Environmental Protection Agency 

action levels. 

12. Noise 

(a) Construction activities shall be 

confined to normal working hours to the 

extent feasible. 

(b) Construction equipment shall be 

equipped with appropriate noise 

attenuation devices and be maintained 

and operated in accordance with 

manufacturers specifications. 

(c) Material and equipment staging 

areas and haul routes would be placed 

away from property boundaries to 

minimize potential for off-site noise 

impacts. 

13. Climate 

(a) FBOP shall pursue the sustainable 

green building certification program 

Leadership in Energy and 

Environmental Design including use of 

low volatile organic compound (VOC) 

materials, elimination of ozone 

depleting gases, and other conservation 

measures. 

(b) FBOP shall consider Executive 

Order 13693, Planning for Federal 

Sustainability in the Next Decade, 

Executive Order 14057, Catalyzing 

Clean Energy Industries and Jobs 

Through Federal Sustainability, Council 

on Environmental Quality’s Final NEPA 

Guidance on Consideration of the 

Effects of Climate Change and 

Greenhouse Gas Emissions and other 

applicable executive orders and 

regulations during FCI/FPC design and 

construction. 

VI. Decision 

Based on consultations with federal, 

Commonwealth of Kentucky, and local 

regulatory agencies; consideration of 

potential environmental consequences; 

current operational, security, and 

management needs for the Mid-Atlantic 

Region; public comments on the 2024 

DEIS and FEIS; and having been 

apprised of the material and information 

contained in previous technical studies, 

the FBOP has decided to select 

development of a new FCI and FPC at 

the Roxana Site in Letcher County as the 


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Federal Register / Vol. 89, No. 208 / Monday, October 28, 2024 / Notices 85565 

Preferred Alternative as summarized 

above and described in detail within the 

2024 FEIS. Development of the 

proposed project at the Roxana Site in 

Letcher County is contingent on the 

availability of funding sufficient to 

proceed. 

VII. Rationale 

The FBOP’s decision is based on the 

following: 

The condition of facilities, 

infrastructure, and equipment is critical 

to effective correctional facility 

operation and security. As a result of 

their continuous use, facilities, 

infrastructure, and equipment require 

frequent maintenance and repairs, largescale upgrades and renovations, and in 

select cases, complete replacement. 

With over 50 percent of all federal 

correctional facilities developed prior to 

1991, and many facing a substantial 

backlog of Modernization and Repair 

(M&R) work, the challenge confronting 

the FBOP to continue achieving its 

mission with aging and obsolete 

institutions is formidable. 

Coinciding with the need for modern 

facilities and infrastructure, Congress 

directed the FBOP to conduct 

investigations leading to development of 

a new federal correctional facility in 

Letcher County, Kentucky. The decision 

to develop a new FCI and FPC at the 

Roxana Site in Letcher County is based 

on the many detailed investigations 

conducted by the FBOP and 

demonstrates compliance with 

Congress’ directive while best meeting 

the FBOP’s goals and objectives. 

Because implementation of this 

alternative would have fewer adverse 

impacts on the human and natural 

environments, the FBOP considers it to 

be the Preferred Alternative. 

Construction of the proposed FCI/FPC 

at the Roxana Site will result in shortterm, temporary impacts including 

increased noise levels, fugitive dust 

emissions, soil erosion, traffic volumes, 

and fuel consumption with the 

associated air emissions. Permanent and 

significant impacts to topography, 

geology and soils would also occur from 

construction with permanent and less 

than significant impacts anticipated to 

land use, community facilities and 

services, transportation and traffic, 

visual and aesthetic resources, air 

quality, cultural resources, noise, utility 

services, water resources, biological 

resources, and hazardous materials, as 

defined by NEPA. 

While construction and operation of 

the proposed FCI/FPC at the Roxana 

Site will cause unavoidable impacts, 

activities involving construction and 

operation shall comply with applicable 

federal statutes, implementing 

regulations, Executive Orders, and other 

consultation, review, and permit 

requirements. Unavoidable adverse 

impacts to natural and manmade 

resources will be controlled, reduced, or 

eliminated by the avoidance, 

minimization, and mitigation measures 

identified in Section V (Avoidance, 

Minimization, and Mitigation Measures) 

of this ROD. 

The FBOP will implement a 

Monitoring and Enforcement Program 

(MEP) to ensure that the proposed 

avoidance, minimization, and 

mitigation measures documented within 

this ROD are implemented. The MEP 

will identify the timing, responsibility, 

and method of implementation of the 

proposed measures, as well as any 

required monitoring and enforcement 

activities. As part of the program, each 

project contractor will be required to 

implement the mitigation measures 

arising from its project activities with 

the FBOP or its authorized agencies 

overseeing, inspecting and monitoring 

the measures to ensure compliance. The 

FBOP will be responsible for any 

mitigation measures required as part of 

FCI/FPC operation. The FBOP will 

maintain the MEP throughout project 

implementation and will include the 

MEP in the project administrative 

record. Any on-going obligations will be 

the responsibility of the FBOP. 

Development of the proposed FCI/ 

FPC at the Roxana Site will result in 

beneficial impacts by adding a modern 

new correctional facility to the federal 

prison system. In doing so, the local and 

regional economies will benefit from the 

addition of 325 permanent workers and 

new annual wages and salaries of $43 

million along with $14 million in 

annual expenditures for supplies, 

equipment, utilities, and other goods 

and services necessary for operation. 

The estimated $57 million annual 

operating budget is also expected to 

indirectly support additional private 

sector employment in Letcher County 

and throughout southeastern Kentucky. 

The region has experienced declining 

populations and slow or no economic 

growth which makes development of 

the proposed FCI/FPC attractive and 

consistent with the socioeconomic goals 

and objectives expressed by Letcher 

County leaders and representatives. 

The FBOP will rely upon the Letcher 

County Water and Sewer District for the 

provision of water supply and 

wastewater treatment services along 

with other providers for electric power, 

natural gas, telecommunications, and 

solid waste collection services. Positive 

economic benefits will also accrue to 

those utility providers from suppling 

such services. The necessity for utility 

service upgrades, extensions and related 

improvements will be communicated 

and coordinated with all appropriate 

agencies. 

Prior to making this decision, the 

FBOP carefully considered comments 

received following the publication of 

the 2024 DEIS and FEIS. The comments 

and responses thereto are hereby 

acknowledged and measures to avoid, 

minimize, and mitigate potential 

adverse impacts are documented within 

Section V of this ROD. The FBOP has 

also carefully considered potential 

environmental justice impacts of the 

Proposed Action as discussed in the 

2024 FEIS, together with comments 

concerning environmental justice 

submitted during the DEIS and FEIS 

process. As documented in the 2024 

FEIS, the FBOP has determined that the 

Proposed Action will not result in either 

a disparate or significantly adverse 

impact to low-income or minority 

populations to which Executive Order 

12898 is applicable. 

VIII. Conclusion 

After consulting with FBOP staff and 

being appraised of material in the 2024 

DEIS and FEIS and visiting Letcher 

County in August 2024, it is the 

decision of the undersigned that the 

FBOP select the Roxana Site for land 

acquisition and the development of a 

FCI and FPC in Letcher County. 

Colette S. Peters, 

Director, Federal Bureau of Prisons. 

[FR Doc. 2024–24948 Filed 10–25–24; 8:45 am] 

BILLING CODE P 

MERIT SYSTEMS PROTECTION 

BOARD 

Performance Review Board 

Membership 

AGENCY: Merit Systems Protection 

Board. 

ACTION: Notice. 

SUMMARY: The Merit Systems Protection 

Board announces the appointment of 

the members of its Senior Executive 

Service Performance Review Board. 

This notice supersedes all previous 

notices regarding the Performance 

Review Board membership. 

DATES: These appointments are effective 

October 28, 2024. 

FOR FURTHER INFORMATION CONTACT: 

Pervis Lee, Director of Human 

Resources, Merit Systems Protection 

Board, 1615 M Street NW, Washington, 

DC 20419; telephone: (771) 210–1492; or 

email: pervis.lee@mspb.gov. 


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