[Federal Register Volume 87, Number 126 (Friday, July 1, 2022)]
[Notices]
[Pages 39586-39589]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-14125]


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TENNESSEE VALLEY AUTHORITY


North Alabama Utility-Scale Solar Facility Environmental Impact 
Statement

AGENCY: Tennessee Valley Authority.

ACTION: Issuance of record of decision.

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SUMMARY: The Tennessee Valley Authority (TVA) has decided to adopt the 
preferred alternative identified in its final environmental impact 
statement (Final EIS) for the North Alabama Utility-Scale Solar 
Facility. The Final EIS was made available to the public on May 9, 
2022. A Notice of Availability (NOA) of the Final EIS was published in 
the Federal Register on May 13, 2022. TVA's preferred alternative, 
analyzed in the Final EIS as the Proposed Action Alternative, consists 
of TVA constructing an approximately 200-megawatt (MW) alternating 
current (AC) solar photovoltaic (PV) facility, including an electrical 
substation and possibly a battery energy storage system (BESS), on an 
approximately 1,459-acre portion of a 2,896-acre Project Site currently 
owned by TVA, two miles east of Courtland in Lawrence County, Alabama. 
In addition, up to 150 acres on the Project Site would be maintained as 
species-rich native plant meadow. The Project would connect to the 
existing adjacent Reservation-Mountain Home 161-kilovolt (kV) 
transmission line (TL), which crosses the southern portion of the 
Project Site. The interconnection of the solar PV facility would 
require network upgrades on this TL in Lawrence County. This 
alternative would achieve the purpose and need of the Project to meet 
the demand for increased renewable energy generation and partially 
fulfill the renewable energy goals established in TVA's 2019 Integrated 
Resource Plan (IRP).

ADDRESSES: To access and review the Final EIS, this Record of Decision 
(ROD), and other project documents, go to TVA's website at https://www.tva.gov/nepa.

FOR FURTHER INFORMATION CONTACT: Elizabeth Smith, Tennessee Valley 
Authority, 400 West Summit Hill Drive, WT 11B, Knoxville, Tennessee 
37902, 865-632-3053, <a href="/cdn-cgi/l/email-protection#b1d4c2dcd8c5d98085f1c5c7d09fd6dec7"><span class="__cf_email__" data-cfemail="90f5e3fdf9e4f8a1a4d0e4e6f1bef7ffe6">[email protected]</span></a>.

SUPPLEMENTARY INFORMATION: This notice is provided in accordance with 
the Council on Environmental Quality's regulations (40 CFR 1500 through 
1508) and TVA's procedures for implementing the National Environmental 
Policy Act (NEPA). TVA is a federal agency and instrumentality of the 
United States, established by an act of Congress in 1933, to foster the 
social and economic well-being of the residents of the Tennessee Valley 
region. As part of its diversified energy strategy, TVA produces or 
obtains electricity from a diverse portfolio of energy sources, 
including solar, hydroelectric, wind, biomass, fossil fuel, and 
nuclear. In June 2019, TVA completed its 2019 IRP and associated EIS. 
The 2019 IRP, which updated the 2015 IRP, identified the various 
resources that TVA intends to use to meet the energy needs of the TVA 
region over a 20-year planning period, while achieving TVA's objectives 
to deliver reliable, low-cost, and cleaner energy with fewer 
environmental impacts. The 2019 IRP recommends the expansion of solar 
generating capacity of up to 14,000 MW by 2038.
    TVA entered into a two-year Purchase Option Agreement in October 
2019 for the Project Site and purchased the property before expiration 
of the agreement in October 2021 to preserve the option of the Proposed 
Action Alternative in the ongoing environmental review. Since the 
property once acquired could be readily sold, TVA considers this land 
purchase to be an action that is reversible in the future. TVA would 
not initiate Project-related actions on the Project Site unless the 
Proposed Action is selected with the issuance of the ROD. TVA would 
either maintain the Project Site through periodic mowing or enter into 
lease agreement(s) with local farmer(s) to continue agricultural 
operations.
    TVA has prepared an EIS pursuant to NEPA to assess the 
environmental impacts of the Proposed Action to construct an 
approximately 200-MW AC solar PV facility, including an electrical 
substation and possibly a BESS, on an approximately 1,459-acre portion 
of the TVA-owned Project Site, and the interconnection of the solar PV 
facility to the existing Reservation-Mountain Home 161-kV TL and 
associated network upgrades.
    Alternatives Considered: TVA considered two alternatives in the 
Draft EIS and Final EIS.
    No Action Alternative. Under the No Action Alternative, TVA would 
not develop the North Alabama Utility-Scale Solar Facility at the 
Project Site and would pursue other actions to meet its renewable 
energy goals established in the 2019 IRP. TVA would retain ownership of 
the site until decisions on its future development and/or disposal, 
assessed in subsequent NEPA reviews, are made. Until that point, TVA 
would conduct necessary site maintenance, such as periodic inspections 
and mowing of parts of the site. TVA may also enter into lease 
agreement(s) with local farmer(s) for continued agricultural 
operations. TVA may implement environmental enhancement measures by 
establishing and maintaining the proposed species-rich native plant 
meadow and/or by expanding the suitable habitat for the state-listed 
Tuscumbia darter and the globally rare round-rib elimia, wherein TVA 
would thin the dense vegetative buffer along Wheeler Branch and 
maintain the thinned buffer. These interim activities would follow 
TVA's standard best management practices and permitting requirements 
and would align with TVA's natural resource management policies as 
described in its 2020 Natural Resource Plan and EIS. Agricultural lease 
agreements with farmers would adhere to TVA's standards listed in its 
Grasslands and Agricultural Lands Management License provisions.
    Proposed Action Alternative. Under the Proposed Action Alternative, 
TVA would construct an approximately 200-MW AC solar PV facility known 
as the North Alabama Utility-Scale Solar Facility, including an 
electrical substation and possibly a 200-MW hour (MWh) BESS. The solar 
PV facility, BESS, and associated 161-kV Project substation would 
occupy approximately 1,459 acres of a 2,896-acre Project Site located 
along U.S. Highway 72 Alternate approximately two miles east of the 
town of Courtland in northeastern Lawrence County, Alabama. The solar 
facility and associated components would be designed to avoid and 
minimize impacts to environmental resources to the maximum extent 
possible. In addition, up to 150 acres of the Project Site would be 
maintained as species-rich native plant meadow. As part of the Proposed 
Action, TVA may also construct a 200-MWh BESS within the 1,459-acre 
developed portion of the Project Site, adjacent to the Project 
substation. TVA would develop the facility with the intent of entering 
into a power purchase agreement (PPA) with a qualified company to own, 
maintain, and operate the facility under terms of the PPA for up to a 
20-year period. The PPA would include appropriate

[[Page 39587]]

commitments and restrictive covenants for the protection of 
environmental resources. At the end of the PPA term, TVA would 
repurchase the facility and either let the PPA expire and decommission 
the facility or as evaluated under separate environmental review, enter 
into a new PPA or choose to operate the solar facility for an 
additional period. The facility output would be transmitted to the TVA 
electrical network via an interconnection with the existing 
Reservation-Mountain Home 161-kV TL, which crosses the southern portion 
of the Project Site. The interconnection of the solar facility would 
require upgrades on this TL in Lawrence County.
    Purpose and Need: The purpose and need of the Proposed Action is to 
meet the demand for increased renewable energy generation and partially 
fulfill the renewable energy goals established in the 2019 IRP. TVA's 
preferred alternative for fulfilling its purpose and need is the 
Proposed Action Alternative, which would generate renewable energy for 
TVA and its customers with only minor environmental impacts due to the 
implementation of best management practices (BMPs) and minimization and 
mitigation efforts. Implementation of the Project would help meet TVA's 
renewable energy goals and would help TVA meet customer-driven energy 
demands on the TVA system.
    Environmental Impact: Overall, environmental consequences 
associated with the Proposed Action Alternative would not be 
significant and, for the most part, would be temporary with the 
implementation of minimization and mitigation efforts. During 
construction, minor, temporary increases to noise, traffic, and health 
and safety risks, as well as minor, temporary effects to air quality, 
greenhouse gas emissions, visual aesthetics, and utilities would occur. 
Construction and operations would have minor, localized effects on soil 
erosion and sedimentation and minor, direct and indirect effects to 
surface waters and wetlands, floodplains, and aquatic life. These 
impacts would be minimized or mitigated by implementation of BMPs and 
specific measures designed to mitigate effects, such as thinning of 
dense vegetive buffer along Wheeler Branks to expand suitable habitat 
for the the Tuscumbia darter and the globally rare round-rib elimia and 
establishment and maintenance of species-rich native plant meadow on up 
to 150 acres of the Project Site. Beneficial effects on socioeconomics 
would also occur with construction and operation of the Project.
    Construction of the Project would result in impacts to 
approximately 14,891 linear feet (LF) of ephemeral streams for the 
installation of pilings to support the solar PV arrays and culverts for 
road crossings, 0.07 acre of wetland for the installation of a culvert 
for a road crossing and replacement of a TL pole structure, and 96 LF 
of intermittent and perennial stream disturbance for the installation 
of culverts for road crossings. Regulated linear ephemeral drainage 
features on site would be avoided to the extent practicable. Permanent 
fill in regulated features would be subject to Clean Water Act Section 
404 and 401 permitting through U.S. Army Corps of Engineers and the 
Alabama Department of Environmental Management (ADEM), respectively. 
Additionally, in accordance with TVA and ADEM requirements, 50-foot 
buffers surrounding jurisdictional perennial and intermittent streams 
in developed portions of the Project Site would be maintained as an 
avoidance measure. The Project would change land uses on the Project 
Site from primarily agricultural to industrial. Long-term habitat loss 
would also occur as a result of this change in land use.
    Approximately 84 acres of forest that potentially provide summer 
roosting habitat for endangered and threatened bats would be cleared 
during winter months, when bats are not likely to be present on the 
Project Site. The TL upgrade work would be carried out in a manner to 
avoid impacts to the endangered fleshy-fruit gladecress. TVA has 
consulted with the U.S. Fish and Wildlife Service (USFWS) under Section 
7 of the Endangered Species Act, and USFWS concurred with TVA's 
determination that the Project may affect but is not likely to 
adversely affect the federally listed fleshy-fruit gladecress, gray 
bat, Indiana bat, and northern long-eared bat. TVA also determined that 
the Project would have no effect on 14 other federally listed species 
that were identified as having the potential to occur on or near the 
Project Site.
    The Proposed Action would avoid one cemetery, all 16 archaeological 
sites determined to be eligible for the National Register of Historic 
Places (NRHP), and two potentially sensitive cultural resources areas 
of undetermined NRHP eligibility. The Project would have visual effects 
to three NRHP-listed or eligible architectural resources; however, the 
effects would not be adverse due to modern intrusions and/or setbacks 
from these resources that would be maintained by the Project. 
Maintenance of these setbacks would also help minimize the overall 
visual effects of the Proposed Action. The proposed undertaking would 
alter the historic characteristics that qualify the proposed rural 
landscape district, Wheeler Station Rural Historic District (WSRHD), 
for the NRHP by diminishing its integrity of design, setting, 
materials, workmanship, feeling, and association. TVA consulted with 
the Alabama Historical Commission (AHC), which functions as the Alabama 
state historic preservation officer, and federally recognized Indian 
tribes under Section 106 of the National Historic Preservation Act 
(NHPA) regarding these findings and avoidance, minimization, and 
mitigation measures. TVA and AHC developed an NHPA Section 106 
memorandum of agreement (MOA) to mitigate adverse effects to WSRHD to 
which the Project would adhere.
    Decision: TVA has decided to implement the preferred alternative of 
the EIS, which would result in the construction, operation, 
maintenance, and eventual decommissioning of the proposed solar PV 
facility, as well as the construction, operation, and maintenance of a 
substation and associated facilities to interconnect the solar PV 
facility to TVA's existing electrical transmission network. TVA is also 
considering the construction and operation of an associated 200-MWh 
BESS. This alternative would achieve the purpose and need of the 
Project.
    Public Involvement: On January 30, 2020, TVA published a Notice of 
Intent (NOI) in the Federal Register announcing that it planned to 
prepare an EIS to address the potential environmental effects 
associated with building, operating, and maintaining the North Alabama 
Utility-Scale Solar Facility in Lawrence County, Alabama. The NOI 
initiated a 30-day public scoping period that concluded on March 2, 
2020. The NOI solicited public input on the scope of the EIS, including 
alternative actions and environmental issues that should be considered 
in the EIS. During the public scoping period, TVA received comments 
from the U.S. Geological Survey, the U.S. Department of the Interior 
National Park Service (NPS), and six private individuals. Comments were 
received regarding alternatives, land use, prime farmland, water 
resources, biological resources, greenhouse gas emissions, cultural 
resources, and cumulative effects.
    Draft EIS: TVA released the Draft EIS for public review in January 
2021. A NOA for the Draft EIS was published in the Federal Register on 
January 29, 2021. Publication of the NOA in the Federal Register opened 
the 45-day comment period, which ended on

[[Page 39588]]

March 15, 2021. To solicit public input, the availability of the Draft 
EIS was announced in regional and local newspapers serving the project 
area and on TVA's social media accounts. A news release was issued to 
the media and posted on TVA's website. The Draft EIS was posted on 
TVA's website, and hard copies were made available by request. During 
the public comment period, on February 11, 2021, TVA held a live 
virtual public meeting to describe the Project and address questions in 
a live question-and-answer session. A recording of the session was made 
available following the meeting for public viewing. TVA accepted 
comments submitted through mail, email, a comment form on TVA's public 
website, and during the virtual public meeting. TVA received a total of 
15 comments. These were submitted by the U.S. Environmental Protection 
Agency (USEPA), NPS, and 13 private individuals. Some of the comments 
warranted changes in the Final EIS.
    Final EIS: The NOA for the Final EIS was published in the Federal 
Register on May 13, 2022. TVA received one correspondence in relation 
to the Final EIS. This was submitted by USEPA during the mandatory 30-
day waiting period after the Final EIS was released. In its letter to 
TVA regarding the Final EIS, USEPA indicated that it had reviewed the 
Draft EIS and provided comments pertaining to endangered species and 
wetland impacts in a letter dated March 15, 2021. USEPA stated that the 
Final EIS addressed their comments.
    Mitigation Measures: TVA would implement the following minimization 
and mitigation measures in relation to potentially affected resources 
and would include any of these measures that would need to be employed 
during operations in the terms of the PPA:
<bullet> Land Use and Visual Resources
    [cir] Install anti-reflective PV panels to minimize or eliminate 
negative visual impacts from glare and reflection, and
    [cir] Maintain existing vegetative buffer outside developed 
portions of the Project Site.
<bullet> Geology and Soils
    [cir] Comply with the terms of the Construction Best Management 
Practices Plan (CBMPP) prepared as part of the National Pollutant 
Discharge Elimination System (NPDES) permitting process to control soil 
erosion and runoff, such as the installation of erosion control silt 
fences and sediment traps.
    [cir] Implement other soil stabilization and vegetation management 
measures to reduce the potential for soil erosion during site 
operations.
    [cir] Avoid compromising the structure integrity or altering the 
karst hydrology by controlled TL upgrade-related drilling and blasting 
within a 0.5-mile radius of documented caves.
<bullet> Water Resources
    [cir] Comply with the terms of the CBMPP prepared as part of the 
General Construction Stormwater NPDES permitting process to control 
soil erosion and runoff, such as the installation of erosion control 
silt fences and sediment traps.
    [cir] Establish 50-foot avoidance buffers surrounding perennial and 
intermittent streams and wetlands, where only non-mechanical tree and 
other woody vegetation removal would occur (except in limited areas for 
Tuscumbia darter and round-rib elimia conservation efforts).
    [cir] Implement other routine BMPs as necessary, such as restricted 
herbicide application near streams, wetlands, caves and sinkholes, and 
proper vehicle maintenance to reduce the potential for adverse impacts 
to surface and groundwater resources.
    [cir] To minimize adverse impacts to floodplains and their natural 
and beneficial values, any fence constructed within 100-year floodplain 
would be designed and constructed to withstand flooding with minimal 
damage.
    [cir] When the facility is decommissioned and dismantled, 
deconstruction and demolition debris would be deposited outside 100-
year floodways.
    [cir] Road improvements crossing floodplains would be done in such 
a manner that upstream flood elevations would not be increased by more 
than 1.0 foot.
    [cir] Avoid impacts to groundwater by controlled TL upgrade-related 
drilling and blasting within a 0.5-mile radius of documented caves.
<bullet> Biological Resources
    [cir] Revegetate with native and/or non-invasive vegetation to 
restore habitat, including up to 150 acres of native plant meadow that 
would promote pollinators in the project area, reduce erosion, limit 
the spread of invasive species, and follow USFWS recommendations 
regarding biological resources and pollinator species.
    [cir] Ensure that any soil, baled hay or straw, plants and sod with 
roots and soil attached, soil-moving equipment, or other ``Regulated 
Articles,'' as defined by U.S. Department of Agriculture, are in 
compliance with Animal and Plant Health Inspection Service Quarantine 
Regulations.
    [cir] To minimize Project effects to the state-listed Tuscumbia 
darter and the globally rare round-rib elimia, thin the dense 
vegetative buffer along Wheeler Branch to expand suitable habitat for 
the two species and maintain the thinned buffer during Project 
operation.
    [cir] Use downward facing and/or low-glare lighting to limit 
attracting wildlife, particularly migratory birds.
    [cir] Minimize direct impacts to some migratory birds and federally 
listed tree roosting bats by clearing trees in winter months (November 
15 to March 15) outside of nesting season and roosting season, 
respectively.
    [cir] Avoid and minimize effects to caves and federally listed bats 
during TL upgrades:
    [ssquf] Drill or blast within a 0.5 mile radius of documented caves 
in a manner that would not compromise the structural integrity or alter 
the karst hydrology of the cave.
    [ssquf] Avoid herbicide use within 200 feet of portals associated 
with caves capable of supporting cave-associated species and on surface 
water or wetlands unless specifically labeled for aquatic use.
    [ssquf] Conform to federal and state regulations and label 
requirements when applying herbicide to filter and buffer strips.
    [ssquf] Limit the clearing of vegetation within a 200-foot radius 
of documented caves, if needed, to hand or small machinery (e.g., 
chainsaws, bush-hog, mowers) to protect potential recharge areas of 
cave streams and other karst features that are connected hydrologically 
to caves.
    [ssquf] Conduct drilling, blasting, or other activities involving 
continuous noise within 0.5 miles of a cave with assumed presence of 
winter-roosting federally listed bats during warmer months (March 16-
October 14) to avoid the winter roosting period.
<bullet> Noise
    [cir] Limit construction activities primarily to daytime hours and 
ensure that heavy equipment, machinery, and vehicles utilized at the 
Project Site meet all federal, state, and local noise requirements.
<bullet> Air Quality
    [cir] Comply with local ordinances or burn permits if burning of 
vegetative debris is required and use BMPs such as periodic watering, 
covering open-body trucks, and establishing a speed limit to mitigate 
fugitive dust.
<bullet> Cultural Resources
    [cir] Adhere to setbacks from certain NRHP-eligible and listed 
cultural

[[Page 39589]]

resources, and other avoidance, minimization, and mitigation measures 
in consultation with AHC and federally recognized tribes.
    [cir] Adhere to the following NHPA Section 106 MOA stipulations:
    [ssquf] TVA would produce two copies of a traveling exhibit 
consisting of three to five retractable displays on African American 
life in late nineteenth to mid-twentieth century Lawrence County and 
WSRHD. One copy would be delivered to AHC, while the other copy would 
be used for future TVA public events within the region.
    [ssquf] TVA would construct a wooden fence along the eastern 
boundary of NRHP-listed Pond Spring to match the existing fencing along 
the north edge of the property and in keeping with the documented 
historical fencing.
    [ssquf] TVA would prepare updated NRHP nomination forms for Pond 
Spring and Bride's Hill and submit to AHC within one year of the 
signature of the MOA.
<bullet> Waste Management
    [cir] Dispose of wastes in approved, offsite facilities, and no new 
on-site waste management facilities would be developed.
    [cir] Develop and implement a variety of plans and programs to 
ensure safe handling, storage, and use of hazardous materials.
<bullet> Public and Occupational Health and Safety
    [cir] Emphasize BMPs in health and safety plans for site safety 
management to minimize potential risks.
<bullet> Transportation
    [cir] While not anticipated based on results of a traffic study, 
implement mitigation measures in coordination with Alabama Department 
of Transportation if traffic from the Project activities substantially 
disrupt normal traffic patterns in the area.
    TVA employs standard practices when constructing, operating, and 
maintaining TLs, structures, and the associated right-of-way (ROW) and 
access roads. Routine measures that would be taken to reduce the 
potential for adverse environmental effects during the TL upgrade 
activities are as follows:
    <bullet> TVA would utilize standard BMPs to minimize erosion during 
construction, operation, and maintenance activities associated with the 
transmission modifications. These BMPs are described in ``A Guide for 
Environmental Protection and BMPs for TVA Construction and Maintenance 
Activities--Revision 3'' (TVA's BMP Manual) and the ``Alabama Handbook 
for Erosion Control, Sediment Control, and Stormwater Management on 
Construction Sites and Urban Areas.''
    <bullet> To minimize the introduction and spread of invasive 
species in the ROW, access roads, and adjacent areas, TVA would follow 
standard operating procedures consistent with Executive Order 13112 
(Invasive Species) for revegetating the areas with noninvasive plant 
species as defined by TVA.
    <bullet> Stream reaches that could be affected by the proposed 
activities would be protected by implementing standard BMPs as 
identified in TVA's BMP manual and the ``Alabama Handbook for Erosion 
Control, Sediment Control, and Stormwater Management on Construction 
Sites and Urban Areas.''
    <bullet> In areas requiring chemical treatment, only USEPA-
registered and TVA-approved herbicides and other pesticides would be 
used in accordance with label directions designed, in part, to restrict 
applications near receiving waters and to prevent unacceptable aquatic 
impacts.
    <bullet> To minimize adverse impacts on natural and beneficial 
floodplain values, the following mitigation measures would be 
implemented:
    [cir] Construction in the floodplain would adhere to the TVA 
subclass review criteria for TL location in floodplains.
    [cir] BMPs as noted above, both generally and for stream reaches, 
would be used during construction activities.
    [cir] To the extent practicable, TL construction and maintenance 
activities would be scheduled during dry periods.
    [cir] Road improvements crossing floodplains would be done in such 
a manner that upstream flood elevations would not be increased by more 
than 1.0 foot.
    [cir] The TL ROW would be revegetated where vegetation is removed.

Bryan Williams,
Senior Vice President, Generation Projects and Fleet Services.
[FR Doc. 2022-14125 Filed 6-30-22; 8:45 am]
BILLING CODE 8120-08-M


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