[Federal Register Volume 75, Number 25 (Monday, February 8, 2010)]
[Notices]
[Pages 6257-6260]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-2642]


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TENNESSEE VALLEY AUTHORITY


Watts Bar Reservoir Land Management Plan, Loudon, Meigs, Rhea, 
and Roane Counties, 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 parts 1500 to 1508) and 
TVA's procedures for implementing the National Environmental Policy Act 
(NEPA). TVA has updated its 1988 land management plan (1988 Plan) for 
16,036 acres of TVA public land on Watts Bar Reservoir in Tennessee. On 
November 19, 2009, the TVA Board of Directors (TVA Board) decided to 
adopt the preferred alternative (Alternative B, Modified Development 
and Recreation) identified in the final environmental impact statement 
(FEIS) for the Watts Bar Reservoir Land Management Plan (WBRLMP). Under 
the alternative adopted by the Board, TVA-managed public land has been 
allocated into broad use categories or ``zones,'' including Project 
Operations (Zone 2), Sensitive Resource Management (Zone 3), Natural 
Resource Conservation (Zone 4), Industrial (Zone 5), Developed 
Recreation (Zone 6), and Shoreline Access (Zone 7). The allocations 
were made in a manner that implements TVA's November 2006 Land Policy.

[[Page 6258]]


FOR FURTHER INFORMATION CONTACT: Amy Henry, NEPA Specialist, 
Environmental Permitting and Compliance, Tennessee Valley Authority, 
400 West Summit Hill Drive, WT 11D, Knoxville, Tennessee 37902-1499; 
telephone (865) 632-4045 or e-mail <a href="/cdn-cgi/l/email-protection#6203000a070c101b221614034c050d14"><span class="__cf_email__" data-cfemail="92f3f0faf7fce0ebd2e6e4f3bcf5fde4">[email protected]</span></a>.

SUPPLEMENTARY INFORMATION: Watts Bar Reservoir is a 67-year-old 
multipurpose impoundment of the Tennessee River formed by Watts Bar Dam 
and Lock, which is located at Tennessee River Mile 530 in Meigs and 
Rhea counties, Tennessee. TVA currently has available about 16,036 
acres of TVA-controlled public land for management on Watts Bar 
Reservoir. At full pool, the reservoir shoreline length is 721 miles, 
and the surface area is about 39,000 acres. Approximately 47 percent of 
this shoreline is subject to deeded or implied rights of access across 
TVA land for water use facilities, shoreline corridors, and other uses.
    In January 2009, TVA began developing a recovery plan for the 
December 2008 coal ash spill at Kingston Fossil Plant. Since the 
publication of the WBRLMP and FEIS in February 2009, nine parcels 
totaling 184 acres have been identified as being affected by the spill 
and consequently have been removed from the alternatives considered by 
the FEIS. The land use allocation of these affected parcels will be 
considered after the recovery planning process now in progress is 
completed.
    TVA manages public land on Watts Bar Reservoir to protect and 
enhance natural resources, foster economic development, and improve the 
quality of life in the Tennessee Valley. The purpose of the land 
planning effort is to apply a systematic method of evaluating and 
identifying the most suitable use of public land under TVA stewardship. 
The TVA Board adopted Alternative B to provide for long-term 
stewardship and to fulfill TVA's responsibilities under the TVA Act of 
1933. The WBRLMP will guide future decision-making and management of 
these reservoir properties.

Scoping

    TVA published a notice of intent (NOI) to prepare an environmental 
impact statement in the Federal Register on February 25, 2004. To 
provide for better identification of issues and alternatives to be 
considered in the WBRLMP, a revised NOI was published in the Federal 
Register on April 18, 2004, extending the scoping comment period to 
June 30, 2004. After further discussion of the issues, another notice 
was published in the Federal Register on August 16, 2004, announcing a 
public meeting on September 28, 2004, and extending the public comment 
period to October 8, 2004. A total of 142 participants attended the 
public meeting in Harriman, Tennessee. TVA received 397 specific 
comments from 214 individuals and from federal, state, and local 
government agencies.
    The majority of the public response to the NOI focused on the use 
of public lands for private residential and commercial development and 
the associated environmental impacts that could occur. Comments 
expressed concerns about the importance of water quality and 
terrestrial and aquatic ecology and questioned the need for development 
of public land given the success of similar projects on private land. 
TVA received comments that either supported or opposed land use 
allocations for specific land parcels, including the development of the 
former Clinch River Breeder Reactor (CRBR) site near Oak Ridge and the 
Lowe Branch site near Watts Bar Dam. 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. TVA used these 
comments to develop alternatives to be assessed in the 2005 draft EIS 
(DEIS). TVA assessed the impacts of the following alternatives: 2005 
Alternative A (No Action) under which TVA would continue to use the 
1988 Plan with minor updates; 2005 Alternative B (Balanced Development 
and Recreation) that provides a stronger emphasis on economic 
development and developed recreation; and 2005 Alternative C (Balanced 
Conservation and Recreation) that provides a stronger emphasis on 
natural resource conservation and informal recreation activities.
    The notice of availability (NOA) of the 2005 WBRLMP and DEIS was 
published in the Federal Register on May 20, 2005, with the comment 
period closing on July 6, 2005. Approximately 85 people attended a 
public meeting on June 14, 2005, in Harriman, Tennessee, and TVA 
received 186 sets of comments from individuals, from federal, state, 
and local government agencies, and from interested organizations.
    Public comments on the 2005 WBRLMP focused on opposition to using 
public lands for private residential and commercial development (2005 
Alternative B) and the associated environmental impacts such as the 
loss of recreation opportunities and terrestrial habitat. Commenters 
provided input on the identified environmental issues: socioeconomic 
concerns, recreation, impacts to wildlife, and water quality on Watts 
Bar Reservoir. Commenters continued to question the economic need of 
further use of public lands for development. Those supporting 2005 
Alternative B cited improved socioeconomic impacts through future 
commercial and economic developments.
    Following the May 2005 release of the 2005 WBRLMP and DEIS, TVA 
instituted a moratorium on land disposal activities in order to develop 
a TVA Land Policy governing retention, disposal, and planning of public 
lands managed by the agency. The Land Policy was approved by the TVA 
Board in November 2006. Subsequently, the directives in the Land Policy 
through development of the three alternatives of the 2007 WBRLMP and 
amended DEIS: 2007 Alternative A (No Action), to continue to use the 
1988 Plan with accrued updates; 2007 Alternative B (Modified 
Development and Recreation), to provide some suitable industrial use 
and developed recreation; and 2007 Alternative C (Modified Conservation 
and Recreation), to provide an emphasis on natural resource 
conservation and dispersed recreation activities.
    The NOA for the 2007 WBRLMP and amended DEIS was published in the 
Federal Register on August 10, 2007, with the comment period closing on 
September 23, 2007. On August 21, 2007, 102 people attended a public 
meeting in Harriman, Tennessee, for the 2007 WBRLMP. There were 152 
comments received from individuals; interested organizations; and 
federal, state, and local government agencies.
    There continued to be comments opposing using public lands for 
private residential or commercial development, but to a lesser extent 
compared to the responses provided on the 2005 WBRLMP. The largest 
group of public comments on the 2007 amended DEIS focused on the types 
of use allocation for specific parcels of TVA-managed land, in 
particular the former CRBR site and Lowe Branch area. There were also 
many comments relating to the stewardship of public lands. Comments on 
the 2007 amended DEIS also addressed the identified environmental 
issues, such as water quality and wastewater discharges.
    TVA reviewed and prepared responses to all of these comments. In 
some cases the FEIS was changed because of the information or issues 
presented. After considering all comments, the FEIS was completed and 
distributed to commenting agencies and the public. In the FEIS, TVA 
selected

[[Page 6259]]

Alternative B as the preferred alternative. An NOA was published in the 
Federal Register on February 20, 2009.

Alternatives Considered

    TVA considered three alternatives for managing public land under 
its control around Watts Bar Reservoir. Under all alternatives, TVA 
would continue to conduct environmental reviews prior to the approval 
of any proposed development or activity on public land to address site-
specific issues, and future activities and land uses would be guided by 
TVA Land Policy. TVA land use allocations are not intended to supersede 
deeded landrights or land ownership.
    No Action (Modified Alternative A): TVA would continue to use the 
existing 1988 Plan. While the 19 allocation categories defined by the 
1988 Plan would continue to be used, activities and land uses not 
provided for by the Land Policy would not occur. About 5,900 acres of 
the TVA land on Watts Bar Reservoir (Project Operations and marginal 
strip) would continue to be administered by TVA but would remain 
unplanned.
    Modified Development and Recreation (Modified Alternative B): The 
proposed Modified Alternative B would continue to provide suitable 
economic and recreation opportunities as prescribed by the TVA Land 
Policy. Under this alternative, TVA would allocate public land and 
deeded rights into ``zones,'' including Project Operations, Sensitive 
Resource Management, Natural Resource Conservation, Industrial, 
Developed Recreation, and Shoreline Access. Under this alternative, TVA 
would allocate lands to help promote some potential industrial 
development and commercial recreation by designating about 12 percent 
of the TVA-managed land available for planning on Watts Bar Reservoir 
for Industrial use as Zone 5 (357 acres) or Developed Recreation (1,549 
acres) as Zone 6. In addition, 760 acres of the former CRBR site would 
be allocated to Project Operations as Zone 2. Approximately 7,525 acres 
(47 percent) of the land would be allocated for Sensitive and Natural 
Resource Management as Zone 3 or 4, allocations that also allow many 
dispersed recreation uses. Under this alternative, natural resource 
conservation and dispersed recreation predominate on reservoir lands; 
however, industrial development and developed recreation would occur on 
TVA land where those activities are most suitable and have the greatest 
opportunity for success. This alternative includes minor administrative 
changes and alterations to the boundaries of land parcels or changes to 
their allocation zones that reflect new information about deeded rights 
or natural resources.
    Modified Conservation and Recreation (Modified Alternative C): 
Under Modified Alternative C, TVA would help promote conservation of 
natural resources and dispersed and commercial recreation by allocating 
about 8,766 acres of land for Sensitive Resource Management or Natural 
Resource Conservation and 1,350 acres for Developed Recreation (about 
63 percent of TVA-managed land on Watts Bar Reservoir). Only those 
lands with existing industrial facilities, about 80 acres (less than 1 
percent), would be allocated for Industrial use. This alternative would 
also include the minor administrative changes and alterations like 
Modified Alternative B. Under this alternative, natural resource 
conservation and dispersed recreation would predominate on TVA Watts 
Bar Reservoir land. Developed Recreation would occur on TVA land where 
those activities are most suitable and have the greatest opportunity 
for success.
    In the FEIS, TVA considered the environmental consequences of the 
alternatives on a wide variety of environmental resources. Under any 
alternative, sensitive resources such as endangered and threatened 
federally and state-listed species, cultural resources, and wetlands 
would be protected.

Responses to Comments

    TVA received comments on the FEIS from the U.S. Environmental 
Protection Agency (EPA), the East Tennessee Development District 
(ETDD), and the Tennessee State Historic Preservation Officer (TNSHPO). 
The U.S. Forest Service acknowledged receipt of the FEIS but offered no 
comments.
    Although EPA found improvements in the FEIS, they continued to 
prefer Alternative C over the TVA preferred Alternative B. EPA believes 
that Alternative C is the environmentally preferred alternative, as its 
implementation would minimize the potential for impacts by limiting the 
amount of land allocation for industrial development. Regardless of the 
alternative selection, EPA recommended that TVA allow only industries 
and light commercial establishments requiring water access or supply to 
be located on the shorelands of Watts Bar Reservoir. EPA recommended 
that shoreline facilities should be monitored for water quality 
effects. EPA recommended that a 100-foot-buffer strip of natural 
vegetation and ground cover be retained between the shoreline and 
future developments. EPA also recommended that any public requests for 
residential shoreline development of TVA lands not be approved. 
Finally, EPA recommended that a Watts Bar Reservoir Watershed 
Management Plan should be developed by TVA and other prominent 
landowners or stakeholders in the watershed to protect reservoir water 
quality.
    In recognition 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 Watts Bar Reservoir. TVA believes 
that Alternative B best fits TVA's mission, which includes resource 
stewardship and economic development. Although natural resource 
conservation and dispersed recreation would predominate on the 
reservoir, some industrial development and developed recreation would 
occur on TVA-managed land suitable for those activities. As described 
in TVA's 2006 Land Policy, TVA will consider disposing of reservoir 
lands for industrial purposes or other businesses if the property is 
located in an existing industrial park or if the land is designated for 
such purposes in a reservoir land management plan. Preference will be 
given to businesses that require water access. TVA will consider 
leasing and granting easements over public lands for commercial 
recreation or public recreation purposes if the property is allocated 
for that use in a reservoir land management plan. Public lands managed 
by TVA will not be allocated or sold for residential or retail 
developments. Under TVA's Shoreline Management Policy, shoreline 
management buffer zones of 50 feet are established on qualifying 
shoreline access approvals when TVA-managed shoreline is used for 
private water use facilities.
    In conjunction with EPA and Tennessee state agencies, TVA has 
developed and begun implementing a recovery plan that addresses 
remediation of the area affected by the ash spill at Kingston Fossil 
Plant. The appropriate future uses of impacted TVA-managed land and any 
operational recommendations will be considered after this recovery 
process is completed.
    EPA's comment encouraging TVA to increase its stakeholder 
activities within the entire watershed community for the overall 
management of Watts Bar 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

[[Page 6260]]

permitting, TVA routinely has watershed water quality initiatives 
underway across the Valley. Additionally, TVA often plays a major role 
as stakeholder in overall watershed management through its 
participation in numerous local and regional organizations focusing on 
watershed and water quality issues. TVA continues to monitor water 
quality in its reservoirs and streams and systematically uses these 
data to target its management efforts.
    In other agency comments, the TNSHPO concurred that applying the 
existing programmatic agreement for Tennessee reservoir land management 
plans would address the mitigation of any adverse effects resulting 
from implementation of the WBRLMP. Consequently, the TNSHPO had no 
objection to the implementation of the alternatives in the WBRLMP. TVA 
will prepare a program and maintenance plan for WBRLMP within two years 
of its adoption. ETDD found no conflicts with its plans and programs or 
those of other agencies.

Decision

    On November 19, 2009, the TVA Board decided to adopt the WBRLMP as 
described in Alternative B, excluding the 184 acres impacted by the 
December 2008 coal ash spill at Kingston, Tennessee. Additionally, 
changes in allocation to recognize existing deeded landrights would be 
subject to approval by the TVA Board or its designee, pending the 
completion of an appropriate environmental review.
    TVA believes that implementation of Alternative B not only responds 
to community development and recreational development needs on Watts 
Bar Reservoir, but also recognizes and preserves the aesthetic and 
sensitive resources that make the reservoir unique. Under Alternative 
B, TVA would set aside parcels containing sensitive resources and 
habitats in the Sensitive Resource Management and Natural Resource 
Conservation categories. For lands where TVA proposes to consider 
development proposals, TVA adopts commitments that would further 
minimize the potential for adverse impacts to the environment. These 
commitments are listed below.

Environmentally Preferable Alternative

    The preferred alternative is Modified Alternative B, which provides 
suitable opportunities for economic development and the conservation of 
natural resources. However, the environmentally preferred alternative 
is Alternative C, which has the least potential adverse impact on the 
environment of all the alternatives.

Environmental Commitments

    TVA is adopting the following measures to minimize environmental 
impacts:
    <bullet> All activities would be conducted in accordance with the 
stipulations defined in the programmatic agreement between TVA, the 
TNSHPO, and the Advisory Council on Historic Preservation.
    <bullet> The construction of water use facilities and shoreline 
alterations within the marked limits of the safety landings and harbors 
would be prohibited.
    <bullet> 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.
    <bullet> Because caves are extremely fragile and biologically 
significant, TVA has placed and would continue to maintain protective 
buffer zones around the known caves on TVA public land on Watts Bar 
Reservoir.
    <bullet> As necessary and as practicable, visual buffers, between 
50 feet and 100 feet wide, would be provided to screen timber harvest 
areas and commercial development from public thoroughfares and 
shorelines.
    <bullet> Best management practices would be used on all soil-
disturbing activities.
    <bullet> Landscaping activities on developed properties would not 
include the use of plants listed as Rank 1, ``Severe Threat,'' Rank 2, 
``Significant Threat,'' and Rank 3, ``Lesser Threat,'' on the Tennessee 
Exotic Pest Plant Council's list of Invasive Exotic Pest Plants in 
Tennessee (see Appendix D, Table D-7 of the FEIS).
    <bullet> Revegetation and erosion-control work would utilize seed 
mixes comprised of native species or noninvasive nonnative species 
(Appendix D, Table D-8 of the FEIS).
    <bullet> If TVA were to develop facilities at any Zone 5 
(Industrial) or Zone 2 (Project Operations) site, the following 
measures would be employed to minimize the potential for effects on 
federally listed species:
    1. TVA will consult with U.S. Fish and Wildlife Service (USFWS) in 
order to determine if the proposed action could affect listed mussels 
present in the area.
    2. Preconstruction mussel surveys would be conducted in all areas 
of the Clinch River (Watts Bar Reservoir) that would be affected by 
construction and use of any future terminal-associated infrastructure 
(e.g., barge terminal, water intakes, or water outfalls).
    3. Any listed mussels found during these surveys would be dealt 
with according to terms and conditions imposed as a result of the USFWS 
consultation process. These could consist of minimization or avoidance 
measures implemented during construction and operation or relocation of 
the mussels encountered if effects are unavoidable.
    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 substantially 
reduced. Before taking actions that could result in adverse 
environmental effects or allowing such actions to occur on properties 
it controls, TVA would perform an appropriate site-specific 
environmental review to determine necessary mitigative measures or 
precautions. These protective measures represent all of the practicable 
measures to avoid or minimize environmental harm associated with the 
alternative adopted by the TVA Board.

    Dated: February 1, 2010.
Anda A. Ray,
Senior Vice President, Environment & Technology.
[FR Doc. 2010-2642 Filed 2-5-10; 8:45 am]
BILLING CODE 8120-08-P


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