80_FR_35070 80 FR 34953 - Muscle Shoals Reservation Redevelopment, Colbert County, Alabama

80 FR 34953 - Muscle Shoals Reservation Redevelopment, Colbert County, Alabama

TENNESSEE VALLEY AUTHORITY

Federal Register Volume 80, Issue 117 (June 18, 2015)

Page Range34953-34956
FR Document2015-14943

This notice is provided in accordance with the Council on Environmental Quality's regulations (40 CFR 1500 to 1508) and TVA's procedures for implementing the National Environmental Policy Act (NEPA). On November 15, 2012, the TVA Board of Directors declared 1,000 acres of the Muscle Shoals Reservation (MSR) in Colbert County, Alabama, to be surplus to TVA's needs and authorized the sale of such acreage at public auction, thereby adopting the preferred alternative in TVA's final environmental impact statement (EIS) for the redevelopment of a portion of the MSR. The ROD documenting this decision was published on September 16, 2013 (78 FR 56980). The notice of availability (NOA) of the Final Environmental Impact Statement for the Muscle Shoals Reservation Redevelopment was published in the Federal Register on November 18, 2011. A component of the preferred alternative was the publication of a Comprehensive Master Plan (CMP) to guide development of the surplus MSR property. On March 26, 2015, TVA's Senior Vice President of Economic Development approved the CMP contemplated in TVA's final EIS.

Federal Register, Volume 80 Issue 117 (Thursday, June 18, 2015)
[Federal Register Volume 80, Number 117 (Thursday, June 18, 2015)]
[Notices]
[Pages 34953-34956]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-14943]


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TENNESSEE VALLEY AUTHORITY


Muscle Shoals Reservation Redevelopment, Colbert County, Alabama

AGENCY: Tennessee Valley Authority (TVA).

ACTION: Issuance of Record of Decision (ROD).

-----------------------------------------------------------------------

SUMMARY: This notice is provided in accordance with the Council on 
Environmental Quality's regulations (40 CFR 1500 to 1508) and TVA's 
procedures for implementing the National Environmental Policy Act 
(NEPA). On November 15, 2012, the TVA Board of Directors declared 1,000 
acres of the Muscle Shoals Reservation (MSR) in Colbert County, 
Alabama, to be surplus to TVA's needs and authorized the sale of such 
acreage at public auction, thereby adopting the preferred alternative 
in TVA's final environmental impact statement (EIS) for the 
redevelopment of a portion of the MSR. The ROD documenting this 
decision was published on September 16, 2013 (78 FR 56980). The notice 
of availability (NOA) of the Final Environmental Impact Statement for 
the Muscle Shoals Reservation Redevelopment was published in the 
Federal Register on November 18, 2011. A component of the preferred 
alternative was the publication of a Comprehensive Master Plan (CMP) to 
guide development of the surplus MSR property. On March 26, 2015, TVA's 
Senior Vice President of Economic Development approved the CMP 
contemplated in TVA's final EIS.

FOR FURTHER INFORMATION CONTACT: 
    Amy B. Henry, NEPA Program and Valley Projects Manager, Tennessee 
Valley Authority, 400 West Summit Hill Drive, WT 11D, Knoxville, 
Tennessee 37902-1499; telephone (865) 632-4045 or email 
abhenry@tva.gov.
    Heather L. Montgomery, Program Manager, Tennessee Valley Authority, 
Post Office Box 1010, MPB 1C-M, Muscle Shoals, Alabama 35662-1010; 
telephone (256) 386-3803 or email hlmcgee@tva.gov.

SUPPLEMENTARY INFORMATION: TVA manages public lands to protect the 
integrated operation of TVA reservoir and power systems, to provide for 
appropriate public use and enjoyment of the reservoir system, and to 
provide for continuing economic growth in the Tennessee Valley. TVA 
assumed custody and control of the 3,036-acre Muscle Shoals/Wilson Dam 
Reservation in Colbert County, Alabama in 1933 when Congress directed 
its transfer to TVA from the U.S. War Department. TVA has since managed 
2,600 acres of this nonreservoir property as the MSR.
    Since acquisition of the land, TVA's need for this amount of MSR 
property has changed. TVA's programs have changed over time and TVA has 
greatly reduced its operations and employment at Muscle Shoals. 
Therefore, TVA has determined that a portion of its MSR is no longer 
essential to its needs. Local public and private sector developers have 
been requesting use of this land for many years. In accordance with its 
economic development mission, TVA concluded that sale and redevelopment 
of approximately 1,000 acres of the MSR (surplus property) would help 
stimulate the local and regional economy. The sale of this land would 
also help TVA reduce its operations and maintenance costs and help TVA 
reduce its environmental footprint.
    The September 2013 MSR ROD provides information about the decision 
to sell this 1,000-acre portion of the MSR and should be referenced for 
more details, including information about need for property disposal, 
alternatives considered by TVA, environmentally preferred alternative, 
environmental consequences, and other background information.

Comprehensive Master Plan

    All of the Action Alternatives in the MSR EIS, including the 
preferred alternative selected for implementation by the TVA Board, 
included the publication of a CMP to encourage proper and responsible 
development of the approximate 1,000 acres of the MSR authorized for 
sale. To support this effort, TVA and the Northwest Alabama Cooperative 
District (NACD) conducted studies; evaluated environmental, historical, 
and architectural impacts and alternatives; participated in public 
forums; collected public input; and evaluated the market potential for 
the MSR site. Using the results of these

[[Page 34954]]

activities, TVA and the NACD developed a CMP to serve as an overarching 
guiding principles tool to encourage well-managed development of the 
surplus property.
    The CMP, which can be found at www.tva.gov/environment/reports, 
identified nine distinct areas and subareas, eight of which comprise 
the 1,000-acre surplus property, as well as the preferred uses of these 
areas. Preferred uses include retail, commercial, office, 
institutional, light industrial, heavy industrial, and preservation. In 
accordance with the Board's previous decision, seven of the MSR areas 
would be sold at public auction under Section 31 of the TVA Act and one 
area (Area 9--Phosphate Slag Area) would be retained by TVA, but would 
be made available as easement property for a utility corridor as 
described in the final MSR EIS.
    The CMP provides a description for each area, which includes the 
recommended design guidelines, preferred use options, and development 
restrictions for each area. The CMP envisions that all areas where 
development could occur would have design and aesthetics controlled by 
zoning, that favor a common thread architectural style and material 
elements consistent with other MSR redevelopment and which complement 
the historical context. Building, signage, and landscape designs would 
be pre-approved per local zoning requirements. Development restrictions 
vary by area, but most areas include restrictions such as: No 
residential dwellings of any form, no groundwater withdrawal, at least 
100-foot setback from existing roadway boundaries that allows for 
centralized utilities and future pedestrian trails, signage restricted 
to that which promotes businesses within the development, restriction 
on operation emissions, etc. TVA and local units of governments would 
share the responsibility of enforcing these guiding principles, as 
further specified in the CMP.
    The nine areas identified in the CMP are briefly described below. 
Please refer to the CMP for more area details, guideline documents and 
location maps.
     Area 1--Retail/Commercial. Area 1 is subdivided into 2 
areas (1A and 1B) to accommodate differing scale land uses. The area is 
located on the western boundary border of the property and is comprised 
of 95 acres. Market focus would be on the attraction of unique and 
differentiated businesses and discouragement of redundant retail/
commercial uses. Area 1B contains two building complexes, the 
Greenhouse complex and TVA's Customer Service Center, which would both 
be promoted for reuse.
     Area 2A--Mixed-use Commercial/Office and Light Industrial. 
Area 2A is located near the southwest corner of the MSR and is 
comprised of 61 acres. No buildings are located within the tract, but 
transmission lines traverse the extreme northwestern portion. Market 
focus would be on attracting businesses (tourism, government, 
financial, data management, etc.) that provide a balance of job 
creation with land-use conservation, with a preference for green-
friendly operations.
     Area 2B--Light Industrial. Area 2B is located near the 
southwest corner of the property and is approximately 66 acres. Market 
focus is to attract small-scale, clean light industries that provide a 
balance of job creation and land-use conservation, with a preference 
for green-friendly operations. Minimization of environmental impacts 
would be integrated into facility design, and public access would be 
retained and/or promoted in select areas for bird-watching and future 
walking trails.
     Area 3--Woodlands Preservation Area. Area 3 is divided 
into 3A and 3B to accommodate access to Second Street for the Area 7 
purchaser and comprises 203 acres. Both areas have similar design 
guidelines and development restrictions. Significant wetlands and a 
portion of the existing floodplains are found in these areas, which 
makes them ideal for preservation. Market focus would be to retain the 
woodlands and natural habitat and minimize man-made impacts. Value-
added opportunities (bird watching, environmental education, wetlands 
mitigation, recreation, etc.) would be promoted within these areas. The 
proposed wildlife corridor runs through these areas and fencing, which 
impedes wildlife, would not be allowed in this area.
     Area 4--Retail/Commercial. Area 4 is located in the 
southwestern corner of the property and comprises 98 acres. Wetlands 
and portions of the floodplain are currently located in Area 4; 
however, TVA is constructing an elevated embankment that would reduce 
the total number of acres threatened by potential flooding. Market 
focus would be on the attraction of unique and differentiated 
businesses and discouragement of redundant retail/commercial uses.
     Area 5A--Mixed Use Large-Scale Campus/Venue. Area 5A is 
located along the northern boundary of the surplus property along 
Reservation Road and comprises approximately 85 acres. Market focus is 
campus environment and attraction of single entity or mixed-use 
development utilizing a campus-style setting. A small portion of the 
MSR Historic District is located within area 5A, and future owners 
would be required to abide by specified design guidelines approved for 
the Historic District within that portion.
     Area 5B--Mixed Use Medium-Scale Campus/Venue. Area 5B is 
located along the western boundary of the surplus property along 
Reservation Road and comprises approximately 50 acres. Eight buildings 
previously utilized by TVA for research and development are located on 
this property, all of which would be promoted for reuse. Market focus 
is campus environment and attraction of single entity or mixed-use 
development utilizing a campus-style setting. A portion of the MSR 
Historic District is located within area 5B, and future owners would be 
required to abide by specified design guidelines for the Historic 
District within that portion.
     Area 5C--Mixed Use Small-Scale Campus. Area 5C is located 
on the north side of Reservation Road and comprises approximately 35 
acres. Area 5C is an existing multi-use facility campus and all 
buildings would be promoted for reuse. A portion of the Reservation 
Road trail is located within this area. Market focus is campus 
environment and attraction of single entity or mixed-use development 
utilizing a campus-style setting.
     Area 6--Business Village/Mixed Use Commercial. Area 6 is 
74 acres and is located in the center of the surplus property. Sixteen 
buildings are located in this area. A select number of these buildings 
have been identified as historically significant and are targeted for 
adaptive reuse. Other buildings may be promoted or demolished by TVA or 
future owners depending upon their condition. Preferred use is office, 
commercial, service, retail, light-to-medium industrial, civic, or 
government. This area is located within the MSR Historic District, and 
future owners would be required to abide by specified design guidelines 
for the Historic District.
     Area 7--Differentiated Industrial Development. Area 7 is a 
163-acre area located in the center of the MSR. Three TVA buildings 
remain in this area and would be promoted for reuse. Area 7 extends to 
Second Street to accommodate potential employee and shipping traffic or 
necessary utilities. Preferred use is mid-to-heavy industrial 
facilities such as manufacturing (or similar) operations with the 
potential for significant job creation and capital investment. Area of 
concern (AOC) 998 is located within Area 7. Area 7

[[Page 34955]]

contains a portion of the MSR Historic District, and future owners 
would be required to abide by specified design guidelines for the 
Historic District within that portion.
     Area 8--TVA property. Areas 8A and 8B (low-level 
radioactive waste burial site) comprise approximately 400 acres of the 
MSR. These areas do not contain enough developable land for meaningful 
non-TVA development and are therefore not part of the 1,000-acre MSR 
surplus footprint.
     Area 9--Easement Area. Area 9 is approximately 66 acres 
and located south of the Tennessee River and north of Reservation Road. 
Area 9 contains the phosphate slag storage area and is therefore not 
suitable for new construction or permanent public occupancy. TVA will 
retain ownership of this area, but would make the area available as a 
utility access corridor under specific use agreements (easements or 
licenses) in order to complement the overall success of the MSR 
redevelopment.
    The CMP identifies the suggested and preferred areas, but 
recognizes that TVA could reconsider the area boundaries, preferred 
uses, market focus, design guidelines, and development restrictions in 
the event a single buyer expresses an interest in purchasing more than 
one area, in part or in whole. The cities of Muscle Shoals and 
Sheffield are expected to annex portions of the surplus property and 
may also impose additional measures for each area as each city deems 
appropriate.

Public Involvement

    Please reference the September 2013 ROD for information about the 
public involvement in the MSR EIS process. In response to comments from 
U.S. Environmental Protection Agency on the final EIS, TVA noted that 
it planned to release a draft of the CMP and hold a public meeting to 
obtain stakeholder comments.
    In 2011, TVA and NACD jointly sought input from stakeholders and 
the general public to discuss the potential economic opportunities in 
redeveloping the MSR property in preparation of the CMP. Two public 
meetings were held in November 2011 in Lauderdale and Colbert Counties 
to obtain public comments on the future use of the MSR property. TVA 
distributed the draft CMP to interested individuals, groups, and 
federal, state, and local agencies in September 2014 for a 30-day 
public comment period. A public meeting was held on September 30, 2014, 
in Florence, Alabama. TVA received 7 public comments and addressed the 
comments in the final CMP.

Updated Information

    Since the publication of the 2013 MSR ROD, TVA has been taking 
steps to make portions of the MSR property more useful for future 
development. TVA developed a strategy that allows for the demolition of 
and/or enhancements to targeted buildings, structures, and land while 
abiding by TVA's Memorandum of Agreement (MOA) with the Alabama State 
Historic Preservation Officer and the 2011 EIS. The improvements began 
in 2013 with the removal of unwanted legacy buildings and structures 
and non-native species plants (i.e., privet, kudzu, etc.). The 
potential impacts of the building demolitions were addressed in a 2013 
environmental assessment and potential impacts of the plant removal was 
addressed in a 2013 categorical exclusion checklist. TVA has also been 
granting easements to local utility companies for placement of fiber 
optic cables, power lines, and similar installations to improve the 
marketability of the MSR surplus property.
    TVA is currently constructing a new levee associated with Pond 
Creek in the southwest corner (Area 4) of the MSR property. The 
proposed levee is necessary to fulfill TVA's commitments in the 1973 
agreement with the City of Muscle Shoals. Potential environmental 
impacts were addressed in a July 2014 environmental assessment. The 
proposed levee would result in an overall reduction in inundation 
levels within Area 4.

Decision

    On November 15, 2012, the TVA Board declared 1,000 acres of the MSR 
surplus to TVA's needs and authorized the sale of such acreage at 
public auction upon a determination by the Senior Vice President, 
Economic Development, following consultation with the Vice President, 
Natural Resources and Real Property Services, that market conditions 
warrant selling the fee simple interest of the 1,000 acres or a portion 
thereof. The sale of the property would be in accordance with TVA's 
preferred alternative, Alternative F--Unrestricted Land Use in the 
final EIS. This decision incorporates mitigation measures that would 
reduce the potential for adverse impacts to the environment. These 
measures are listed in the 2013 MSR ROD. The preferred alternative also 
requires the publication of a CMP. TVA developed the MSR CMP with the 
NACD and other appropriate local, state, and federal authorities for 
the holistic redevelopment of the MSR property. On March 26, 2015, 
TVA's Senior Vice President of Economic Development approved the final 
CMP.

Mitigation Measures

    A full list of the measures associated with the sale of the surplus 
property is identified in the September 2013 MSR ROD. The sale deeds 
and associated transfer documentation would include restrictions and 
limitations specific to some or all of the surplus property per the 
mitigation measures outlined in the final MSR EIS. The CMP specifically 
identified the restrictions and limitations listed below:
     The sale deeds for every area would contain a covenant 
that the Grantee shall not remove groundwater from the property or 
inject groundwater into the property for any purpose except as mandated 
by applicable regulatory agencies or for environmental sampling or 
remediation purposes. The deeds would also contain a covenant that the 
Grantee shall not construct any unlined retention/detention basins or 
surface water features on the property.
     In order to assure compliance with Executive Order 11988 
(Floodplain Management) and Executive Order 11990 (Protection of 
Wetlands), TVA would include specific language in any conveyance 
documents for the property and require that any proposal for future 
improvements in a floodplain or wetland area would be subject to TVA 
review and approval prior to construction (in addition to any other 
regulatory approval).
     TVA would place an Environmental Covenant on the portion 
of the property within AOC 998 (Area 7) in order to limit its future 
uses. This Environmental Covenant is required by the Alabama Department 
of Environmental Management (ADEM) and must be recorded prior to sale. 
Within the portions of the property subject to Environmental Covenants, 
use of the property has been approved for industrial and commercial 
activities in accordance with the Alabama Risk-Based Corrective Action 
Guidance Manual, which allows traditional industrial uses and 
operations, commercial uses such as stores and businesses, and 
community college use such as offices, classrooms, parking areas, etc. 
The following shall not take place in areas covered by covenant use 
restrictions without obtaining prior written approval from ADEM: Use of 
the property for any residential or unrestricted use, which includes 
but is not limited to primary and secondary schools, dwellings, homes, 
hospitals, childcare centers, nursing homes, playgrounds, recreation 
centers, and any other areas or structures with sensitive

[[Page 34956]]

human activity. Additionally, digging or excavation would be prohibited 
within the portion of the property identified as Solid Waste Management 
Unit 141. This environmental covenant was recorded by TVA on August 29, 
2014.
     All future sales of areas that are wholly or partially 
within the MSR Historic District would contain deed restrictions 
requiring the buyer to adhere to the ``Muscle Shoals Reservation 
Historic Design Guideline and Architectural Controls'' pertaining to 
redevelopment and new development within the historic district 
boundaries. Design review and enforcement would be addressed by the 
cities of Muscle Shoals and Sheffield.
     Prior to and in conjunction with the sale of any portion 
of the property, TVA would be required to coordinate with ADEM with 
respect to necessary modifications to the existing TVA Resource 
Conservation and Recovery Act (RCRA) Permit. TVA would inform ADEM of 
its intentions to sell property prior to auction in order to solicit 
feedback and assure alignment with necessary procedures. After parcels 
are sold, TVA must formally request the property be removed from the 
existing RCRA permit. A public notice (typically 45 days) is required. 
Upon approval, ADEM would remove the land from the RCRA permit, and the 
requirements of the permit would no longer apply to the land under new 
ownership.

    Dated: June 8, 2015.
John J. Bradley,
Senior Vice President, Economic Development.
Rebecca C. Tolene,
Vice President, Natural Resources and Realty Property Services.
[FR Doc. 2015-14943 Filed 6-17-15; 8:45 am]
BILLING CODE 8120-08-P



                                                                            Federal Register / Vol. 80, No. 117 / Thursday, June 18, 2015 / Notices                                           34953

                                              line ‘‘CAFTA–DR EAC Meeting’’ or by                       • Chapter 17 of the CAFTA–DR,                           Heather L. Montgomery, Program
                                              fax to (202) 647–5947; and                                • The Final Environmental Review of                  Manager, Tennessee Valley Authority,
                                                 (2) Laura Buffo, Director for                        CAFTA–DR, and                                          Post Office Box 1010, MPB 1C–M,
                                              Environment and Natural Resources,                        • The ECA.                                           Muscle Shoals, Alabama 35662–1010;
                                              Office of the United States Trade                         These documents are available at:                    telephone (256) 386–3803 or email
                                              Representative by email to Laura_                       http://www.state.gov/e/oes/eqt/trade/                  hlmcgee@tva.gov.
                                              Buffo@ustr.eop.gov with the subject line                caftadr/index.htm. Visit http://                       SUPPLEMENTARY INFORMATION: TVA
                                              ‘‘CAFTA–DR EAC Meeting’’ or by fax to                   www.state.gov and the USTR Web site at                 manages public lands to protect the
                                              (202) 395–9517. If you have access to                   www.ustr.gov for more information.                     integrated operation of TVA reservoir
                                              the Internet you can view and comment                     Dated: June 15, 2015.                                and power systems, to provide for
                                              on this notice by going to: http://                                                                            appropriate public use and enjoyment of
                                                                                                      Deborah Klepp,
                                              www.regulations.gov/#!home and                                                                                 the reservoir system, and to provide for
                                                                                                      Director, Office of Environmental Quality and
                                              searching on docket number DOS–                                                                                continuing economic growth in the
                                                                                                      Transboundary Issues, U.S. Department of
                                              XXXX–XXXX.                                              State.                                                 Tennessee Valley. TVA assumed
                                              FOR FURTHER INFORMATION CONTACT:                        [FR Doc. 2015–15003 Filed 6–17–15; 8:45 am]
                                                                                                                                                             custody and control of the 3,036-acre
                                              Eloise Canfield, (202) 647–4750 or Laura                                                                       Muscle Shoals/Wilson Dam Reservation
                                                                                                      BILLING CODE 4710–09–P
                                              Buffo, 202–395–9424                                                                                            in Colbert County, Alabama in 1933
                                              SUPPLEMENTARY INFORMATION: Article                                                                             when Congress directed its transfer to
                                              17.5 of the CAFTA–DR establishes an                                                                            TVA from the U.S. War Department.
                                                                                                      TENNESSEE VALLEY AUTHORITY                             TVA has since managed 2,600 acres of
                                              Environmental Affairs Council (the
                                              Council) and requires it to meet                                                                               this nonreservoir property as the MSR.
                                                                                                      Muscle Shoals Reservation                                 Since acquisition of the land, TVA’s
                                              annually unless the CAFTA–DR parties                    Redevelopment, Colbert County,
                                              otherwise agree to oversee the                                                                                 need for this amount of MSR property
                                                                                                      Alabama                                                has changed. TVA’s programs have
                                              implementation of, and review progress
                                              under, Chapter 17. Article 17.5 further                 AGENCY:  Tennessee Valley Authority                    changed over time and TVA has greatly
                                              requires, unless the parties otherwise                  (TVA).                                                 reduced its operations and employment
                                              agree, that each meeting of the Council                                                                        at Muscle Shoals. Therefore, TVA has
                                                                                                      ACTION: Issuance of Record of Decision
                                                                                                                                                             determined that a portion of its MSR is
                                              include a session in which members of                   (ROD).
                                                                                                                                                             no longer essential to its needs. Local
                                              the Council have an opportunity to meet
                                                                                                      SUMMARY:   This notice is provided in                  public and private sector developers
                                              with the public to discuss matters
                                                                                                      accordance with the Council on                         have been requesting use of this land for
                                              relating to the implementation of
                                                                                                      Environmental Quality’s regulations (40                many years. In accordance with its
                                              Chapter 17. In Article 17.9, the parties
                                                                                                      CFR 1500 to 1508) and TVA’s                            economic development mission, TVA
                                              recognize the importance of
                                                                                                      procedures for implementing the                        concluded that sale and redevelopment
                                              strengthening capacity to protect the
                                                                                                      National Environmental Policy Act                      of approximately 1,000 acres of the MSR
                                              environment and to promote sustainable
                                                                                                      (NEPA). On November 15, 2012, the                      (surplus property) would help stimulate
                                              development in concert with
                                                                                                      TVA Board of Directors declared 1,000                  the local and regional economy. The
                                              strengthening trade and investment                                                                             sale of this land would also help TVA
                                              relations and state their commitment to                 acres of the Muscle Shoals Reservation
                                                                                                      (MSR) in Colbert County, Alabama, to                   reduce its operations and maintenance
                                              expanding their cooperative                                                                                    costs and help TVA reduce its
                                              relationship on environmental matters.                  be surplus to TVA’s needs and
                                                                                                      authorized the sale of such acreage at                 environmental footprint.
                                              Article 17.9 also references the ECA,                                                                             The September 2013 MSR ROD
                                              which sets out certain priority areas of                public auction, thereby adopting the
                                                                                                      preferred alternative in TVA’s final                   provides information about the decision
                                              cooperation on environmental activities                                                                        to sell this 1,000-acre portion of the
                                              that are also reflected in Annex 17.9 of                environmental impact statement (EIS)
                                                                                                      for the redevelopment of a portion of the              MSR and should be referenced for more
                                              the CAFTA–DR. These priority areas                                                                             details, including information about
                                              include, among other things:                            MSR. The ROD documenting this
                                                                                                                                                             need for property disposal, alternatives
                                              Reinforcing institutional and legal                     decision was published on September
                                                                                                                                                             considered by TVA, environmentally
                                              frameworks and the capacity to develop,                 16, 2013 (78 FR 56980). The notice of
                                                                                                                                                             preferred alternative, environmental
                                              implement, administer, and enforce                      availability (NOA) of the Final
                                                                                                                                                             consequences, and other background
                                              environmental laws, regulations,                        Environmental Impact Statement for the
                                                                                                                                                             information.
                                              standards and policies; conserving and                  Muscle Shoals Reservation
                                              managing shared, migratory and                          Redevelopment was published in the                     Comprehensive Master Plan
                                              endangered species in international                     Federal Register on November 18, 2011.                    All of the Action Alternatives in the
                                              trade and management of protected                       A component of the preferred                           MSR EIS, including the preferred
                                              areas; promoting best practices leading                 alternative was the publication of a                   alternative selected for implementation
                                              to sustainable management of the                        Comprehensive Master Plan (CMP) to                     by the TVA Board, included the
                                              environment; and facilitating                           guide development of the surplus MSR                   publication of a CMP to encourage
                                              technology development and transfer                     property. On March 26, 2015, TVA’s                     proper and responsible development of
                                              and training to promote clean                           Senior Vice President of Economic                      the approximate 1,000 acres of the MSR
                                              production technologies.                                Development approved the CMP                           authorized for sale. To support this
                                                 If you would like to attend the public               contemplated in TVA’s final EIS.                       effort, TVA and the Northwest Alabama
tkelley on DSK3SPTVN1PROD with NOTICES




                                              session, please notify Eloise Canfield at               FOR FURTHER INFORMATION CONTACT:                       Cooperative District (NACD) conducted
                                              the email addresses listed above under                    Amy B. Henry, NEPA Program and                       studies; evaluated environmental,
                                              the heading ADDRESSES. Please include                   Valley Projects Manager, Tennessee                     historical, and architectural impacts and
                                              your full name and identify any                         Valley Authority, 400 West Summit Hill                 alternatives; participated in public
                                              organization or group you represent. In                 Drive, WT 11D, Knoxville, Tennessee                    forums; collected public input; and
                                              preparing comments, we encourage                        37902–1499; telephone (865) 632–4045                   evaluated the market potential for the
                                              submitters to refer to:                                 or email abhenry@tva.gov.                              MSR site. Using the results of these


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                                              34954                         Federal Register / Vol. 80, No. 117 / Thursday, June 18, 2015 / Notices

                                              activities, TVA and the NACD                            Center, which would both be promoted                   entity or mixed-use development
                                              developed a CMP to serve as an                          for reuse.                                             utilizing a campus-style setting. A small
                                              overarching guiding principles tool to                     • Area 2A—Mixed-use Commercial/                     portion of the MSR Historic District is
                                              encourage well-managed development                      Office and Light Industrial. Area 2A is                located within area 5A, and future
                                              of the surplus property.                                located near the southwest corner of the               owners would be required to abide by
                                                 The CMP, which can be found at                       MSR and is comprised of 61 acres. No                   specified design guidelines approved for
                                              www.tva.gov/environment/reports,                        buildings are located within the tract,                the Historic District within that portion.
                                              identified nine distinct areas and                      but transmission lines traverse the                       • Area 5B—Mixed Use Medium-Scale
                                              subareas, eight of which comprise the                   extreme northwestern portion. Market                   Campus/Venue. Area 5B is located
                                              1,000-acre surplus property, as well as                 focus would be on attracting businesses                along the western boundary of the
                                              the preferred uses of these areas.                      (tourism, government, financial, data                  surplus property along Reservation
                                              Preferred uses include retail,                          management, etc.) that provide a                       Road and comprises approximately 50
                                              commercial, office, institutional, light                balance of job creation with land-use                  acres. Eight buildings previously
                                              industrial, heavy industrial, and                       conservation, with a preference for                    utilized by TVA for research and
                                              preservation. In accordance with the                    green-friendly operations.                             development are located on this
                                              Board’s previous decision, seven of the                    • Area 2B—Light Industrial. Area 2B                 property, all of which would be
                                              MSR areas would be sold at public                       is located near the southwest corner of                promoted for reuse. Market focus is
                                              auction under Section 31 of the TVA                     the property and is approximately 66                   campus environment and attraction of
                                              Act and one area (Area 9—Phosphate                      acres. Market focus is to attract small-               single entity or mixed-use development
                                              Slag Area) would be retained by TVA,                    scale, clean light industries that provide             utilizing a campus-style setting. A
                                              but would be made available as                          a balance of job creation and land-use                 portion of the MSR Historic District is
                                              easement property for a utility corridor                conservation, with a preference for                    located within area 5B, and future
                                              as described in the final MSR EIS.                      green-friendly operations. Minimization                owners would be required to abide by
                                                 The CMP provides a description for                   of environmental impacts would be                      specified design guidelines for the
                                              each area, which includes the                           integrated into facility design, and                   Historic District within that portion.
                                              recommended design guidelines,                          public access would be retained and/or                    • Area 5C—Mixed Use Small-Scale
                                              preferred use options, and development                  promoted in select areas for bird-                     Campus. Area 5C is located on the north
                                              restrictions for each area. The CMP                     watching and future walking trails.                    side of Reservation Road and comprises
                                              envisions that all areas where                             • Area 3—Woodlands Preservation                     approximately 35 acres. Area 5C is an
                                              development could occur would have                      Area. Area 3 is divided into 3A and 3B                 existing multi-use facility campus and
                                              design and aesthetics controlled by                     to accommodate access to Second Street                 all buildings would be promoted for
                                              zoning, that favor a common thread                      for the Area 7 purchaser and comprises                 reuse. A portion of the Reservation Road
                                              architectural style and material                        203 acres. Both areas have similar                     trail is located within this area. Market
                                              elements consistent with other MSR                      design guidelines and development                      focus is campus environment and
                                              redevelopment and which complement                      restrictions. Significant wetlands and a               attraction of single entity or mixed-use
                                              the historical context. Building, signage,              portion of the existing floodplains are                development utilizing a campus-style
                                              and landscape designs would be pre-                     found in these areas, which makes them                 setting.
                                              approved per local zoning requirements.                 ideal for preservation. Market focus                      • Area 6—Business Village/Mixed
                                              Development restrictions vary by area,                  would be to retain the woodlands and                   Use Commercial. Area 6 is 74 acres and
                                              but most areas include restrictions such                natural habitat and minimize man-made                  is located in the center of the surplus
                                              as: No residential dwellings of any form,               impacts. Value-added opportunities                     property. Sixteen buildings are located
                                              no groundwater withdrawal, at least                     (bird watching, environmental                          in this area. A select number of these
                                              100-foot setback from existing roadway                  education, wetlands mitigation,                        buildings have been identified as
                                              boundaries that allows for centralized                  recreation, etc.) would be promoted                    historically significant and are targeted
                                              utilities and future pedestrian trails,                 within these areas. The proposed                       for adaptive reuse. Other buildings may
                                              signage restricted to that which                        wildlife corridor runs through these                   be promoted or demolished by TVA or
                                              promotes businesses within the                          areas and fencing, which impedes                       future owners depending upon their
                                              development, restriction on operation                   wildlife, would not be allowed in this                 condition. Preferred use is office,
                                              emissions, etc. TVA and local units of                  area.                                                  commercial, service, retail, light-to-
                                              governments would share the                                • Area 4—Retail/Commercial. Area 4                  medium industrial, civic, or
                                              responsibility of enforcing these guiding               is located in the southwestern corner of               government. This area is located within
                                              principles, as further specified in the                 the property and comprises 98 acres.                   the MSR Historic District, and future
                                              CMP.                                                    Wetlands and portions of the floodplain                owners would be required to abide by
                                                 The nine areas identified in the CMP                 are currently located in Area 4;                       specified design guidelines for the
                                              are briefly described below. Please refer               however, TVA is constructing an                        Historic District.
                                              to the CMP for more area details,                       elevated embankment that would                            • Area 7—Differentiated Industrial
                                              guideline documents and location maps.                  reduce the total number of acres                       Development. Area 7 is a 163-acre area
                                                 • Area 1—Retail/Commercial. Area 1                   threatened by potential flooding. Market               located in the center of the MSR. Three
                                              is subdivided into 2 areas (1A and 1B)                  focus would be on the attraction of                    TVA buildings remain in this area and
                                              to accommodate differing scale land                     unique and differentiated businesses                   would be promoted for reuse. Area 7
                                              uses. The area is located on the western                and discouragement of redundant retail/                extends to Second Street to
                                              boundary border of the property and is                  commercial uses.                                       accommodate potential employee and
                                                                                                         • Area 5A—Mixed Use Large-Scale
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                                              comprised of 95 acres. Market focus                                                                            shipping traffic or necessary utilities.
                                              would be on the attraction of unique                    Campus/Venue. Area 5A is located                       Preferred use is mid-to-heavy industrial
                                              and differentiated businesses and                       along the northern boundary of the                     facilities such as manufacturing (or
                                              discouragement of redundant retail/                     surplus property along Reservation                     similar) operations with the potential
                                              commercial uses. Area 1B contains two                   Road and comprises approximately 85                    for significant job creation and capital
                                              building complexes, the Greenhouse                      acres. Market focus is campus                          investment. Area of concern (AOC) 998
                                              complex and TVA’s Customer Service                      environment and attraction of single                   is located within Area 7. Area 7


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                                                                            Federal Register / Vol. 80, No. 117 / Thursday, June 18, 2015 / Notices                                           34955

                                              contains a portion of the MSR Historic                  Updated Information                                    Senior Vice President of Economic
                                              District, and future owners would be                       Since the publication of the 2013                   Development approved the final CMP.
                                              required to abide by specified design                   MSR ROD, TVA has been taking steps                     Mitigation Measures
                                              guidelines for the Historic District                    to make portions of the MSR property
                                              within that portion.                                                                                              A full list of the measures associated
                                                                                                      more useful for future development.
                                                • Area 8—TVA property. Areas 8A                                                                              with the sale of the surplus property is
                                                                                                      TVA developed a strategy that allows                   identified in the September 2013 MSR
                                              and 8B (low-level radioactive waste
                                                                                                      for the demolition of and/or                           ROD. The sale deeds and associated
                                              burial site) comprise approximately 400
                                                                                                      enhancements to targeted buildings,                    transfer documentation would include
                                              acres of the MSR. These areas do not
                                                                                                      structures, and land while abiding by                  restrictions and limitations specific to
                                              contain enough developable land for
                                                                                                      TVA’s Memorandum of Agreement                          some or all of the surplus property per
                                              meaningful non-TVA development and
                                                                                                      (MOA) with the Alabama State Historic                  the mitigation measures outlined in the
                                              are therefore not part of the 1,000-acre
                                                                                                      Preservation Officer and the 2011 EIS.                 final MSR EIS. The CMP specifically
                                              MSR surplus footprint.
                                                • Area 9—Easement Area. Area 9 is                     The improvements began in 2013 with                    identified the restrictions and
                                              approximately 66 acres and located                      the removal of unwanted legacy                         limitations listed below:
                                              south of the Tennessee River and north                  buildings and structures and non-native                   • The sale deeds for every area would
                                              of Reservation Road. Area 9 contains the                species plants (i.e., privet, kudzu, etc.).            contain a covenant that the Grantee
                                              phosphate slag storage area and is                      The potential impacts of the building                  shall not remove groundwater from the
                                              therefore not suitable for new                          demolitions were addressed in a 2013                   property or inject groundwater into the
                                              construction or permanent public                        environmental assessment and potential                 property for any purpose except as
                                              occupancy. TVA will retain ownership                    impacts of the plant removal was                       mandated by applicable regulatory
                                              of this area, but would make the area                   addressed in a 2013 categorical                        agencies or for environmental sampling
                                              available as a utility access corridor                  exclusion checklist. TVA has also been                 or remediation purposes. The deeds
                                              under specific use agreements                           granting easements to local utility                    would also contain a covenant that the
                                              (easements or licenses) in order to                     companies for placement of fiber optic                 Grantee shall not construct any unlined
                                              complement the overall success of the                   cables, power lines, and similar                       retention/detention basins or surface
                                              MSR redevelopment.                                      installations to improve the                           water features on the property.
                                                The CMP identifies the suggested and                  marketability of the MSR surplus                          • In order to assure compliance with
                                              preferred areas, but recognizes that TVA                property.                                              Executive Order 11988 (Floodplain
                                              could reconsider the area boundaries,                      TVA is currently constructing a new                 Management) and Executive Order
                                              preferred uses, market focus, design                    levee associated with Pond Creek in the                11990 (Protection of Wetlands), TVA
                                              guidelines, and development                             southwest corner (Area 4) of the MSR                   would include specific language in any
                                              restrictions in the event a single buyer                property. The proposed levee is                        conveyance documents for the property
                                              expresses an interest in purchasing                     necessary to fulfill TVA’s commitments                 and require that any proposal for future
                                              more than one area, in part or in whole.                in the 1973 agreement with the City of                 improvements in a floodplain or
                                              The cities of Muscle Shoals and                         Muscle Shoals. Potential environmental                 wetland area would be subject to TVA
                                              Sheffield are expected to annex portions                impacts were addressed in a July 2014                  review and approval prior to
                                              of the surplus property and may also                    environmental assessment. The                          construction (in addition to any other
                                              impose additional measures for each                     proposed levee would result in an                      regulatory approval).
                                              area as each city deems appropriate.                    overall reduction in inundation levels                    • TVA would place an Environmental
                                                                                                      within Area 4.                                         Covenant on the portion of the property
                                              Public Involvement                                                                                             within AOC 998 (Area 7) in order to
                                                                                                      Decision                                               limit its future uses. This Environmental
                                                Please reference the September 2013
                                              ROD for information about the public                       On November 15, 2012, the TVA                       Covenant is required by the Alabama
                                              involvement in the MSR EIS process. In                  Board declared 1,000 acres of the MSR                  Department of Environmental
                                              response to comments from U.S.                          surplus to TVA’s needs and authorized                  Management (ADEM) and must be
                                              Environmental Protection Agency on                      the sale of such acreage at public                     recorded prior to sale. Within the
                                              the final EIS, TVA noted that it planned                auction upon a determination by the                    portions of the property subject to
                                              to release a draft of the CMP and hold                  Senior Vice President, Economic                        Environmental Covenants, use of the
                                              a public meeting to obtain stakeholder                  Development, following consultation                    property has been approved for
                                              comments.                                               with the Vice President, Natural                       industrial and commercial activities in
                                                In 2011, TVA and NACD jointly                         Resources and Real Property Services,                  accordance with the Alabama Risk-
                                              sought input from stakeholders and the                  that market conditions warrant selling                 Based Corrective Action Guidance
                                              general public to discuss the potential                 the fee simple interest of the 1,000 acres             Manual, which allows traditional
                                              economic opportunities in redeveloping                  or a portion thereof. The sale of the                  industrial uses and operations,
                                              the MSR property in preparation of the                  property would be in accordance with                   commercial uses such as stores and
                                              CMP. Two public meetings were held in                   TVA’s preferred alternative, Alternative               businesses, and community college use
                                              November 2011 in Lauderdale and                         F—Unrestricted Land Use in the final                   such as offices, classrooms, parking
                                              Colbert Counties to obtain public                       EIS. This decision incorporates                        areas, etc. The following shall not take
                                              comments on the future use of the MSR                   mitigation measures that would reduce                  place in areas covered by covenant use
                                              property. TVA distributed the draft CMP                 the potential for adverse impacts to the               restrictions without obtaining prior
                                              to interested individuals, groups, and                  environment. These measures are listed                 written approval from ADEM: Use of the
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                                              federal, state, and local agencies in                   in the 2013 MSR ROD. The preferred                     property for any residential or
                                              September 2014 for a 30-day public                      alternative also requires the publication              unrestricted use, which includes but is
                                              comment period. A public meeting was                    of a CMP. TVA developed the MSR CMP                    not limited to primary and secondary
                                              held on September 30, 2014, in                          with the NACD and other appropriate                    schools, dwellings, homes, hospitals,
                                              Florence, Alabama. TVA received 7                       local, state, and federal authorities for              childcare centers, nursing homes,
                                              public comments and addressed the                       the holistic redevelopment of the MSR                  playgrounds, recreation centers, and any
                                              comments in the final CMP.                              property. On March 26, 2015, TVA’s                     other areas or structures with sensitive


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                                              34956                         Federal Register / Vol. 80, No. 117 / Thursday, June 18, 2015 / Notices

                                              human activity. Additionally, digging or                Register Notice with a 60-day public                   Sections 52003 and 52005 (Pub. L. 112–
                                              excavation would be prohibited within                   comment period on this information                     141) address some of the most pressing
                                              the portion of the property identified as               collection on August 1, 2014. We are                   needs related to the nation’s highway
                                              Solid Waste Management Unit 141. This                   required to publish this notice in the                 system. Recognizing the critical safety
                                              environmental covenant was recorded                     Federal Register by the Paperwork                      and operations implications of incident
                                              by TVA on August 29, 2014.                              Reduction Act of 1995.                                 management, SHRP2 developed the
                                                • All future sales of areas that are                  DATES: Please submit comments by July                  National Traffic Incident Management
                                              wholly or partially within the MSR                      20, 2015.                                              (TIM) Responder Training curriculum.
                                              Historic District would contain deed                    ADDRESSES: You may send comments                       The training curriculum, developed
                                              restrictions requiring the buyer to                     within 30 days to the Office of                        through SHRP2 project numbers L12
                                              adhere to the ‘‘Muscle Shoals                           Information and Regulatory Affairs,                    and L32A, is designed to reach as many
                                              Reservation Historic Design Guideline                   Office of Management and Budget, 725                   responders as possible through in-
                                              and Architectural Controls’’ pertaining                 17th Street NW., Washington, DC 20503,                 person training. In the summer of 2012,
                                              to redevelopment and new development                    Attention DOT Desk Officer. You are                    the FHWA Office of Operations
                                              within the historic district boundaries.                asked to comment on any aspect of this                 assumed lead implementation
                                              Design review and enforcement would                     information collection, including: (1)                 responsibility for the in-person training
                                              be addressed by the cities of Muscle                    Whether the proposed collection is                     program, and is currently conducting
                                              Shoals and Sheffield.                                   necessary for the FHWA’s performance;                  ‘‘train the trainer’’ sessions throughout
                                                • Prior to and in conjunction with the                (2) the accuracy of the estimated                      the U.S. The Office of Operations also
                                              sale of any portion of the property, TVA                burden; (3) ways for the FHWA to                       plans to launch an E-Learning Tool
                                              would be required to coordinate with                    enhance the quality, usefulness, and                   (SHRP2 project L32B) that will
                                              ADEM with respect to necessary                          clarity of the collected information; and              significantly expand the reach of the
                                              modifications to the existing TVA                       (4) ways that the burden could be                      program, reaching thousands of
                                              Resource Conservation and Recovery                      minimized, including the use of                        additional responders. When fully-
                                              Act (RCRA) Permit. TVA would inform                     electronic technology, without reducing                deployed, the training will produce a
                                              ADEM of its intentions to sell property                                                                        cadre of well-trained responders in each
                                                                                                      the quality of the collected information.
                                              prior to auction in order to solicit                                                                           State, able to more quickly reduce the
                                                                                                      All comments should include the
                                              feedback and assure alignment with                                                                             time it takes to clear accidents, offering
                                                                                                      Docket number FHWA–2015–0012.
                                              necessary procedures. After parcels are                                                                        the benefits of reduced congestion and
                                                                                                      FOR FURTHER INFORMATION CONTACT: Paul
                                              sold, TVA must formally request the                                                                            lost travel time for travelers, as well as
                                                                                                      Jodoin, (202) 366–5465, or James                       improved safety conditions for incident
                                              property be removed from the existing                   Austrich, 202–366–0731, Office of
                                              RCRA permit. A public notice (typically                                                                        responders and motorists.
                                                                                                      Operations, Federal Highway                               The SHRP2 program also identified
                                              45 days) is required. Upon approval,                    Administration, Department of
                                              ADEM would remove the land from the                                                                            the need for comprehensive evaluation
                                                                                                      Transportation, 1200 New Jersey                        of the benefits of TIM responder
                                              RCRA permit, and the requirements of                    Avenue SE., Washington, DC 20590.
                                              the permit would no longer apply to the                                                                        training, and developed an electronic
                                                                                                      Office hours are from 8 a.m. to 5 p.m.,                post-course assessment tool
                                              land under new ownership.                               Monday through Friday, except Federal                  (Assessment Tool) through project
                                                Dated: June 8, 2015.                                  holidays.                                              L32C, to be used to gather and analyze
                                              John J. Bradley,                                        SUPPLEMENTARY INFORMATION:                             survey information related to TIM
                                              Senior Vice President, Economic                            Title: National Traffic Incident                    responder training. The Assessment
                                              Development.                                            Management Responder Training                          Tool and collected survey information
                                              Rebecca C. Tolene,                                      Assessment                                             will enable participating agencies to
                                              Vice President, Natural Resources and Realty               Background: Three highway injury                    assess student learning, to identify
                                              Property Services.                                      crashes occur every minute in the                      actions that can be taken to meet agency
                                              [FR Doc. 2015–14943 Filed 6–17–15; 8:45 am]             United States, putting nearly 39,000                   emergency response goals, and to
                                              BILLING CODE 8120–08–P
                                                                                                      incident responders potentially in                     evaluate the sufficiency of current
                                                                                                      harm’s way every day. Congestion from                  agency resources and equipment to meet
                                                                                                      these incidents often generates                        the goals of successful TIM response.
                                              DEPARTMENT OF TRANSPORTATION                            secondary crashes, further increasing                  The Assessment Tool will also support
                                                                                                      traveler delay and frustration, and is the             the Office of Operations’ management of
                                              Federal Highway Administration                          source of up to 25 percent of all traffic              the TIM Responder Training Program by
                                                                                                      delays. The longer incident responders                 tracking and reporting the number of
                                              [Docket No. FHWA–2015–0012]                             remain at the scene, the greater the risk              trainers and trainees reached by the
                                                                                                      they, and the traveling public, face.                  classroom and e-Learning activities. The
                                              Agency Information Collection
                                                                                                      Minimizing the time and resources                      tool will use a four-level ‘‘Kirkpatrick
                                              Activities: Request for Comments for
                                                                                                      required for incident clearance is                     Model’’ evaluation methodology with
                                              New Information Collection
                                                                                                      essential to meeting Federal Highway                   survey data collection following both in-
                                              AGENCY: Federal Highway                                 Administration (FHWA) goals for                        person and e-Learning events.
                                              Administration (FHWA), DOT.                             improved safety and reliability.                       Consistent with the Kirkpatrick Model,
                                              ACTION: Notice and request for                             The second Strategic Highway                        the Office of Operations intends to
                                              comments.                                               Research Program (SHRP2) an applied                    survey training participants, their peers,
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                                                                                                      research program authorized by                         and their supervisors in four phases.
                                              SUMMARY:   The FHWA has forwarded the                   Congress in the Safe, Accountable,                        Phase 1 is a reaction survey, sent to
                                              information collection request described                Flexible, Efficient Transportation Equity              the participants immediately after the
                                              in this notice to the Office of                         Act: A Legacy for Users (SAFETEA–LU),                  training session is completed, either in
                                              Management and Budget (OMB) for                         Section 5210 (Public Law 109–59), and                  hardcopy or electronic form.
                                              approval of a new information                           reauthorized in Moving Ahead for                          Phase 2 is concurrent with Phase 1
                                              collection. We published a Federal                      Progress in the 21st Century (MAP–21),                 but focused on student learning. The


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Document Created: 2018-02-22 11:11:47
Document Modified: 2018-02-22 11:11:47
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionNotices
ActionIssuance of Record of Decision (ROD).
ContactAmy B. Henry, NEPA Program and Valley Projects Manager, Tennessee Valley Authority, 400 West Summit Hill Drive, WT 11D, Knoxville, Tennessee 37902-1499; telephone (865) 632-4045 or email [email protected]
FR Citation80 FR 34953 

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