Muscle Shoals Reservation Redevelopment, Colbert County, Alabama, 34953-34956 [2015-14943]
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Federal Register / Vol. 80, No. 117 / Thursday, June 18, 2015 / Notices
line ‘‘CAFTA–DR EAC Meeting’’ or by
fax to (202) 647–5947; and
(2) Laura Buffo, Director for
Environment and Natural Resources,
Office of the United States Trade
Representative by email to Laura_
Buffo@ustr.eop.gov with the subject line
‘‘CAFTA–DR EAC Meeting’’ or by fax to
(202) 395–9517. If you have access to
the Internet you can view and comment
on this notice by going to: https://
www.regulations.gov/#!home and
searching on docket number DOS–
XXXX–XXXX.
FOR FURTHER INFORMATION CONTACT:
Eloise Canfield, (202) 647–4750 or Laura
Buffo, 202–395–9424
SUPPLEMENTARY INFORMATION: Article
17.5 of the CAFTA–DR establishes an
Environmental Affairs Council (the
Council) and requires it to meet
annually unless the CAFTA–DR parties
otherwise agree to oversee the
implementation of, and review progress
under, Chapter 17. Article 17.5 further
requires, unless the parties otherwise
agree, that each meeting of the Council
include a session in which members of
the Council have an opportunity to meet
with the public to discuss matters
relating to the implementation of
Chapter 17. In Article 17.9, the parties
recognize the importance of
strengthening capacity to protect the
environment and to promote sustainable
development in concert with
strengthening trade and investment
relations and state their commitment to
expanding their cooperative
relationship on environmental matters.
Article 17.9 also references the ECA,
which sets out certain priority areas of
cooperation on environmental activities
that are also reflected in Annex 17.9 of
the CAFTA–DR. These priority areas
include, among other things:
Reinforcing institutional and legal
frameworks and the capacity to develop,
implement, administer, and enforce
environmental laws, regulations,
standards and policies; conserving and
managing shared, migratory and
endangered species in international
trade and management of protected
areas; promoting best practices leading
to sustainable management of the
environment; and facilitating
technology development and transfer
and training to promote clean
production technologies.
If you would like to attend the public
session, please notify Eloise Canfield at
the email addresses listed above under
the heading ADDRESSES. Please include
your full name and identify any
organization or group you represent. In
preparing comments, we encourage
submitters to refer to:
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• Chapter 17 of the CAFTA–DR,
• The Final Environmental Review of
CAFTA–DR, and
• The ECA.
These documents are available at:
https://www.state.gov/e/oes/eqt/trade/
caftadr/index.htm. Visit https://
www.state.gov and the USTR Web site at
www.ustr.gov for more information.
Dated: June 15, 2015.
Deborah Klepp,
Director, Office of Environmental Quality and
Transboundary Issues, U.S. Department of
State.
[FR Doc. 2015–15003 Filed 6–17–15; 8:45 am]
BILLING CODE 4710–09–P
TENNESSEE VALLEY AUTHORITY
Muscle Shoals Reservation
Redevelopment, Colbert County,
Alabama
Tennessee Valley Authority
(TVA).
ACTION: Issuance of Record of Decision
(ROD).
AGENCY:
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.
SUMMARY:
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34953
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
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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 preapproved 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
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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 smallscale, 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 birdwatching 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
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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-tomedium 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
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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.
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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
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34955
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 RiskBased 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
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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
DEPARTMENT OF TRANSPORTATION
Federal Highway Administration
[Docket No. FHWA–2015–0012]
Agency Information Collection
Activities: Request for Comments for
New Information Collection
Federal Highway
Administration (FHWA), DOT.
ACTION: Notice and request for
comments.
tkelley on DSK3SPTVN1PROD with NOTICES
AGENCY:
The FHWA has forwarded the
information collection request described
in this notice to the Office of
Management and Budget (OMB) for
approval of a new information
collection. We published a Federal
SUMMARY:
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Register Notice with a 60-day public
comment period on this information
collection on August 1, 2014. We are
required to publish this notice in the
Federal Register by the Paperwork
Reduction Act of 1995.
DATES: Please submit comments by July
20, 2015.
ADDRESSES: You may send comments
within 30 days to the Office of
Information and Regulatory Affairs,
Office of Management and Budget, 725
17th Street NW., Washington, DC 20503,
Attention DOT Desk Officer. You are
asked to comment on any aspect of this
information collection, including: (1)
Whether the proposed collection is
necessary for the FHWA’s performance;
(2) the accuracy of the estimated
burden; (3) ways for the FHWA to
enhance the quality, usefulness, and
clarity of the collected information; and
(4) ways that the burden could be
minimized, including the use of
electronic technology, without reducing
the quality of the collected information.
All comments should include the
Docket number FHWA–2015–0012.
FOR FURTHER INFORMATION CONTACT: Paul
Jodoin, (202) 366–5465, or James
Austrich, 202–366–0731, Office of
Operations, Federal Highway
Administration, Department of
Transportation, 1200 New Jersey
Avenue SE., Washington, DC 20590.
Office hours are from 8 a.m. to 5 p.m.,
Monday through Friday, except Federal
holidays.
SUPPLEMENTARY INFORMATION:
Title: National Traffic Incident
Management Responder Training
Assessment
Background: Three highway injury
crashes occur every minute in the
United States, putting nearly 39,000
incident responders potentially in
harm’s way every day. Congestion from
these incidents often generates
secondary crashes, further increasing
traveler delay and frustration, and is the
source of up to 25 percent of all traffic
delays. The longer incident responders
remain at the scene, the greater the risk
they, and the traveling public, face.
Minimizing the time and resources
required for incident clearance is
essential to meeting Federal Highway
Administration (FHWA) goals for
improved safety and reliability.
The second Strategic Highway
Research Program (SHRP2) an applied
research program authorized by
Congress in the Safe, Accountable,
Flexible, Efficient Transportation Equity
Act: A Legacy for Users (SAFETEA–LU),
Section 5210 (Public Law 109–59), and
reauthorized in Moving Ahead for
Progress in the 21st Century (MAP–21),
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Sections 52003 and 52005 (Pub. L. 112–
141) address some of the most pressing
needs related to the nation’s highway
system. Recognizing the critical safety
and operations implications of incident
management, SHRP2 developed the
National Traffic Incident Management
(TIM) Responder Training curriculum.
The training curriculum, developed
through SHRP2 project numbers L12
and L32A, is designed to reach as many
responders as possible through inperson training. In the summer of 2012,
the FHWA Office of Operations
assumed lead implementation
responsibility for the in-person training
program, and is currently conducting
‘‘train the trainer’’ sessions throughout
the U.S. The Office of Operations also
plans to launch an E-Learning Tool
(SHRP2 project L32B) that will
significantly expand the reach of the
program, reaching thousands of
additional responders. When fullydeployed, the training will produce a
cadre of well-trained responders in each
State, able to more quickly reduce the
time it takes to clear accidents, offering
the benefits of reduced congestion and
lost travel time for travelers, as well as
improved safety conditions for incident
responders and motorists.
The SHRP2 program also identified
the need for comprehensive evaluation
of the benefits of TIM responder
training, and developed an electronic
post-course assessment tool
(Assessment Tool) through project
L32C, to be used to gather and analyze
survey information related to TIM
responder training. The Assessment
Tool and collected survey information
will enable participating agencies to
assess student learning, to identify
actions that can be taken to meet agency
emergency response goals, and to
evaluate the sufficiency of current
agency resources and equipment to meet
the goals of successful TIM response.
The Assessment Tool will also support
the Office of Operations’ management of
the TIM Responder Training Program by
tracking and reporting the number of
trainers and trainees reached by the
classroom and e-Learning activities. The
tool will use a four-level ‘‘Kirkpatrick
Model’’ evaluation methodology with
survey data collection following both inperson and e-Learning events.
Consistent with the Kirkpatrick Model,
the Office of Operations intends to
survey training participants, their peers,
and their supervisors in four phases.
Phase 1 is a reaction survey, sent to
the participants immediately after the
training session is completed, either in
hardcopy or electronic form.
Phase 2 is concurrent with Phase 1
but focused on student learning. The
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]]>Agencies
[Federal Register Volume 80, Number 117 (Thursday, June 18, 2015)]
[Notices]
[Pages 34953-34956]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[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).
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SUMMARY: This notice is provided in accordance with the Council on
Environmental Quality's regulations (40 CFR 1500 to 1508) and TVA's
procedures 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
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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
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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
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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
