Rarity Pointe Commercial Recreation and Residential Development on Tellico Reservoir, Loudon and Monroe Counties, Tennessee, 43448-43449 [2017-19657]

Download as PDF 43448 Federal Register / Vol. 82, No. 178 / Friday, September 15, 2017 / Notices TENNESSEE VALLEY AUTHORITY Rarity Pointe Commercial Recreation and Residential Development on Tellico Reservoir, Loudon and Monroe Counties, Tennessee Tennessee Valley Authority. Amended Record of Decision. AGENCY: ACTION: The Tennessee Valley Authority (TVA) is amending its September 10, 2003, Record of Decision (ROD) for the Rarity Pointe Commercial Recreation and Residential Development on Tellico Reservoir, Loudon and Monroe Counties, Tennessee Final Environmental Impact Statement (2003 Rarity Pointe FEIS). In 2012, WindRiver Management LLC (WindRiver) purchased the Rarity Pointe development and requested that TVA consider modifications to the original development plan. In July 2017, TVA completed a supplemental environmental assessment analyzing the potential impacts of the proposed modifications. This amended ROD incorporates TVA’s decisions relating to the modifications. FOR FURTHER INFORMATION CONTACT: Amy Henry, NEPA Program and Valley Projects, Tennessee Valley Authority, 400 West Summit Hill Drive, Knoxville, Tennessee 37902; Telephone: 865–632– 4045 or Email: abhenry@tva.gov. SUPPLEMENTARY INFORMATION: This notice is provided in accordance with the Council on Environmental Quality’s regulations and the TVA procedures for implementing the National Environmental Policy Act (NEPA). On September 10, 2003, TVA published in the Federal Register (68 FR 53421) its Record of Decision (ROD) for the Rarity Pointe Commercial Recreation and Residential Development on Tellico Reservoir, Loudon and Monroe Counties, Tennessee Final Environmental Impact Statement. In the ROD, TVA selected Alternative E of the FEIS, approving construction of a marina facility and par 3 golf course, changes to land use allocations in the Tellico Reservoir Land Management Plan, and acceptance of a transfer of properties for recreation and natural resources conservation use. In 2012, WindRiver Management LLC (WindRiver) purchased the Rarity Pointe development and requested approval under Section 26a of the TVA Act to install riprap shoreline stabilization, two irrigation water intakes, a stormwater outfall, and a park in replacement of the previously planned par 3 golf course. In July 2017, TVA completed the Brightwater Park at WindRiver Final Supplemental mstockstill on DSK30JT082PROD with NOTICES SUMMARY: VerDate Sep<11>2014 17:07 Sep 14, 2017 Jkt 241001 Environmental Assessment (Final SEA) analyzing the potential impacts of the proposed actions that modify the original development plan. TVA now amends the September 2003 ROD to incorporate the revised proposal. By this notice, TVA is providing notification of its decision and agency reasoning. To construct Brightwater Park and install rip-rap stabilization at locations around the WindRiver development, TVA approval is needed within TVA’s Section 26a jurisdiction. U.S. Army Corps of Engineers (USACE) approval is also needed under Section 10 of the Rivers and Harbors Act and Section 404 of the Clean Water Act for the proposed stabilization and pier. Section 26a of the TVA Act of 1933, as amended, requires that TVA approval be obtained prior to the construction, operation, or maintenance of an obstruction affecting navigation, flood control, or public lands. Therefore, TVA’s action would be to make a decision on the Section 26a approval request for the proposed park, shoreline stabilization, water intakes and stormwater outfall. The USACE and TVA have a Memorandum of Understanding that designates TVA as the Lead Federal Agency for conducting environmental reviews under NEPA and other applicable federal laws and regulations for proposed work that may occur on property which is under TVA custody or control. The Final SEA analyzes two alternatives: Alternative A—the No Action Alternative, and Alternative B— Section 26a Permit Approval. Under Alternative A, TVA would not issue approval under Section 26a. The applicant would not be permitted to take any actions on TVA land below the 820 foot contour elevation except those previously authorized by TVA under the 2003 ROD. Under Alternative B, TVA would issue a Section 26a permit approval to install riprap shoreline stabilization, a park, two irrigation water intakes, and a stormwater outfall. The Final SEA identified Alternative B—Section 26a Permit Approval as the preferred alternative. Riprap stabilization under Alternative B includes approximately 6,360 linear feet of rip-rap along steeper portions of the shoreline of Tellico Reservoir which are actively eroding resulting in undermining of banks and loss of riparian vegetation. The proposed Brightwater Park includes a gravel and asphalt parking area, two fire pits, a retaining wall, an irrigation water intake and pump installed under one canoe/ kayak floating dock (attached to a fixed pier), lighting, electrical service, a community garden, a shuffleboard court, two pavilions, a fenced play area, PO 00000 Frm 00124 Fmt 4703 Sfmt 4703 a dog park, a picnic shelter, sidewalk and walkways, picnic tables, playground structures, and signage. The majority of the park would be located on TVA property below the 820 foot contour elevation. Environmental Consequences In the Final SEA, TVA adopted the analysis in the 2003 Rarity Pointe FEIS and provided supplemental analysis of the potential impacts of both Alternative A and B on aesthetics, recreation, floodplains, wetlands, aquatic ecology, terrestrial ecology, water quality, noise, and historic and archaeological resources. The potential environmental impacts of each alternative are summarized for comparison in Section 2.2 of the Final SEA. The proposed Alternative B would have no additional impact on most environmental resources evaluated in the 2003 Rarity Pointe FEIS. There would be no impacts to wetlands and historic and archaeological resources under Alternative B. Minor and temporary impacts associated with Alternative B were identified to aquatic ecology, water quality, and noise primarily in association with short-term construction activities. These impacts would be similar to the short-term construction impacts for those same resources in the 2003 Rarity Pointe FEIS. Additionally, TVA has determined that there would be new minor impacts to aesthetics, floodplains, and terrestrial ecology as a result of the permanent changes resulting from implementation of Alternative B beyond those previously evaluated in the 2003 Rarity Pointe FEIS. Alternative B would result in minor beneficial impacts to recreation due to the increased recreation opportunities in the area. Environmentally Preferable Alternative TVA has concluded that Alternative A, the No Action Alternative, is the environmentally preferred alternative, as it would result in fewer environmental impacts than Alternative B. The No Action Alternative would result in no additional or different environmental impacts beyond those previously evaluated in the 2003 Rarity Pointe FEIS. These additional impacts would be primarily associated with the installation of the riprap stabilization. Although Alternative B would have slightly greater impacts than the No Action Alternative, most of those impacts would be minor. The predominant adverse impact associated with Alternative B would be a minor change in the visual appearance of the shoreline from various viewpoints around the reservoir. This change would E:\FR\FM\15SEN1.SGM 15SEN1 Federal Register / Vol. 82, No. 178 / Friday, September 15, 2017 / Notices be consistent, however, with the shoreline appearance in other locations and therefore would not be significant. Alternative B would, however, provide some environmental benefits. These benefits include reducing shoreline erosion at locations where the riprap stabilization measures are placed and completion of Brightwater Park providing accessible public land and recreation resources as was originally intended with the 2003 decision. mstockstill on DSK30JT082PROD with NOTICES Amended Decision TVA has decided to amend the September 2003 ROD to incorporate the approval of Alternative B—Section 26a Permit Approval. The rationale for approving Alternative B is consistent with the rationale provided in the September 2003 ROD. The changes to the original proposal described in Alternative B achieves both WindRiver’s objectives for development of the residential and recreational community and TVA’s overall goals for providing recreational opportunities in the Tennessee Valley. Environmental impacts associated with Alternative B would be minor and slightly greater than impacts associated with Alternative A. Mitigation Measures The September 2003 ROD lists mitigation measures associated with the 2003 Rarity Pointe FEIS. These mitigation measures remain in effect across the development. TVA has identified the following 2003 mitigation measures to be specifically applicable to the current proposed actions related to the stabilization measures and Brightwater Park: • Fully shielded light fixtures or those with internal low-glare optics (so no light is emitted from the fixture at angles above the horizon) will be used in the development. This commitment would also apply to the actions at Brightwater Park. • Any future facilities or equipment subject to flood damage will be located at or above elevation of 820 feet. • Any future development proposed within the limits of the 100-year floodplain, elevation 816.7 feet MSL, will be consistent with the requirements of EO 11988. • All future development will be consistent with the requirements of TVA’s Flood Control Storage Loss Guideline. • WindRiver will continue to mitigate impacts to wetlands (W4 and W5) in the vicinity of Brightwater Park by implementing the wetland mitigation plan in Appendix C of the 2003 Rarity Pointe FEIS. VerDate Sep<11>2014 17:07 Sep 14, 2017 Jkt 241001 TVA has identified the following new mitigation measures associated with the implementation of the Brightwater Park SEA Alternative B—Section 26a Permit Approval. • No flood-damageable facilities or equipment would be located within the Brightwater Park grand lawn. The lawn would be kept as a grassy area which would not be expected to incur damage during a flood. • The switch on the irrigation pump would be located at or above an elevation of 820 feet. • The minimum amount of rip-rap would be used while still meeting project objectives. • The Brightwater Park sun shelter will remain open to the elements and may never be enclosed in the future. Any flood-damageable equipment stored in the sun shelter will be elevated to or above elevation 820 feet. • For purposes of shoreline bank stabilization, all portions will be constructed or placed, on average, no more than two feet from the existing shoreline at normal summer pool elevation. • For all electrical services permitted, including the electrical plug, a disconnect must be located at or above elevation 818.1 that is accessible during flooding. • The floor elevation of the fixed courtesy pier will be a minimum of 2.0 feet above the normal summer pool elevation 813.0. • The applicant should contact the local government official(s) to ensure that this facility complies with all applicable local floodplain regulations. • Any excess excavated material not needed to grade Edgewater Road and the parking lot will be disposed of and contained on land lying and being above the 816.7-foot contour. Every precaution will be taken to prevent the reentry of the spoil material into the reservoir. • In the stabilization areas, the only trees that would be removed are those already undermined and actively falling into the adjacent water. No trees greater than 3 inches in diameter at breast height would be removed. • A vegetated buffer zone of at least 50 feet will be retained by TVA and maintained along the shoreline from the summer pool level in order to maintain continuity on the site, and reduce possible impacts to water quality and wetlands. • If the reservoir falls below the elevation of the intake, the applicant will be responsible for finding another source of raw water. • Cultural resource site 40LD29 would be avoided for all construction activities. TVA would place a PO 00000 Frm 00125 Fmt 4703 Sfmt 4703 43449 commitment within the permit that states that in the vicinity of cultural resource site 40LD346, rip-rap would be placed from the beach with no equipment allowed on top of the site and no bank shaping would be done. In addition, TVA would require that an archaeological monitor be present while work is being conducted in that area. David Bowling, Vice President, Land and Resource Management. [FR Doc. 2017–19657 Filed 9–14–17; 8:45 am] BILLING CODE 8120–01–P DEPARTMENT OF TRANSPORTATION Federal Railroad Administration [Docket Number FRA–2010–0073] Portland & Western Railroad’s Request for Positive Train Control Safety Plan Approval and System Certification Federal Railroad Administration (FRA), U.S. Department of Transportation (DOT). ACTION: Notice of availability and request for comments. AGENCY: This document notifies the public that Portland & Western Railroad (PNWR) submitted to FRA its Positive Train Control Safety Plan (PTCSP) (Version 1.5, dated July 21, 2017) for its Westside Express Service and a copy of that PTCSP is available for public review and comment. PNWR asks FRA to approve its PTCSP and issue a Positive Train Control System Certification for PNWR’s Enhanced Automatic Train Control (E–ATC), under the appropriate regulations. DATES: FRA will consider comments received by October 16, 2017, before taking final action on the PTCSP. FRA may consider comments received after that date if practicable. ADDRESSES: All communications concerning this proceeding should identify Docket Number FRA–2010– 0073 and may be submitted by any of the following methods: • Web site: http:// www.regulations.gov. Follow the online instructions for submitting comments. • Fax: 202–493–2251. • Mail: Docket Operations Facility, U.S. Department of Transportation, 1200 New Jersey Avenue SE., W12–140, Washington, DC 20590. • Hand Delivery: 1200 New Jersey Avenue SE., Room W12–140, Washington, DC 20590, between 9 a.m. and 5 p.m., Monday through Friday, except Federal Holidays. SUMMARY: E:\FR\FM\15SEN1.SGM 15SEN1

Agencies

[Federal Register Volume 82, Number 178 (Friday, September 15, 2017)]
[Notices]
[Pages 43448-43449]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-19657]



[[Page 43448]]

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TENNESSEE VALLEY AUTHORITY


Rarity Pointe Commercial Recreation and Residential Development 
on Tellico Reservoir, Loudon and Monroe Counties, Tennessee

AGENCY: Tennessee Valley Authority.

ACTION: Amended Record of Decision.

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

SUMMARY: The Tennessee Valley Authority (TVA) is amending its September 
10, 2003, Record of Decision (ROD) for the Rarity Pointe Commercial 
Recreation and Residential Development on Tellico Reservoir, Loudon and 
Monroe Counties, Tennessee Final Environmental Impact Statement (2003 
Rarity Pointe FEIS). In 2012, WindRiver Management LLC (WindRiver) 
purchased the Rarity Pointe development and requested that TVA consider 
modifications to the original development plan. In July 2017, TVA 
completed a supplemental environmental assessment analyzing the 
potential impacts of the proposed modifications. This amended ROD 
incorporates TVA's decisions relating to the modifications.

FOR FURTHER INFORMATION CONTACT: Amy Henry, NEPA Program and Valley 
Projects, Tennessee Valley Authority, 400 West Summit Hill Drive, 
Knoxville, Tennessee 37902; Telephone: 865-632-4045 or Email: 
abhenry@tva.gov.

SUPPLEMENTARY INFORMATION: This notice is provided in accordance with 
the Council on Environmental Quality's regulations and the TVA 
procedures for implementing the National Environmental Policy Act 
(NEPA). On September 10, 2003, TVA published in the Federal Register 
(68 FR 53421) its Record of Decision (ROD) for the Rarity Pointe 
Commercial Recreation and Residential Development on Tellico Reservoir, 
Loudon and Monroe Counties, Tennessee Final Environmental Impact 
Statement. In the ROD, TVA selected Alternative E of the FEIS, 
approving construction of a marina facility and par 3 golf course, 
changes to land use allocations in the Tellico Reservoir Land 
Management Plan, and acceptance of a transfer of properties for 
recreation and natural resources conservation use.
    In 2012, WindRiver Management LLC (WindRiver) purchased the Rarity 
Pointe development and requested approval under Section 26a of the TVA 
Act to install riprap shoreline stabilization, two irrigation water 
intakes, a stormwater outfall, and a park in replacement of the 
previously planned par 3 golf course. In July 2017, TVA completed the 
Brightwater Park at WindRiver Final Supplemental Environmental 
Assessment (Final SEA) analyzing the potential impacts of the proposed 
actions that modify the original development plan. TVA now amends the 
September 2003 ROD to incorporate the revised proposal. By this notice, 
TVA is providing notification of its decision and agency reasoning.
    To construct Brightwater Park and install rip-rap stabilization at 
locations around the WindRiver development, TVA approval is needed 
within TVA's Section 26a jurisdiction. U.S. Army Corps of Engineers 
(USACE) approval is also needed under Section 10 of the Rivers and 
Harbors Act and Section 404 of the Clean Water Act for the proposed 
stabilization and pier. Section 26a of the TVA Act of 1933, as amended, 
requires that TVA approval be obtained prior to the construction, 
operation, or maintenance of an obstruction affecting navigation, flood 
control, or public lands. Therefore, TVA's action would be to make a 
decision on the Section 26a approval request for the proposed park, 
shoreline stabilization, water intakes and stormwater outfall. The 
USACE and TVA have a Memorandum of Understanding that designates TVA as 
the Lead Federal Agency for conducting environmental reviews under NEPA 
and other applicable federal laws and regulations for proposed work 
that may occur on property which is under TVA custody or control.
    The Final SEA analyzes two alternatives: Alternative A--the No 
Action Alternative, and Alternative B--Section 26a Permit Approval. 
Under Alternative A, TVA would not issue approval under Section 26a. 
The applicant would not be permitted to take any actions on TVA land 
below the 820 foot contour elevation except those previously authorized 
by TVA under the 2003 ROD. Under Alternative B, TVA would issue a 
Section 26a permit approval to install riprap shoreline stabilization, 
a park, two irrigation water intakes, and a stormwater outfall.
    The Final SEA identified Alternative B--Section 26a Permit Approval 
as the preferred alternative. Riprap stabilization under Alternative B 
includes approximately 6,360 linear feet of rip-rap along steeper 
portions of the shoreline of Tellico Reservoir which are actively 
eroding resulting in undermining of banks and loss of riparian 
vegetation. The proposed Brightwater Park includes a gravel and asphalt 
parking area, two fire pits, a retaining wall, an irrigation water 
intake and pump installed under one canoe/kayak floating dock (attached 
to a fixed pier), lighting, electrical service, a community garden, a 
shuffleboard court, two pavilions, a fenced play area, a dog park, a 
picnic shelter, sidewalk and walkways, picnic tables, playground 
structures, and signage. The majority of the park would be located on 
TVA property below the 820 foot contour elevation.

Environmental Consequences

    In the Final SEA, TVA adopted the analysis in the 2003 Rarity 
Pointe FEIS and provided supplemental analysis of the potential impacts 
of both Alternative A and B on aesthetics, recreation, floodplains, 
wetlands, aquatic ecology, terrestrial ecology, water quality, noise, 
and historic and archaeological resources. The potential environmental 
impacts of each alternative are summarized for comparison in Section 
2.2 of the Final SEA.
    The proposed Alternative B would have no additional impact on most 
environmental resources evaluated in the 2003 Rarity Pointe FEIS. There 
would be no impacts to wetlands and historic and archaeological 
resources under Alternative B. Minor and temporary impacts associated 
with Alternative B were identified to aquatic ecology, water quality, 
and noise primarily in association with short-term construction 
activities. These impacts would be similar to the short-term 
construction impacts for those same resources in the 2003 Rarity Pointe 
FEIS. Additionally, TVA has determined that there would be new minor 
impacts to aesthetics, floodplains, and terrestrial ecology as a result 
of the permanent changes resulting from implementation of Alternative B 
beyond those previously evaluated in the 2003 Rarity Pointe FEIS. 
Alternative B would result in minor beneficial impacts to recreation 
due to the increased recreation opportunities in the area.

Environmentally Preferable Alternative

    TVA has concluded that Alternative A, the No Action Alternative, is 
the environmentally preferred alternative, as it would result in fewer 
environmental impacts than Alternative B. The No Action Alternative 
would result in no additional or different environmental impacts beyond 
those previously evaluated in the 2003 Rarity Pointe FEIS. These 
additional impacts would be primarily associated with the installation 
of the riprap stabilization. Although Alternative B would have slightly 
greater impacts than the No Action Alternative, most of those impacts 
would be minor. The predominant adverse impact associated with 
Alternative B would be a minor change in the visual appearance of the 
shoreline from various viewpoints around the reservoir. This change 
would

[[Page 43449]]

be consistent, however, with the shoreline appearance in other 
locations and therefore would not be significant. Alternative B would, 
however, provide some environmental benefits. These benefits include 
reducing shoreline erosion at locations where the riprap stabilization 
measures are placed and completion of Brightwater Park providing 
accessible public land and recreation resources as was originally 
intended with the 2003 decision.

Amended Decision

    TVA has decided to amend the September 2003 ROD to incorporate the 
approval of Alternative B--Section 26a Permit Approval. The rationale 
for approving Alternative B is consistent with the rationale provided 
in the September 2003 ROD. The changes to the original proposal 
described in Alternative B achieves both WindRiver's objectives for 
development of the residential and recreational community and TVA's 
overall goals for providing recreational opportunities in the Tennessee 
Valley. Environmental impacts associated with Alternative B would be 
minor and slightly greater than impacts associated with Alternative A.

Mitigation Measures

    The September 2003 ROD lists mitigation measures associated with 
the 2003 Rarity Pointe FEIS. These mitigation measures remain in effect 
across the development. TVA has identified the following 2003 
mitigation measures to be specifically applicable to the current 
proposed actions related to the stabilization measures and Brightwater 
Park:
     Fully shielded light fixtures or those with internal low-
glare optics (so no light is emitted from the fixture at angles above 
the horizon) will be used in the development. This commitment would 
also apply to the actions at Brightwater Park.
     Any future facilities or equipment subject to flood damage 
will be located at or above elevation of 820 feet.
     Any future development proposed within the limits of the 
100-year floodplain, elevation 816.7 feet MSL, will be consistent with 
the requirements of EO 11988.
     All future development will be consistent with the 
requirements of TVA's Flood Control Storage Loss Guideline.
     WindRiver will continue to mitigate impacts to wetlands 
(W4 and W5) in the vicinity of Brightwater Park by implementing the 
wetland mitigation plan in Appendix C of the 2003 Rarity Pointe FEIS.
    TVA has identified the following new mitigation measures associated 
with the implementation of the Brightwater Park SEA Alternative B--
Section 26a Permit Approval.
     No flood-damageable facilities or equipment would be 
located within the Brightwater Park grand lawn. The lawn would be kept 
as a grassy area which would not be expected to incur damage during a 
flood.
     The switch on the irrigation pump would be located at or 
above an elevation of 820 feet.
     The minimum amount of rip-rap would be used while still 
meeting project objectives.
     The Brightwater Park sun shelter will remain open to the 
elements and may never be enclosed in the future. Any flood-damageable 
equipment stored in the sun shelter will be elevated to or above 
elevation 820 feet.
     For purposes of shoreline bank stabilization, all portions 
will be constructed or placed, on average, no more than two feet from 
the existing shoreline at normal summer pool elevation.
     For all electrical services permitted, including the 
electrical plug, a disconnect must be located at or above elevation 
818.1 that is accessible during flooding.
     The floor elevation of the fixed courtesy pier will be a 
minimum of 2.0 feet above the normal summer pool elevation 813.0.
     The applicant should contact the local government 
official(s) to ensure that this facility complies with all applicable 
local floodplain regulations.
     Any excess excavated material not needed to grade 
Edgewater Road and the parking lot will be disposed of and contained on 
land lying and being above the 816.7-foot contour. Every precaution 
will be taken to prevent the reentry of the spoil material into the 
reservoir.
     In the stabilization areas, the only trees that would be 
removed are those already undermined and actively falling into the 
adjacent water. No trees greater than 3 inches in diameter at breast 
height would be removed.
     A vegetated buffer zone of at least 50 feet will be 
retained by TVA and maintained along the shoreline from the summer pool 
level in order to maintain continuity on the site, and reduce possible 
impacts to water quality and wetlands.
     If the reservoir falls below the elevation of the intake, 
the applicant will be responsible for finding another source of raw 
water.
     Cultural resource site 40LD29 would be avoided for all 
construction activities. TVA would place a commitment within the permit 
that states that in the vicinity of cultural resource site 40LD346, 
rip-rap would be placed from the beach with no equipment allowed on top 
of the site and no bank shaping would be done. In addition, TVA would 
require that an archaeological monitor be present while work is being 
conducted in that area.

David Bowling,
Vice President, Land and Resource Management.
[FR Doc. 2017-19657 Filed 9-14-17; 8:45 am]
 BILLING CODE 8120-01-P