Record of Decision; Proposed Development of a New Federal Correctional Institution and Federal Prison Camp-Letcher County, Kentucky, 85560-85565 [2024-24948]

Agencies

• Department of Justice
• Federal Bureau of Prisons

[Federal Register Volume 89, Number 208 (Monday, October 28, 2024)]
[Notices]
[Pages 85560-85565]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-24948]


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DEPARTMENT OF JUSTICE

Federal Bureau of Prisons


Record of Decision; Proposed Development of a New Federal 
Correctional Institution and Federal Prison Camp--Letcher County, 
Kentucky

I. Introduction

    This Record of Decision (ROD) pursuant to the National 
Environmental Policy Act (NEPA) of 1969, as amended, documents the 
decision regarding the proposal by the United States (U.S.) Department 
of Justice (DOJ), Federal Bureau of Prisons (FBOP) to acquire 
properties totaling approximately 500 acres in area in order to 
construct and operate a new Federal Correctional Institution (FCI) and 
Federal Prison Camp (FPC) in Letcher County, Kentucky. The ROD 
describes the alternatives considered and the rationale for selecting 
the chosen alternative.
    The purpose of this ROD is to publish the Agency's decision with 
respect to the environmental review process. The decision is based on 
information and analysis contained in the Draft Environmental Impact 
Statement (DEIS) issued March 1, 2024, and the Final EIS (FEIS) issued 
July 12, 2024, together with various technical studies, other EISs 
conducted since 2015, and comments and input received from federal and 
state agencies, elected officials, organizations, and individuals.

II. Background

    The mission of the FBOP is for corrections professionals to foster 
a humane and secure environment and ensure public safety by preparing 
individuals for successful re-entry into society. Congress, in 2006, 
directed the FBOP to initiate investigations leading to development of 
a new federal correctional facility in Letcher County, Kentucky (see 
H.R. Rep. No. 109-272 that accompanies Pub. L. 109-108). In response, 
the FBOP has conducted a wide range of technical investigations and 
feasibility studies to comply with Congress' directive including 
publication of a DEIS (2015), FEIS (2015), Revised FEIS (2016), Draft 
Supplemental Revised FEIS (2017), Final Supplemental Revised FEIS 
(2017) and Record of Decision (2018) with each prepared in support of 
development of a new high-security United States Penitentiary (USP) and 
FPC in Letcher County.
    In July 2019, the Acting FBOP Director Hugh J. Hurwitz withdrew the 
2018 ROD based on new cost and Adults in Custody (AIC) population trend 
information that came to light, which may have been relevant to the 
environmental analysis for the Proposed Action. The FBOP has 
continuously evaluated its current and projected future AIC populations 
and determined that the need to house medium-security AIC in the Mid-
Atlantic Region supersedes the need to house high-security AIC. Since 
the design, construction, and operation of a high-security USP differs 
from a medium-security FCI, the potential environmental impacts of its 
development and operation would also be different. As a result of the 
2018 ROD being withdrawn, the FBOP undertook new evaluations and 
analyses in accordance with current Council on Environmental Quality 
and NEPA guidelines, DOJ procedures for implementing NEPA, and other 
federal regulations as part of preparation of a new DEIS. The FBOP 
published a DEIS on March 1, 2024, and a FEIS on July 12, 2024, to 
develop a new FCI in Letcher County, Kentucky to meet its immediate and 
long-term needs.

III. Purpose and Need for the Project

    The purpose and need for developing the proposed FCI and FPC was 
determined by the growing number of aged and obsolete federal 
correctional facilities, which are no longer cost-effective or 
sustainable to operate and maintain. The FBOP is responsible for all 
aspects of facility and infrastructure operations, maintenance, 
repairs, and renovations including interior and exterior finishes; 
roofs and structural systems; perimeter fences and other security 
measures; mechanical, electrical, plumbing, lighting, and utility 
systems; communication equipment, and fire protection and life safety 
systems. The condition of facilities, infrastructure, and equipment is 
critical to effective correctional

[[Page 85561]]

facility operation and security. This is the case with the federal 
prison system where facilities and infrastructure are in continuous use 
and require frequent maintenance ranging from routine inspections and 
repairs to large-scale upgrades, renovations, and replacements. Of the 
FBOP's many institutions, 62 were developed between 1890 and 1991, 55 
institutions were developed between 1992 and 2007, and five were 
developed since 2008.
    The FBOP proposes to acquire approximately 500 acres in Letcher 
County to construct and operate a modern new FCI, FPC, and ancillary 
facilities to meet the need to house medium- and minimum-security AIC 
in the Mid-Atlantic Region. Ancillary facilities would include a 
central utility plant, garage/landscape building, outside warehouse, 
staff training building and outdoor firing range, water storage tank, 
access drive, and internal roadways and parking lots. The proposed FCI 
would be designed to house 1,152 medium-security AIC with the FPC 
designed to house 256 minimum-security AIC for a total population of 
1,408 AIC.

IV. Alternatives Considered

A. No Action Alternative

    The No Action Alternative is defined as a decision by the FBOP not 
to proceed with the Proposed Action, thereby precluding development of 
a new FCI/FPC to house a portion of the federal AIC population in the 
Mid-Atlantic Region and maintaining the status quo.
    Adopting the No Action Alternative would avoid the potential short-
term, temporary impacts associated with FCI/FPC construction, among 
them increased noise levels, fugitive dust emissions, soil erosion, 
fuel consumption with the associated air emissions, and traffic 
volumes. Adopting the No Action Alternative would also avoid the 
potential permanent impacts to land use, biological resources, utility 
services, visual and aesthetic resources, and traffic volumes 
associated with FCI/FPC construction and operation. Implementation of 
the No Action Alternative, however, would result in the loss of 
positive benefits including contributing to achieving the mandates of 
Congress; the need for modern, secure, efficient and cost-effective 
institutions; the societal benefits derived from efficient operation of 
the federal criminal justice system; and the economic and employment 
opportunities which would become available as a result of FCI/FPC 
development.
    The FBOP has a need for modern and secure correctional facilities 
and infrastructure nationwide. With increasing numbers of federal 
correctional facilities becoming outdated, physically and operationally 
obsolete, and costly to operate and maintain, the FBOP is required to 
continuously improve the system's infrastructure through repair and 
renovation of existing facilities when possible and construction of new 
institutions when necessary. The No Action Alternative does not meet 
the purpose and need for the Proposed Action and has been eliminated 
from consideration.

B. Letcher County Alternatives

    In 2006, Congress directed the FBOP to initiate various 
investigations for development of a new federal correctional 
institution in Letcher County, Kentucky. In conformance with that 
directive, the FBOP has focused its attention and resources upon the 
339-square-mile area comprising Letcher County at the exclusion of 
other areas of the Mid-Atlantic Region and the U.S. as a whole.
    Planning for a new federal correctional facility began in earnest 
in 2008. At that time, FBOP officials began familiarizing themselves 
with Letcher County by gathering technical information and engaging 
elected officials, federal, state and local governmental agencies, 
members of the business community, leaders of educational and health 
care institutions, utility providers, and others knowledgeable of local 
conditions affecting development. With assistance from community 
members, the process of identifying prospective sites began with a 
focus on physical conditions and characteristics influencing 
development in Letcher County along with the availability of public 
services and infrastructure. Candidate sites were identified on the 
basis of initial development requirements:
     Sufficient land area to accommodate the institution and a 
buffer zone between the facility and neighboring properties.
     Relatively level building sites or properties that could 
be altered to accommodate development.
     Ability to avoid sensitive environmental resources 
including floodplains, wetlands, threatened and endangered species 
habitats, and cultural and historic resources.
     Avoidance of potential conflicts with adjoining or nearby 
land uses.
     Availability of utility and transportation infrastructure.
     Willingness of owners to consider a sale of their 
property.
    Sites that satisfied these initial requirements were evaluated 
further by applying increasingly rigorous criteria to ensure that all 
issues or potential issues are adequately addressed. Sites that appear 
suitable on the basis of the initial evaluations were subjected to in-
depth analysis and documented in the form of EISs and other technical 
studies.
1. Identification of Alternative Sites
    After the FBOP's site requirements were shared with Letcher County 
representatives, four candidate sites--Meadow Branch, Payne Gap, 
Roxana, and Van/Fields sites, were made available for evaluation for 
possible acquisition and development. All four sites are located in 
proximity of the City of Whitesburg (Letcher County seat).
    The FBOP conducted a Site Reconnaissance Study (2008) to determine 
the suitability of each for development. Based on the results of the 
Site Reconnaissance Study, the FBOP determined that the four sites 
should be studied further in the form of a Feasibility Study. Completed 
in 2011, the Feasibility Study assessed cultural resources, wetlands, 
geologic conditions, and infrastructure availability and provided in-
depth analyses of each site while identifying constraints that could 
eliminate a site from further consideration.
    While conducting the Feasibility Study, the offer to consider the 
Meadow Branch site was withdrawn and the site was dropped from 
consideration. For the remaining sites, various technical studies were 
conducted. However, as the Feasibility Study neared completion, the 
Van/Fields site owners were no longer interested in selling the 
property, necessitating its removal from consideration. The remaining 
two sites, Payne Gap and Roxana, were considered viable alternatives 
and were the subject of a DEIS published in February 2015 and 
subsequent EISs published between July 2015 and September 2017.
2. Search for Other Alternative Sites
    During the development of the current EIS the FBOP conducted 
another search in Letcher County for sites that would be suitable for 
development based on the siting criteria. The site search, undertaken 
from June to November 2022, revealed small pockets of relatively level 
topography scattered throughout the county. Many of these locations 
comprise previous surface mines, which were reclaimed after the mineral 
deposits were extracted and are

[[Page 85562]]

being redeveloped for housing and small-scale warehouse and light 
industrial uses as well as golf courses and other recreational uses. In 
addition to areas where the surface extraction of coal took place, 
large tracts of land in Letcher County were subjected to underground 
coal mining, which depending upon the depth of the mines and mining 
methods, rendered such lands equal to or less suitable than the Roxana 
and Payne Gap sites.
    Many of the sites reviewed in 2022 were located within lower 
elevations and adjoining or near streams and rivers that are 
susceptible to flooding during severe weather events. No properties 
examined in 2022 were found sufficiently level and unencumbered to 
accommodate the proposed development without significant topographic 
alterations and the associated environmental impacts.
    In addition to a site's physical characteristics, the interest and 
cooperation of property owners is another key factor in determining a 
site's potential for FBOP use. During the initial planning phase, the 
FBOP seeks out owners willing to negotiate a sale of their holdings 
thereby avoiding other methods of property acquisition. In 2022, 
inquiries and outreach were made to several property owners to 
ascertain their willingness to discuss their land holdings; however, 
none of the property owners approached showed any interest in 
participating in such a discussion. As a result, the effort to identify 
other alternative locations in Letcher County for development of the 
proposed project ended in favor of continuing to consider the Payne Gap 
and Roxana sites as alternatives.
3. Alternative Location, Payne Gap Site
    This alternative involves acquisition of approximately 753 acres 
known as the Payne Gap Site and located 11 miles east of Whitesburg. 
The site is situated on a steeply sloping upland landform above the 
Kentucky River at its confluence with the Laurel Fork. U.S. Route 119 
is located along the north end of the site and would be the means of 
vehicular access. The site is covered by secondary growth forests and 
portions of the original topography have been altered by past mining 
activities with spoil piles, unpaved roads, and fill piles covering the 
site. Mining permit applications indicate both surface and underground 
mining operations dating to the 1950s have occurred within the site. 
Summer roosting habitat and winter hibernaculum for the endangered 
northern long eared bat have also been identified at the Payne Gap 
Site.
    To accommodate development approximately 300 acres of the Payne Gap 
Site would require extensive rock and spoil excavation and fill 
material to level and prepare the site for development. While site 
preparation would require the removal of mine spoil, there are no 
slurry ponds or coal mine waste facilities located on or near the Payne 
Gap Site and no active mining is occurring on site.
4. Alternative Location, Roxanna Site
    This alternative involves acquisition of approximately 500 acres 
known as the Roxana Site and located 10 miles west of Whitesburg. Much 
of the site consists of relatively steep terrain with similarly steep 
terrain extending beyond the site boundaries to the north and south. 
However, portions of the original topography have been altered by past 
mining activities rendering the central portion of the site relatively 
level. The site is also covered by secondary growth forests which have 
occurred since surface mining ended. Mining permit applications 
indicate mining operations dating to the 1960s have occurred within the 
site.
    To accommodate development, approximately 200 acres of the site 
would require extensive excavation of spoil material and lesser amounts 
of structural fill and spoil fill. Preparation of the site for 
construction activities would also require dynamic compaction, clearing 
and alteration of previously mined areas, and forest clearing. 
Excavations would include the removal of mine spoil. No slurry ponds or 
coal mine waste facilities are located on or within two miles of the 
Roxana Site and no active mining is occurring on site.

C. Preferred Alternative

    Development of the proposed medium-security FCI and minimum-
security FPC at the Roxana Site is considered the Preferred Alternative 
as it best meets the project needs and, on balance, would have fewer 
impacts to the human environment. Threatened and endangered species 
habitat was also a factor in the identification of the Preferred 
Alternative with development at the Payne Gap Site potentially 
impacting a significant amount of summer roosting habitat versus the 
amount that would be affected at the Roxana Site. Development at the 
Payne Gap Site would also have significant impacts to wastewater and 
natural gas infrastructure, while the Roxana Site would have less than 
significant impacts to utility infrastructure.
    Based upon these and other potential environmental impacts 
applicable to each site, including wetlands and stream impacts and 
significantly greater site preparation required for the Payne Gap Site, 
development of the proposed project at the Roxana Site has been 
determined by the FBOP to be the Preferred Alternative. The Preferred 
Alternative meets the project objectives, is technically feasible, 
would have fewer natural resource and other environmental impacts, and 
incorporates measures to avoid or minimize environmental impacts to the 
extent practicable. Reinforcing the Roxana Site as the Preferred 
Alternative is the preference expressed by Letcher County's elected 
representatives, community leaders, members of local institutions and 
businesses to developing the proposed correctional facility at the 
Roxana Site.

V. Avoidance, Minimization, and Mitigation Measures

    Based on the findings represented by the DEIS and FEIS (2024), the 
FBOP shall implement the avoidance, minimization, and mitigation 
measures described below to lessen the potential adverse environmental 
impacts associated with the Preferred Alternative. With regards to 
socioeconomic considerations, southeastern Kentucky in general, and 
Letcher County in particular, has experienced steady declines in 
population, commercial activity, and other social and economic indices. 
Expanded employment and economic opportunities arising from FCI/FPC 
development are considered beneficial to achieving the social and 
economic goals of Letcher County and the surrounding region. The 
Preferred Alternative is also not expected to result in adverse impacts 
to Environmental Justice populations, therefore, mitigation measures 
for social, economic, and Environmental Justice are not warranted.

1. Topography, Geology, Soils, and Hydrology

    (a) Earthwork and related ground disturbance shall be minimized by 
developing the FCI/FPC in a compact, campus-style arrangement thereby 
limiting the area subject to disturbance.
    (b) To the degree feasible, site preparation activities would only 
disturb areas necessary for the current phase of construction.
    (c) Engineering studies of surface and subsurface conditions shall 
be conducted to ensure appropriate standards and sound building 
practices are specified prior to construction. Risks associated with 
seismic activity and measures to minimize such risks shall

[[Page 85563]]

be addressed during design and construction.
    (d) A Soil Erosion and Sediment Control Plan (E&S Control Plan) 
shall be prepared describing measures for controlling erosion and 
sedimentation during construction. Attention would be directed toward 
erosion potential and other engineering characteristics of rocks, spoil 
material, and soils to be encountered during construction. The E&S 
Control Plan shall be submitted to the Kentucky Department of 
Environmental Protection, Division of Water for approval prior to 
implementation.
    (e) During construction, erosion control measures would be 
inspected and replaced or repaired as required. Erosion control 
measures to be maintained following construction shall include lawns 
and landscaping, discharge pipe aprons, pipe outlet channels, and 
similar controls.
    (f) To ensure safe and secure operation of the FCI/FPC during a 
severe weather event, the FBOP shall prepare an Adverse Weather Plan 
and Institution Evacuation Plan that will, among other things, define 
the food and other provisions, emergency equipment, fuel, and similar 
necessities to be stockpiled on-site at all times to maintain 
uninterrupted operation and safeguard AICs and FBOP employees who would 
remain at their posts for the duration of the severe weather event and 
its aftermath.

2. Water Resources

    (a) A Clean Water Act, Section 404 permit application shall be 
prepared to document potential impacts and mitigation measures for 
review and approval by the U.S. Army Corps of Engineers. It is 
anticipated that mitigation shall consist of payment into the in-lieu 
fee mitigation program managed by the Kentucky Department of Fish and 
Wildlife Resources.
    (b) A Stormwater Pollution Prevention Plan (SWPPP) shall be 
prepared addressing temporary and permanent surface water and 
stormwater management controls. The SWPPP shall be submitted to the 
Kentucky Department of Environmental Protection, Division of Water for 
review and approval prior to implementation.
    (c) In accordance with the SWPPP, stormwater collection 
infrastructure shall be installed to control runoff by directing 
stormwaters into basins to attenuate the intensity of the flow and to 
allow suspended solids in the stormwater to settle out prior to 
discharge to receiving streams.
    (d) A Groundwater Protection Plan shall be prepared describing 
temporary and permanent groundwater protection measures and submitted 
to the Kentucky Department of Environmental Protection, Watershed 
Management Branch, Groundwater Section for review and approval prior to 
implementation.

3. Biological Resources

    (a) Impacts to common vegetation and wildlife during construction 
shall be minimized by limiting the area of disturbance to the extent 
possible. Upon completion of construction, disturbed areas would be re-
vegetated with native plant species.
    (b) Under the Conservation Memoranda of Agreement with U.S. Fish 
and Wildlife Service, the FBOP shall contribute to the Imperiled Bat 
Conservation Fund as compensatory mitigation for potential adverse 
effects on special status bat species.
    (c) FBOP shall review, revise and update as necessary, and resubmit 
its Biological Assessment to reinitiate formal consultations with the 
U.S. Department of the Interior, Fish and Wildlife Service (USFWS) 
under Section 7 of the Endangered Species Act. FBOP shall ensure that 
the FCI/FPC project is implemented as documented in the updated 
Biological Assessment and subsequent updated Biological Opinion (BO) to 
be issued by USFWS.
    (d) Conservation measures documented in the Biological Assessment 
shall be incorporated in project design and construction including: 
avoiding tree removal during June and July and blasting from November 
15 through March 31; conduct construction activities from April 15 
through October 31 in suitable Indiana bat and/or northern long-eared 
bat habitat during daylight hours; require vehicles and equipment to be 
inspected to remove visible plant and seed material prior to entering 
the project area; and fence off potential bat hibernacula and install 
warning signs around the area to prevent disturbance.

4. Cultural Resources

    (a) A minimum 100-foot buffer from all development shall be 
maintained around the Frazier Cemetery (Kentucky Historical Society, 
Site 15Lr115).
    (b) If improvements are necessary to KY 160 and/or KY 588 which 
result in Adverse Effects on National Register-eligible resources, 
consultations shall be undertaken with the Kentucky State Historic 
Preservation Office, Native American Tribes, the Advisory Council on 
Historic Preservation, and other appropriate organizations. Based on 
the potential impacts and results of the consultations, measures to 
mitigate for Adverse Effects shall be determined, agreed upon, and 
implemented as appropriate.

5. Hazardous Materials

    (a) Locations of petroleum extraction-related releases at the 
compressor station, the damaged aboveground storage tank (AST), and the 
AST open drain valve shall be tested to identify contaminated soils 
with necessary remediation conducted in compliance with applicable 
regulations of the Kentucky Department of Environmental Protection, 
Hazardous Waste Branch.
    (b) Contaminated soils shall be disposed of only at permitted 
disposal facilities.
    (c) Remediation reports and records shall be submitted to the 
Kentucky Department of Environmental Protection, Hazardous Waste Branch 
in accordance with applicable regulations.
    (d) Construction materials considered hazardous shall be stored and 
handled in accordance with applicable environmental, public safety, and 
occupational health regulations to prevent polluting soil, surface 
waters, or groundwater. Storage of hazardous materials shall be 
minimized or avoided where practicable.
    (e) Staging areas shall be established prior to construction for 
the temporary storage and handling of hazardous materials. Liquid 
storage areas shall be provided with secondary containment systems. 
Stored materials shall be removed from designated areas by authorized 
personnel only and recorded by personnel overseeing construction.
    (f) FCI/FPC operation shall adhere to applicable regulations 
governing the handling, storage, and disposal of hazardous wastes.
    (g) Biohazardous medical wastes shall be stored, collected and 
disposed of in accordance with institution policies and procedures and 
applicable regulations.

6. Visual and Aesthetic Resources

    (a) Development shall be directed towards the central portion of 
the site in a compact, campus-style arrangement that limits visual and 
physical presence from neighboring properties while allowing for the 
majority of the site's forests, understory, and topography to remain 
undisturbed.
    (b) Design features that are sensitive to the site's visual 
environment shall be employed including developing structures that are 
primarily one and two stories in height and unobtrusive to the degree 
possible.
    (c) Buffer areas consisting of forest stands and other vegetation 
shall be maintained between the facility and its security perimeter and 
neighboring

[[Page 85564]]

properties to maintain visual compatibility.
    (d) Outdoor lighting shall comply with FBOP Technical Design 
Guidelines (Section 26 25 00--Exterior Lighting) including NFPA 70--
National Electric Code; NFPA 101--Life Safety Code; IESNA--Lighting 
Handbook, Reference, and Application; the American Correctional 
Association; and the Buy American Act.
    (e) Measures to limit unwanted light shall be specified, including 
use of full cutoff luminaries for security, parking lot, roadway, and 
pathway lighting resulting in maximum downlighting and minimal upward 
dispersal of light to the sky.
    (f) Low-reflective surface materials shall be specified where 
practical to minimize upward reflection of light.
    (g) Access drive location and design shall be given careful 
attention including placement of directional signage and lighting 
fixtures leading to the FCI/FPC.
    (h) Design, construction, and maintenance of all facilities and 
infrastructure shall adhere to a high standard.

7. Community Facilities and Services

    (a) Construction and operating policies and procedures shall be 
communicated to and coordinated with the Letcher County Sheriff's 
Office, the Kentucky State Police, and local police departments and 
fire protection companies operating in Letcher County.
    (b) Agreements shall be established with local emergency ambulance 
services in cases requiring an employee or AIC to be transported to an 
area medical facility.
    (c) Agreements shall be established with area medical facility(s) 
for emergency care in cases involving employees and AIC.

8. Land Use

    (a) Setbacks and buffer areas shall be established to achieve land 
use compatibility between the facility and neighboring properties.
    (b) The distance and mountainous conditions separating Lilley 
Cornett Woods from the project site and the large undeveloped acreage 
surrounding the FCI/FPC shall ensure adverse land use impacts to Lilley 
Cornett Woods are avoided.

9. Utilities

    (a) Development of the on-site water storage tank and distribution 
system shall follow applicable regulations with plans submitted to the 
Kentucky Department of Environmental Protection, Division of Water for 
review and approval prior to construction.
    (b) Development of the on-site wastewater collection system shall 
follow applicable regulations with plans submitted to the Kentucky 
Department of Environmental Protection, Division of Water for review 
and approval prior to construction.
    (c) Extension of electric power shall follow applicable regulations 
while avoiding service disruptions and maintaining effective worker 
safety practices and procedures.
    (d) Permanent closure, abandonment, and/or relocation of on-site 
oil/natural gas wells and associated infrastructure shall comply with 
applicable regulations of the Kentucky Department of Natural Resources, 
Division of Oil and Gas.
    (e) Construction wastes shall be stored on-site and transported to 
facilities permitted to accept such wastes for recycling or disposal.
    (f) Solid wastes generated during FCI/FPC operation shall be stored 
in enclosed dumpsters or roll off containers in accordance with 
institution policies and procedures until collected and transported for 
recycling or final disposal.

10. Transportation

    (a) A Traffic Safety and Maintenance Plan shall be developed prior 
to construction. The plan shall identify optimum vehicle routing during 
construction including permissible traffic movements along KY 588 and 
KY 160, vehicle height and weight limitations, and the need for 
temporary detours or lane closures to avoid damaging roadways.
    (b) Construction schedules and activities shall be communicated and 
coordinated with the appropriate Commonwealth of Kentucky and Letcher 
County law enforcement and transportation agencies so traffic safety is 
maintained and any disruptions to normal traffic operations are 
minimized.

11. Air Quality

    (a) Best management practices shall be implemented during 
construction including covering and/or periodically wetting exposed 
soil, material stockpiles, and other unpaved surfaces; providing dust 
control measures during weekends, after hours, and prior to daily 
start-up of construction activities; operating equipment in accordance 
with manufacturer's specifications; and limiting unnecessary idling of 
diesel-powered engines among other measures.
    (b) Design and construction shall follow applicable regulations 
with permit(s) obtained from the Kentucky Department for Environmental 
Protection, Division for Air Quality for air emission sources.
    (c) Electric charging stations shall be provided for dedicated on-
site government vehicles with additional infrastructure installed for 
future charging stations for employee and visitor electric powered 
vehicles.
    (d) Design and construction of facilities shall apply the 
appropriate codes and incorporate features to minimize the potential 
for radon to accumulate in concentrations exceeding U.S. Environmental 
Protection Agency action levels.

12. Noise

    (a) Construction activities shall be confined to normal working 
hours to the extent feasible.
    (b) Construction equipment shall be equipped with appropriate noise 
attenuation devices and be maintained and operated in accordance with 
manufacturers specifications.
    (c) Material and equipment staging areas and haul routes would be 
placed away from property boundaries to minimize potential for off-site 
noise impacts.

13. Climate

    (a) FBOP shall pursue the sustainable green building certification 
program Leadership in Energy and Environmental Design including use of 
low volatile organic compound (VOC) materials, elimination of ozone 
depleting gases, and other conservation measures.
    (b) FBOP shall consider Executive Order 13693, Planning for Federal 
Sustainability in the Next Decade, Executive Order 14057, Catalyzing 
Clean Energy Industries and Jobs Through Federal Sustainability, 
Council on Environmental Quality's Final NEPA Guidance on Consideration 
of the Effects of Climate Change and Greenhouse Gas Emissions and other 
applicable executive orders and regulations during FCI/FPC design and 
construction.

VI. Decision

    Based on consultations with federal, Commonwealth of Kentucky, and 
local regulatory agencies; consideration of potential environmental 
consequences; current operational, security, and management needs for 
the Mid-Atlantic Region; public comments on the 2024 DEIS and FEIS; and 
having been apprised of the material and information contained in 
previous technical studies, the FBOP has decided to select development 
of a new FCI and FPC at the Roxana Site in Letcher County as the

[[Page 85565]]

Preferred Alternative as summarized above and described in detail 
within the 2024 FEIS. Development of the proposed project at the Roxana 
Site in Letcher County is contingent on the availability of funding 
sufficient to proceed.

VII. Rationale

    The FBOP's decision is based on the following:
    The condition of facilities, infrastructure, and equipment is 
critical to effective correctional facility operation and security. As 
a result of their continuous use, facilities, infrastructure, and 
equipment require frequent maintenance and repairs, large-scale 
upgrades and renovations, and in select cases, complete replacement. 
With over 50 percent of all federal correctional facilities developed 
prior to 1991, and many facing a substantial backlog of Modernization 
and Repair (M&R) work, the challenge confronting the FBOP to continue 
achieving its mission with aging and obsolete institutions is 
formidable.
    Coinciding with the need for modern facilities and infrastructure, 
Congress directed the FBOP to conduct investigations leading to 
development of a new federal correctional facility in Letcher County, 
Kentucky. The decision to develop a new FCI and FPC at the Roxana Site 
in Letcher County is based on the many detailed investigations 
conducted by the FBOP and demonstrates compliance with Congress' 
directive while best meeting the FBOP's goals and objectives. Because 
implementation of this alternative would have fewer adverse impacts on 
the human and natural environments, the FBOP considers it to be the 
Preferred Alternative.
    Construction of the proposed FCI/FPC at the Roxana Site will result 
in short-term, temporary impacts including increased noise levels, 
fugitive dust emissions, soil erosion, traffic volumes, and fuel 
consumption with the associated air emissions. Permanent and 
significant impacts to topography, geology and soils would also occur 
from construction with permanent and less than significant impacts 
anticipated to land use, community facilities and services, 
transportation and traffic, visual and aesthetic resources, air 
quality, cultural resources, noise, utility services, water resources, 
biological resources, and hazardous materials, as defined by NEPA.
    While construction and operation of the proposed FCI/FPC at the 
Roxana Site will cause unavoidable impacts, activities involving 
construction and operation shall comply with applicable federal 
statutes, implementing regulations, Executive Orders, and other 
consultation, review, and permit requirements. Unavoidable adverse 
impacts to natural and manmade resources will be controlled, reduced, 
or eliminated by the avoidance, minimization, and mitigation measures 
identified in Section V (Avoidance, Minimization, and Mitigation 
Measures) of this ROD.
    The FBOP will implement a Monitoring and Enforcement Program (MEP) 
to ensure that the proposed avoidance, minimization, and mitigation 
measures documented within this ROD are implemented. The MEP will 
identify the timing, responsibility, and method of implementation of 
the proposed measures, as well as any required monitoring and 
enforcement activities. As part of the program, each project contractor 
will be required to implement the mitigation measures arising from its 
project activities with the FBOP or its authorized agencies overseeing, 
inspecting and monitoring the measures to ensure compliance. The FBOP 
will be responsible for any mitigation measures required as part of 
FCI/FPC operation. The FBOP will maintain the MEP throughout project 
implementation and will include the MEP in the project administrative 
record. Any on-going obligations will be the responsibility of the 
FBOP.
    Development of the proposed FCI/FPC at the Roxana Site will result 
in beneficial impacts by adding a modern new correctional facility to 
the federal prison system. In doing so, the local and regional 
economies will benefit from the addition of 325 permanent workers and 
new annual wages and salaries of $43 million along with $14 million in 
annual expenditures for supplies, equipment, utilities, and other goods 
and services necessary for operation. The estimated $57 million annual 
operating budget is also expected to indirectly support additional 
private sector employment in Letcher County and throughout southeastern 
Kentucky. The region has experienced declining populations and slow or 
no economic growth which makes development of the proposed FCI/FPC 
attractive and consistent with the socioeconomic goals and objectives 
expressed by Letcher County leaders and representatives.
    The FBOP will rely upon the Letcher County Water and Sewer District 
for the provision of water supply and wastewater treatment services 
along with other providers for electric power, natural gas, 
telecommunications, and solid waste collection services. Positive 
economic benefits will also accrue to those utility providers from 
suppling such services. The necessity for utility service upgrades, 
extensions and related improvements will be communicated and 
coordinated with all appropriate agencies.
    Prior to making this decision, the FBOP carefully considered 
comments received following the publication of the 2024 DEIS and FEIS. 
The comments and responses thereto are hereby acknowledged and measures 
to avoid, minimize, and mitigate potential adverse impacts are 
documented within Section V of this ROD. The FBOP has also carefully 
considered potential environmental justice impacts of the Proposed 
Action as discussed in the 2024 FEIS, together with comments concerning 
environmental justice submitted during the DEIS and FEIS process. As 
documented in the 2024 FEIS, the FBOP has determined that the Proposed 
Action will not result in either a disparate or significantly adverse 
impact to low-income or minority populations to which Executive Order 
12898 is applicable.

VIII. Conclusion

    After consulting with FBOP staff and being appraised of material in 
the 2024 DEIS and FEIS and visiting Letcher County in August 2024, it 
is the decision of the undersigned that the FBOP select the Roxana Site 
for land acquisition and the development of a FCI and FPC in Letcher 
County.

Colette S. Peters,
Director, Federal Bureau of Prisons.
[FR Doc. 2024-24948 Filed 10-25-24; 8:45 am]
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