Notice2022-20795
Notice of Intent To Prepare a Draft Environmental Impact Statement for the Proposed Federal Correctional Institution and Federal Prison Camp in Letcher County, Kentucky
Primary source
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Published
September 28, 2022
Issuing agencies
Justice DepartmentPrisons Bureau
Abstract
Pursuant to the National Environmental Policy Act (NEPA) of 1969, as implemented by the Council on Environmental Quality and Federal Bureau of Prisons (Bureau) regulations, the Bureau announces its intent to prepare a Draft Environmental Impact Statement (DEIS) for the "Proposed Federal Correctional Institution and Federal Prison Camp Letcher County, Kentucky."
Full Text
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<title>Federal Register, Volume 87 Issue 187 (Wednesday, September 28, 2022)</title>
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[Federal Register Volume 87, Number 187 (Wednesday, September 28, 2022)]
[Notices]
[Pages 58822-58824]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-20795]
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DEPARTMENT OF JUSTICE
Federal Bureau of Prisons
Notice of Intent To Prepare a Draft Environmental Impact
Statement for the Proposed Federal Correctional Institution and Federal
Prison Camp in Letcher County, Kentucky
AGENCY: Federal Bureau of Prisons, U.S. Department of Justice.
ACTION: Notice of intent to prepare a Draft Environmental Impact
Statement for the Proposed Federal Correctional Institution and Federal
Prison Camp in Letcher County, Kentucky.
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SUMMARY: Pursuant to the National Environmental Policy Act (NEPA) of
1969, as implemented by the Council on Environmental Quality and
Federal Bureau of Prisons (Bureau) regulations, the Bureau announces
its intent to prepare a Draft Environmental Impact Statement (DEIS) for
the ``Proposed Federal Correctional Institution and Federal Prison Camp
Letcher County, Kentucky.''
SUPPLEMENTARY INFORMATION:
Background
The Bureau's mission is to protect society by confining offenders
in the controlled environments of prisons and community-based
facilities that are safe, humane, cost-efficient, appropriately secure,
and provide work and other self-improvement opportunities to assist
offenders in becoming law-abiding citizens. A growing challenge to
successfully performing that mission is the increasing number of
federal correctional facilities and supporting infrastructure that were
constructed over 50 years ago (the approximate design life of such
facilities), resulting in a continuous need to maintain existing
facilities, and when necessary, develop new facilities and
infrastructure.
To address the need for modern, efficient, and cost-effective
institutions, the Bureau is proposing to construct and operate a new
medium-security Federal Correctional Institution (FCI) and an adjoining
minimum-security Federal Prison Camp (FPC) in Letcher County, Kentucky.
The FCI and FPC would be designed to house approximately 1,152 adult
males and 256 adult males, respectively, and serve the needs of the
Bureau's Mid-Atlantic Region.
Compliance With the National Environmental Policy Act
Development and operation of a new FCI and FPC is considered to be
an action potentially significantly affecting the quality of the human
environment. Therefore, the Bureau must comply with NEPA to ensure that
the environmental consequences of such a federal action are adequately
considered. This DEIS will be prepared to ensure that the potential
environmental impacts associated with the proposed action are
thoroughly documented and that compliance is achieved with NEPA as well
as with other environmental statutes including but not limited to: the
Coastal Zone Management Act of 1972; the Clean Air Act of 1974; the
Clean Water Act and Amendments, the Endangered Species Act of 1973
(ESA); the National Historic Preservation Act (NHPA) of 1966; and the
Farmland Protection Policy Act (FPPA), among other laws, regulations
and Executive Orders.
Preparation of environmental documentation and its consideration by
federal, state, and local officials, regulatory agencies, stakeholders,
and the public will be carried out to demonstrate that the Bureau
understands and fully considers the potential environmental impacts
associated with the proposed action. This includes consideration to the
potential impacts associated with correctional institution construction
and operation and attainment of the project's objectives.
In 2006, Congress authorized and directed the Bureau to initiate
various investigations for development of a new federal correctional
facility in Letcher County. In accordance with Congress' directive, the
Bureau conducted a wide range of technical investigations and studies
and published multiple EISs in conformance with NEPA as summarized
below.
[[Page 58823]]
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Date Title Description
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2006................................. Congressional Bureau directed to undertake planning for a new
authorization. high-security United States Penitentiary (USP)
in Letcher County, Kentucky.
July 2013............................ Notice of Intent to Published notice of the Bureau's intent to
Prepare a Draft prepare a DEIS for development of a USP and FPC
Environmental Impact on properties located in Letcher County,
Statement. Kentucky. The proposed sites subjected to study
consisted of non-Bureau properties located near
the City of Whitesburg.
August 2013.......................... Public Scoping Meeting Held a public scoping meeting to inform the
Held. public about the proposed project and to
explain NEPA and the associated environmental
impact analysis.
February 2015........................ Draft Environmental Evaluated potential impacts to the natural and
Impact Statement. man-made environments resulting from
development and operation of a proposed USP and
FPC at two alternative sites in Letcher County:
Alternative 1--Payne Gap Site and Alternative
2--Roxana Site.
March 2015........................... DEIS Public Meeting Held a public meeting to seek public input and
Held. comments concerning the proposed project and
DEIS analysis.
July 2015............................ Final Environmental Evaluated potential impacts to the natural and
Impact Statement. man-made environments resulting from
development and operation of a proposed USP and
FPC at two alternative sites in Letcher County:
Alternative 1--Payne Gap Site and Alternative
2--Roxana Site. Identified the Roxana Site as
the preferred alternative for development and
operation of new facilities as best meeting the
project goals and objectives and, on balance,
would have fewer impacts to the environment.
The FEIS included updated information contained
in DEIS and responded to public comments
received concerning the DEIS.
March 2016........................... Revised Final Superseded the FEIS published in July 2015,
Environmental Impact which was withdrawn after consideration of
Statement. comments received following its publication and
to address inconsistencies in the FEIS.
November 2016........................ Notice of Intent to Provided notice of the Bureau's intent to
Prepare a Supplemental prepare a Supplement to the Revised FEIS for
Revised Final the proposed USP and FPC in Letcher County.
Environmental Impact Preparation of the Supplement was necessary to
Statement. address changes in the proposed action and new
circumstances or information relevant to
potential environmental impacts including a
reduction in available land area of the Roxana
Site necessitating changes to the facilities
layout evaluated for Alternative 2--Roxana
Site.
March 2017........................... Draft Supplemental Draft Supplemental Revised FEIS incorporated by
Revised Final reference and expanded upon the analyses
Environmental Impact presented in the Revised FEIS. The Draft
Statement. Supplement addressed new circumstances or
information relevant to potential environmental
impacts. Specifically, a reduction in available
land area of the Roxana Site necessitated
modifying the facilities layout evaluated for
Alternative 2--Roxana Site in the Revised FEIS
which identified Modified Alternative 2--Roxana
Site as the preferred alternative.
September 2017....................... Final Supplemental Evaluated potential impacts to the natural and
Revised Final man-made environments resulting from
Environmental Impact development and operation of a proposed USP and
Statement. FPC at two alternative sites in Letcher County.
Identified Modified Alternative 2--Roxana Site
as the preferred alternative. Incorporated by
reference and built upon the analyses presented
in the Revised FEIS. Addressed changes in the
proposed action and assessed new circumstances
or information relevant to potential
environmental impacts.
March 2018........................... Record of Decision..... Director of the Federal Bureau of Prisons
selected Modified Alternative 2--Roxana Site
for land acquisition and development of a USP
and FPC in Letcher County. The decision was
made following consideration of potential
environmental consequences, agency and public
comments, Bureau operational, security, and
management needs, and after being apprised of
material in the DEIS, FEIS, Revised FEIS, and
Draft and Final Supplemental Revised FEISs.
Record of Decision (ROD) published to document
the Bureau's decision with respect to the
environmental review process.
July 2019............................ Withdrawal of Record of Acting Director of the Federal Bureau of Prisons
Decision. withdraws the ROD based on new information,
which may be relevant to the environmental
analysis for the proposed action, in order to
evaluate the new information more fully.
September 2022....................... Notice of Intent to Notice of the Bureau's intent to prepare a DEIS
Prepare a Draft for development of a medium-security FCI and
Environmental Impact FPC at alternative locations in Letcher County,
Statement. Kentucky. The proposed sites to be examined
consist of non-Bureau properties located near
the City of Whitesburg.
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While the Congressional directive to the Bureau to develop a new
USP in Letcher County remains, the Bureau has been reevaluating the
proposed project since the Record of Decision was withdrawn. During
that time, the Bureau determined that the need to house medium-security
inmates in a new FCI supersedes the need to house high-security inmates
in a new USP. Design, construction, and operation of a high-security
USP differs greatly from a medium-security FCI with the potential
environmental impacts of its development and operation correspondingly
different.
Consistent with the guidance provided in 40 CFR 1502.9, the DEIS
will address ``substantial changes in the proposed action that are
relevant to environmental concerns or if there are significant new
circumstances or information relevant to environmental concerns and
bearing on the proposed action or its impacts.'' As a result of the
change of scope in the proposed action (development of a medium-
security FCI vs a high-security USP), planning for a new FCI and FPC
was initiated April 2022. The Bureau will soon undertake a new
evaluation and analysis in accordance with NEPA and the Bureau's NEPA
implementing regulations to be documented within a new DEIS.
Publication of the Notice of Intent to Prepare a DEIS for
development of a new FCI and FPC in Letcher County, Kentucky initiates
a scoping period lasting for 30 days from the date of publication of
this Notice of Intent in the Federal Register. A similar notice
inviting federal, state, county, and local
[[Page 58824]]
agencies, officials, organizations, and the public to participate in
the scoping and DEIS study process will also published in local
newspapers.
The DEIS will analyze potential environmental impacts that may
result from the proposed action including, but not limited to, land use
and zoning; topography, geology, and soils; air quality; noise;
cultural resources; water resources; and biological resources. The DEIS
analysis will also evaluate direct, indirect, and cumulative impacts.
Relevant and reasonable measures that could avoid or mitigate
environmental impacts will also be analyzed. Additionally, the Bureau
will undertake any consultations required by applicable laws or
regulations.
The Bureau will issue the DEIS for a 45-day public comment period,
during which time a public meeting will be held. A notice of
availability of the DEIS and a notice of public meeting will be
published in the Federal Register and in area newspapers in advance of
the release of the DEIS and the public meeting. Those notices will
identify further details about the public meeting, the means to view a
copy of the DEIS, and the specific opportunities and methods for the
public to provide comments on the proposed action and DEIS. Anyone
wishing to receive notifications regarding the proposed project and
DEIS are requested to contact the Bureau's Site Selection Specialist at
the address shown below.
Following issuance of the DEIS and completion of the 45-day public
comment period on the DEIS, the Bureau will issue a Final EIS (FEIS)
that will include comments received during the public comment period on
the DEIS. The FEIS will also include the Bureau's response to
substantive comments received on the DEIS. Following publication of the
FEIS, a 30-day review period will be provided. No action will be taken
to implement any of the proposed alternatives until completion of the
30-day review period on the FEIS and issuance of a Record of Decision
by the Director of the Bureau.
Contact
Questions concerning the proposed action and the DEIS may be
directed to Kimberly S. Hudson, COR, Site Selection Specialist,
Construction & Environmental Review Branch, U.S. Department of Justice,
Federal Bureau of Prisons, 320 First Street NW, Room 901-5 West,
Washington, DC 20534; email: <a href="/cdn-cgi/l/email-protection#ef849c879a8b9c8081af8d809fc1888099"><span class="__cf_email__" data-cfemail="f69d859e8392859998b6949986d8919980">[email protected]</span></a> or by visiting the
project website at: <a href="https://www.proposed-fci-letchercountyky.com">https://www.proposed-fci-letchercountyky.com</a>.
Dated: September 28, 2022.
Kimberly S. Hudson,
Site Selection Specialist, Construction & Environmental Review Branch.
[FR Doc. 2022-20795 Filed 9-27-22; 8:45 am]
BILLING CODE P
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