Notice2024-24948
Record of Decision; Proposed Development of a New Federal Correctional Institution and Federal Prison Camp-Letcher County, Kentucky
Primary source
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Published
October 28, 2024
Issuing agencies
Justice DepartmentPrisons Bureau
Full Text
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<title>Federal Register, Volume 89 Issue 208 (Monday, October 28, 2024)</title>
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[Federal Register Volume 89, Number 208 (Monday, October 28, 2024)]
[Notices]
[Pages 85560-85565]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[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:
<bullet> Sufficient land area to accommodate the institution and a
buffer zone between the facility and neighboring properties.
<bullet> Relatively level building sites or properties that could
be altered to accommodate development.
<bullet> Ability to avoid sensitive environmental resources
including floodplains, wetlands, threatened and endangered species
habitats, and cultural and historic resources.
<bullet> Avoidance of potential conflicts with adjoining or nearby
land uses.
<bullet> Availability of utility and transportation infrastructure.
<bullet> 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]
BILLING CODE P
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</html>Indexed from Federal Register on October 28, 2024.
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.