[Federal Register Volume 83, Number 71 (Thursday, April 12, 2018)]
[Notices]
[Pages 15870-15875]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-07311]
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DEPARTMENT OF JUSTICE
Federal Bureau of Prisons
Record of Decision: Proposed United States Penitentiary and
Federal Prison Camp, Letcher County, Kentucky
I. Introduction
This document provides a Record of Decision (ROD) pursuant to the
National Environmental Policy Act of 1969 as amended (NEPA),
documenting my decision regarding the proposal by the United States
(U.S.) Department of Justice, Federal Bureau of Prisons (Bureau) to
acquire a site up to 800 acres in size and construct and operate a U.S.
Penitentiary (USP) and Federal Prison Camp (FPC) in Letcher County,
Kentucky. The ROD describes the rationale for selecting Modified
Alternative 2-Roxana as the chosen alternative.
[[Page 15871]]
The Bureau's decision is based on information and analysis
contained in the Final Supplemental Revised Final Environmental Impact
Statement (RFEIS) issued September 2017, the Draft Supplemental RFEIS
issued March 2017, the RFEIS issued April 2016, the Draft EIS issued
February 2015, technical studies, and comments from federal and state
agencies, elected officials, organizations, and individuals.
The purpose of this ROD is to publish the Agency's decision with
respect to the environmental review process. Nothing in this ROD should
be taken as an indication that the Bureau intends to proceed (or not to
proceed) with the development of a federal correctional facility in
Letcher County. Such decision will be made at the appropriate time.
II. Background
The Bureau prepared an EIS to evaluate the potential environmental
effects of site acquisition and development of the USP and FPC at two
potential locations in Letcher County: Alternative 1--Payne Gap and
Alternative 2--Roxana. The No Action Alternative was also evaluated.
The Draft EIS was published in February 2015 and the Final EIS was
published in July 2015.
In consideration of comments received on the Final EIS, the Bureau
withdrew the July 2015 Final EIS and prepared a RFEIS. The RFEIS
corrected inconsistencies in the Final EIS, provided more complete
discussion of some topics addressed in the Final EIS, and provided more
complete responses to comments received on the Draft EIS than were
provided in the Final EIS. Also, as a result of Final EIS comments
received, the Bureau confirmed that written notice of availability of
the Final EIS had not been directly provided to at least twenty-two
parties who had requested it; therefore, these parties received less
than the intended, full 30-day review period on the Final EIS. By
publishing the RFEIS and providing a 30-day review period, all
interested parties were afforded a new review period. The March 2016
RFEIS was published on April 1, 2016. The 2016 RFEIS made no change to
the proposed action. As did the withdrawn Final EIS, the 2016 RFEIS
evaluated Alternative 1--Payne Gap, Alternative 2--Roxana, and the No
Action alternative.
The Bureau was originally considering acquiring approximately 700
acres at the Roxana site or 750 acres at Payne Gap for this project.
Following publication of the March 2016 RFEIS, in which Alternative 2--
Roxana was identified as the preferred alternative, the Bureau removed
two parcels of land at the Roxana site from acquisition consideration,
resulting in a proposed site of approximately 570 acres. The Bureau
conducted a number of detailed studies at the Roxana site and
determined this smaller site size would be a viable alternative for
constructing and operating a USP, FPC, and ancillary facilities.
However, the reduction in site size necessitated modifying the
facilities layout evaluated for Alternative 2--Roxana in the 2016
RFEIS. The Bureau prepared a Supplemental RFEIS to assess new
circumstances and information relevant to potential environmental
impacts as a result of the modifications to the Roxana site size and
facilities layout under Modified Alternative 2--Roxana. The Draft
Supplemental RFEIS analyzed Modified Alternative 2--Roxana and the No
Action Alternative. Alternative 2--Roxana from the 2016 RFEIS was
eliminated from further evaluation because the original site
configuration was no longer feasible. The Draft Supplemental RFEIS was
published in March 2017, and the Final Supplemental RFEIS was published
in September 2017.
III. Purpose and Need for the Project
The purpose of the proposed federal correctional facility in
Letcher County is to develop additional high-security facilities to
increase capacity for current inmate populations in the Mid-Atlantic
Region based on the need for additional bed space. The Bureau has
studied the need for an additional high-security penitentiary and an
associated federal prison camp in the Mid-Atlantic Region, and has
continually updated inmate population totals throughout the EIS
process. The overall prisoner population is declining. On June 13,
2017, the U.S. Department of Justice Deputy Attorney General testified
before the House Committee on Appropriations that the federal inmate
population has declined 14 percent, totaling 30,000 inmates, over the
last four years. Although the inmate population has been declining in
recent years, as of November 28, 2017, the size of the total inmate
population in the Bureau's institutions exceeds the rated capacity of
its prisons by 14 percent, with its high-security level institutions
(USPs) at an approximate 29 percent overcrowded rate. Based on recent
U.S. Department of Justice policy changes in prosecution priorities,
the Bureau's Fiscal Year 2018 total inmate population is projected to
increase to approximately a 16 percent overcrowded rate, and high-
security level institutions population is projected to remain at 29
percent overcrowded.
There is a continuing need for additional high-security male
facilities in the Mid-Atlantic Region, where every existing high-
security male facility has been operating, and continues to operate,
above its rated capacity. As of November 28, 2017, the four high-
security male facilities in this region housed approximately 4,797
high-security male inmates, but their total rated capacity is 3,441
inmates. Therefore, the Bureau has determined the Mid-Atlantic Region
high-security male facilities are overcrowded and exceed rated capacity
by 39 percent.
Overcrowding in the Mid-Atlantic Region facilities compromises the
mission of the Bureau. The Bureau faces challenges in providing for
inmates' care and safety in crowded conditions, as well as the safety
of Bureau staff and surrounding communities, within budgeted levels.
Provision of a new USP and FPC with additional high-security bed space
in Letcher County would meet the need to ensure a safe and secure
environment for both staff and inmates, particularly as it applies to
higher security inmates, within the Mid-Atlantic Region, afford the
Bureau continued management of inmates originating from the region,
allowing those inmates to remain close to family, which aids in the
rehabilitation process.
The Bureau proposes to acquire up to 800 acres in Letcher County to
construct and operate a USP, FPC, and associated ancillary facilities.
The ancillary facilities would include a central utility plant, outdoor
firing range, outside warehouse, staff training building, garage/
landscape building, access roads, and parking lots. A non-lethal/lethal
fence and site lighting would also be installed. The proposed USP would
house approximately 960 high-security male inmates, and the FPC would
house approximately 256 minimum-security male inmates for a total
population of approximately 1,216 inmates. Together both facilities
would employ approximately 300 full-time staff upon operation.
Development of the USP and FPC in Letcher County is proposed to provide
an additional USP and FPC for mission support to increase capacity for
current inmate populations in the Mid-Atlantic Region and reduce the
overcrowding in this region's high-security male facilities.
IV. Alternatives Considered
A. No Action Alternative
The No Action Alternative is defined as a decision by the Bureau
not to proceed with the proposed action.
[[Page 15872]]
Under this alternative, the Bureau would not acquire land to construct
and operate a new USP and FPC to house a portion of the federal inmate
population and would result in a continuation of the status quo, with
existing USPs in the Mid-Atlantic Region remaining overcrowded at
current levels and their associated FPCs remaining at or near capacity.
Selection of the No Action Alternative would avoid environmental
impacts associated with development and operation of the proposed USP
and FPC.
The No Action Alternative does not meet the purpose of and need for
the proposed action because it does not address the Bureau's need to
provide additional capacity to reduce current overcrowding of the
federal inmate population in other federal correctional facilities in
the Mid-Atlantic Region, particularly in the high-security male
facilities.
B. Alternative Project Locations Within Geographic Area of Interest
The Bureau has a continuing need for additional high-security male
facilities within the Mid-Atlantic Region. None of the existing federal
lands or facilities in the Mid-Atlantic Region within the jurisdiction
of the Bureau have sufficient space to accommodate the development of
the proposed facilities. In addition, no reasonable alternatives for
the use of existing land or facilities outside of the jurisdiction of
the Bureau were identified within the Mid-Atlantic Region.
The Letcher County Planning Commission contacted the Bureau with an
offer of potential sites for a new USP and FPC in Letcher County. The
Letcher County Planning Commission identified four potential locations
that could meet the needs of the Bureau, and brought these sites to the
attention of the Bureau to determine if the Bureau had an interest in
developing a new facility at one of the locations. Between 2008 and
2010, the Bureau conducted two site reconnaissance studies to collect
preliminary data on the four sites that have been offered by members of
the community to determine their suitability for development based on
site conditions, infrastructure and utilities, and environmental
resources. Based on the initial analyses, the Bureau determined the
four sites, referred to as Meadow Branch, Payne Gap, Roxana, and Van/
Fields, should be studied in more detail in a feasibility study.
During the initial phase of the feasibility study, changes with the
offeror of the Meadow Branch site resulted in the removal of the site
from consideration by the Bureau; therefore, no detailed analysis of
the site was included in the feasibility study. The remaining three
sites were assessed for potential impacts to infrastructure and
environmental resources, including archaeological sites and historic
architectural resources, wetlands, and geological conditions. The
feasibility study highlighted potential concerns with development of
each site, as well as estimated costs of development of each site in
relation to infrastructure improvement and site preparation (i.e.,
excavation and/or fill and grading activities). Based on the analysis
in the feasibility study, that was completed in 2012, the Bureau
determined that there were no constraints that would prevent
development of any of the three sites. Changes with the offeror of the
Van/Fields site during the final stages of the feasibility study
eliminated this site from further consideration. The Bureau carried
forward the remaining two sites, Payne Gap and Roxana, for analysis in
the EIS.
1. Alternatives Evaluated in the Draft EIS, Final EIS, and 2016 RFEIS
2.
Two action alternatives and the No Action Alternative were
evaluated in the February 2015 Draft EIS, July 2015 Final EIS, and
March 2016 RFEIS.
Alternative 1--Payne Gap
Development of a USP and FPC at the Payne Gap site (Alternative 1)
would involve acquisition of approximately 753 acres located in eastern
Letcher County, approximately 7 miles northeast of the city of
Whitesburg, along the Kentucky and Virginia border. The proposed site
is situated on a gently sloped to steeply sloped upland land form, and
is covered with secondary growth forests. The original topography of
portions of the site has been altered by past surface and deep mining
and by associated mining activities such as spoil piles, roads, and
fill piles. No active mining is occurring on site. The proposed
facilities layout for Alternative 1 consists of developing the north
half of the Payne Gap site with the USP, FPC, and ancillary buildings,
and accessing the site from U.S. Route 119. To accommodate the USP,
FPC, ancillary buildings, and roads, Alternative 1 would require more
extensive rock excavation and fill to level and prepare the site for
construction than would Alternative 2.
Alternative 2--Roxana
Development of a USP and FPC at the Roxana site (Alternative 2)
would have involved acquisition of approximately 700 acres located in
western Letcher County, approximately 7.5 miles west of Whitesburg. The
site is forested except for a large open area near the center of the
site created from past surface mining activities. No active mining is
occurring on site. The Bureau proposed constructing the FPC in the
north portion of the Roxana site and the USP and ancillary buildings in
the central portion of the site. The proposed facilities layout
included an access road extending along the east side of the facilities
from KY 588.
3. Alternatives Evaluated in 2017 Draft and Final Supplemental RFEIS
The 2017 Draft and Final Supplemental RFEIS analyzed Modified
Alternative 2--Roxana and the No Action Alternative. Alternative 1--
Payne Gap was incorporated by reference. Alternative 2--Roxana from the
2016 RFEIS was eliminated from further evaluation because the original
site configuration was no longer feasible.
Modified Alternative 2--Roxana
Under Modified Alternative 2--Roxana, the Bureau would acquire
approximately 570 acres of land at Roxana. Because of the reduced site
size, the Bureau modified the facilities layout evaluated for
Alternative 2--Roxana in the 2016 RFEIS. In the modified facilities
layout under this alternative compared with the 2016 alternative, the
FPC would be situated closer to the USP and the access road would
extend from KY 588 along the west side of the FPC rather than the east
side.
C. Preferred Alternative
Modified Alternative 2--Roxana best meets Bureau operational and
security requirements while minimizing potential environmental and
other impacts and is considered the Preferred Alternative. Modified
Alternative 2--Roxana best meets the purpose of the proposed action by
providing an additional high-security penitentiary and an associated
prison camp to increase capacity for current inmate populations in the
Mid-Atlantic Region. In addition, Modified Alternative 2--Roxana
satisfies the continuing need for additional high-security facilities
within this region, despite recent declines in other than high-security
in-mate population groups, to reduce the demonstrated overcrowding that
compromises the mission of the Bureau.
Although both the Payne Gap and Roxana sites accommodate the
required facilities, Modified Alternative 2--Roxana is the Preferred
Alternative because it would have, on balance,
[[Page 15873]]
fewer impacts to the human and natural environment as compared with
Alternative 1--Payne Gap evaluated in the 2016 RFEIS. Both build
alternatives would have direct adverse impacts to topography, geology,
and soils; however, much greater site preparation work would be
required at the Payne Gap site. Except for the potential impact to the
natural gas infrastructure, Modified Alternative 2--Roxana would have
less than significant impacts to infrastructure and utilities, while
Alternative 1--Payne Gap would have significant impacts to potable
water capacity, wastewater treatment capacity, and natural gas
infrastructure. Under Modified Alternative 2--Roxana, impacts to
streams and forest would be less than those under Alternative 1--Payne
Gap. Development of the proposed action under Alternative 1--Payne Gap
would impact approximately 100 more acres of summer habitat of
federally listed bat species when compared with Modified Alternative
2--Roxana.
D. Avoidance, Minimization, and Mitigation Measures
The Bureau will implement the following avoidance, minimization,
and mitigation measures and best management practices to reduce the
environmental impacts of the Selected Alternative. No mitigation is
required for socioeconomics and environmental justice, as the Selected
Alternative would not result in adverse impacts to socioeconomics,
environmental justice populations, or children, and no mitigation is
required for cultural resources, as the Preferred Alternative would
have no impact to National Register of Historic Places--listed or
eligible cultural resources.
1. Land Use and Zoning
(a) Provide an open space and vegetative buffer between the USP and
FPC to maintain visual compatibility with surrounding properties.
(b) Design and locate the facilities to reduce the visual presence
of the facility from neighboring properties.
(c) Maintain a 125-foot buffer between FPC construction activities
and the Whitaker property.
(d) Maintain a 100-foot buffer between access road construction
activities and the Frazier Cemetery.
(e) Use full cutoff light fixtures to minimize off-site adverse
impacts of lighting.
2. Topography, Geology, and Soils
(a) Prepare a Stormwater Pollution Prevention Plan with a soil
erosion and sediment control plan and submit it to the Kentucky
Department for Environmental Protection, Division of Water for approval
prior to construction.
(b) Implement construction-period and permanent surface water and
stormwater control plans to manage runoff.
(c) Phase the construction of the USP, FPC, and ancillary
facilities to occur at different times to minimize soil disturbance by
only clearing areas necessary for the current phase of construction.
(d) Re-vegetate disturbed areas following the completion of
construction to minimize the erosion of exposed soil.
3. Community Facilities and Services
(a) Discuss the development of a Memorandum of Understanding with
the Whitesburg Police Department and Mayor of Whitesburg to determine
the department's status and what steps may be taken to offset potential
impacts to Whitesburg Police Department operations or its equipment.
4. Transportation and Traffic
(a) Require the selected construction contractor to perform an
assessment of routing of construction traffic to the site.
(b) Route construction vehicles so gross vehicle weight does not
exceed Kentucky Transportation Cabinet maximum weight limitations.
(c) Bond the roads where limitations may be exceeded and repair the
roads upon completion of construction.
(d) Develop and implement a maintenance of traffic plan to maintain
traffic flow when construction equipment is being transported to the
site.
5. Air Quality
(a) Implement best management practices, including but not limited
to periodic soil wetting, use of alternatively fueled equipment, use of
other emissions controls applicable to on-site equipment, and reduction
of equipment and construction vehicle idling time, to reduce air
emissions.
(b) Obtain an air quality permit from the Kentucky Department for
Environmental Protection for air emission sources in compliance with
Kentucky Administrative Regulations, Title 401, Chapter 52, Section 040
(401 KAR 52: 040), State-origin Permits.
6. Noise
(a) Use noise bellows systems on pile driving equipment.
(b) Schedule louder construction activities from mid-morning to
mid-afternoon for less intrusive times.
(c) Limit construction activities to daytime hours to the extent
feasible.
(d) Implement a blasting plan and informing local community about
blasting activity dates.
7. Infrastructure and Utilities
(a) Pay natural gas infrastructure owners for costs associated with
closure, abandonment, and/or relocation of the wells and associated
pipelines.
(b) Comply with applicable federal and state regulations regarding
the permanent closure and abandonment of gas wells and the relocation
of the pipes.
8. Water Resources
(a) Pay a fee into the in-lieu fee mitigation program managed by
the Kentucky Department of Fish and Wildlife Resources.
(b) Prepare and implement a Groundwater Protection Plan in
compliance with Kentucky Administrative Regulations, Title 401, Chapter
5, Section 37 (401 KAR 5: 037), Groundwater Protection Plans.
9. Biological Resources
(a) Implement the following Reasonable and Prudent Measure
stipulated in the U.S. Fish and Wildlife Service (USFWS) Biological
Opinion (BO) regarding potential impacts to the Indiana bat, northern
long-eared bat, and gray bat from the Preferred Alternative: The Bureau
shall ensure that the project will occur as designed, planned, and
documented in the Biological Assessment and this BO.
(b) Comply with the following Term and Condition, which implements
the above Reasonable and Prudent Measure, specified in the BO: The
Bureau shall ensure that the project will occur as designed, planned,
and documented in the Biological Assessment and this BO.
(c) Incorporate the following Conservation Measures documented in
the Biological Assessment in project design and construction:
(i.) Contribute to the Imperiled Bat Conservation Fund as
compensatory mitigation for adverse effects on Indiana bats and
northern long-eared bats.
(ii.) Develop and implement a Kentucky Division of Water-approved
erosion and sediment control plan.
(iii.) Avoid tree removal during June and July.
(iv.) Avoid blasting from November 15 through March 31.
(v.) Conduct construction activities from April 15 through October
31 in suitable Indiana bat and/or northern long-eared bat habitat
during daylight hours.
(vi.) Direct construction lighting toward construction activities
and away from forested habitat during any nighttime construction
activities.
[[Page 15874]]
(vii.) Require construction contractors to inspect vehicles and
equipment to ensure visible plant and seed material has been removed
prior to entering the project area.
(viii.) Install the facility's outdoor lights with full cutoff
fixtures (emit no direct up light).
(x.) Fence off the feature identified as potential hibernaculum and
installing warning signs around the area to prevent disturbance.
(d) Incorporate the required reporting/monitoring requirements from
the USFWS BO into the Monitoring and Enforcement Program (MEP) for the
project, is described in Section VII of this ROD.
10. Hazardous Materials and Waste
(a) Comply with applicable federal and state regulations regarding
the management of hazardous materials and waste.
(b) Use, store, and properly dispose of batteries and containerized
pesticides, herbicides, paints, and solvents.
(c) Comply with Kentucky Administrative Regulations, Title 401,
Chapter 100, Section 30 (401 100: 030), Remediation Requirements, for
the remediation of three identified locations of petroleum releases
from a petroleum extraction operation, and submit all associated
cleanup reports and records to the Kentucky Department for
Environmental Protection (DEP) Division of Waste Management, Superfund
Branch--Petroleum Cleanup Section in accordance with the procedures
outlined in DEP 7097C, Closure Report for Petroleum Releases and Exempt
Petroleum Tank Systems.
(d) Design facilities intended for human occupancy to prevent
occupant exposures to radon above the USEPA action level of 4 pCi/L
(picocuries per liter).
(e) Incorporate the following Bureau Technical Design Guidelines in
the design of the outdoor firing range to prevent lead contamination
outside of the range itself: Safety baffles, berms and backstops to
contain bullets to a designated area; impoundments, traps, and other
structures to catch lead particles; and stormwater systems to gather
runoff and allow infiltration within the range bermed area.
(f) Perform regular maintenance of the above range features.
11. Climate
(a) In consideration of Executive Order 13693, Planning for Federal
Sustainability in the Next Decade, and the Council on Environmental
Quality's Final NEPA Guidance on Consideration of the Effects of
Climate Change and Greenhouse Gas Emissions, design and construction of
the USP and FPC will comply with the design and operation standards and
practices included in the following:
(i) U.S. Green Building Council's Leadership in Environmental and
Energy Design (LEED) prerequisites and credits for Silver
certification.
(ii) 10 CFR 433, Energy Efficient Standards for the Design and
Construction of New Federal Commercial and Multi-family High Rise
Residential Buildings.
(iii) 10 CFR 436 Federal Energy Management and Planning Programs.
(iv) IEEE Standard 739--IEEE (Institute of Electrical and
Electronics Engineers) Recommended Practice for Energy Conservation and
Cost Effective Planning in Industrial Facilities.
VI. Decision
Based on consultation with consulting agencies; consideration of
potential environmental consequences; Bureau operational, security, and
management needs for current Mid-Atlantic Region facilities; public
comments on the February 2015 Draft EIS, July 2015 Final EIS, March
2016 RFEIS, March 2017 Draft Supplemental RFEIS, and September 2017
Final Supplemental RFEIS; and my being apprised of the material and
information contained in the 2016 RFEIS and 2017 Final Supplemental
RFEIS, I have decided to select Modified Alternative 2--Roxana, as
summarized above and described in detail within the 2017 Final
Supplemental RFEIS, for the proposed land acquisition and development
of a USP and FPC in Letcher County. Development of the proposed project
under Modified Alternative 2--Roxana is contingent on the availability
of funding sufficient to proceed.
VII. Rationale
My decision is based on the following factors:
The Bureau has a continuing need for additional safe and secure
facilities in the Mid-Atlantic Region, where every existing high-
security facility is operating above its rated capacity and their
associated FPCs are at or near capacity, thereby compromising the
mission of the Bureau. In response, the Bureau has committed resources
to identifying, evaluating, acquiring, and developing a site for an
additional USP and associated FPC for mission support.
Development of the USP and FPC is proposed as a means of reducing
inmate overcrowding at other federal correctional facilities in the
Mid-Atlantic Region. Each alternative plan was evaluated against
operational, environmental, and infrastructure criteria until a
preferred alternative was identified that best met project objectives
while accommodating security considerations, logistics, and costs.
Development of the USP and FPC under Modified Alternative 2--Roxana
best meets the project's goals and objectives, and because development
of this alternative would have fewer impacts on the human and natural
environment, it is considered by the Bureau to be the environmentally
preferable alternative.
Construction and operation of the proposed USP and FPC under
Modified Alternative 2--Roxana will result in significant impacts to
topography, geology and soils, and less than significant impacts to
land use, community facilities and services, transportation and
traffic, air quality, noise, infrastructure and utilities, water
resources, biological resources, and hazardous materials and waste, as
defined by NEPA. While construction and operation of the proposed USP
and FPC under Modified Alternative 2--Roxana will cause unavoidable
impacts, construction and operation activities will comply with all
federal statutes, implementing regulations, Executive Orders, and other
consultation, review, and permit requirements potentially applicable to
this project. Any unavoidable adverse impacts to land use, topography,
geology and soils, community facilities and services, transportation
and traffic, air quality, noise, infrastructure and utilities, water
resources, biological resources, and hazardous materials and waste will
be controlled, reduced, or eliminated by the avoidance, minimization,
and mitigation measures identified in Section IV.D of this ROD. The
project will comply with the regulatory requirements of the Clean Water
Act (33 U.S.C. 1251 et seq.).
The Bureau will coordinate with the U.S. Army Corps of Engineers on
permit requirements and will obtain all required permits for the
placement of fill material and potential disturbance of wetlands and
other waters of the U.S. prior to construction. In addition, the Bureau
will comply with the Terms and Conditions implementing the Reasonable
and Prudent Measures specified in the USFWS BO for project effects on
the Indiana bat and the northern long-eared bat in accordance with
Section 7 of the Endangered Species Act (16 U.S.C. 1531-1544).
The Bureau will develop and implement a Monitoring and Enforcement
Program (MEP) to ensure that the proposed avoidance, minimization, and
mitigation measures
[[Page 15875]]
documented within this ROD are implemented as part of the project. 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 this program, each
project contractor will be required to implement the mitigation
measures arising from its project activities. The Bureau or its
authorized agencies will inspect and monitor these measures to ensure
compliance. The Bureau will implement any mitigation measures required
for USP and FPC operation. The Bureau will maintain the MEP throughout
project implementation and will include the MEP in the project
administrative record. Any continuing obligations will be maintained by
the Bureau.
Development of the proposed USP and FPC under Modified Alternative
2--Roxana will result in beneficial impacts by reducing crowded
conditions in federal correctional facilities within the Mid-Atlantic
Region, particularly in high-security male facilities, by providing a
much-needed new facility to meet existing inmate housing needs.
Beneficial impacts to the local economy of Letcher County will also be
realized due to the addition of a 300-person workforce for the facility
and the associated gains in expenditures and tax revenues.
The Bureau will rely upon public utility authorities for the
provision of water and sewage treatment services. Positive economic
benefits will accrue to these utility authorities from the provision of
such services. Plans for the expansion of utility capacities will be
fully coordinated with all appropriate agencies.
Prior to making my final decision, I carefully considered comments
received following the publication of the 2016 RFEIS, and comments
received prior to expiration of the 30-day review period on the 2017
Final Supplemental RFEIS. The comments and responses thereto are hereby
acknowledged and measures to avoid, minimize, and mitigate potential
adverse impacts are documented within Section IV.D of this ROD.
In addition, I have carefully considered potential environmental
justice impacts of the proposed action as discussed in the 2016 RFEIS,
together with comments concerning environmental justice submitted
during the EIS and Supplemental RFEIS process. Pursuant to Executive
Order 12898, Federal agencies are required to make achieving
environmental justice part of their mission by identifying and
addressing, as appropriate, disproportionately high and adverse human
health and environmental effects of their programs, policies, and
activities on minority and low-income populations. As concluded in the
2016 RFEIS, I have determined that the proposed action will not result
in either a disparate or significantly adverse impact to any low-income
or minority population to which Executive Order 12898 is applicable.
VIII. Conclusion
After consulting with Bureau staff and being appraised of material
in the Draft EIS, 2016 RFEIS, and 2017 Final Supplemental RFEIS, it is
my decision that the Bureau select Modified Alternative 2--Roxana for
the land acquisition and development of a USP and FPC in Letcher
County.
Mark S. Inch,
Director, Federal Bureau of Prisons.
[FR Doc. 2018-07311 Filed 4-11-18; 8:45 am]
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