Letcher County FEIS_July52024.pdf

FINAL ENVIRONMENTAL IMPACT STATEMENT

Proposed Development of a New Federal Correctional Institution and Federal Prison Camp – Letcher County, Kentucky

Prepared by:

Federal Bureau of Prisons Washington, D.C.

July 2024

ABSTRACT

Final Environmental Impact Statement Proposed Development of a New Federal Correctional Institution and Prison Camp – Letcher County, Kentucky

ABSTRACT

Lead Agency: U.S. Department of Justice - Federal Bureau of Prisons

Contact: Kimberly S. Hudson, Chief Construction and Environmental Review Section Facilities Management Branch Federal Bureau of Prisons 320 First Street, NW, Room 901-5, Washington, D.C. 20534 Tel: 202-451-7046 / Email: kshudson@bop.gov

Title: Proposed Development of a New Federal Correctional Institution and Federal Prison Camp

Designation: Final Environmental Impact Statement

Background The mission of the U.S. Department of Justice, Federal Bureau of Prisons (FBOP) is for corrections professionals to foster a humane and secure environment and ensure public safety by preparing individuals for successful reentry into society. The FBOP’s highly skilled, diverse, and innovative workforce creates a strong foundation of safety and security. Through the principles of humanity and normalcy, the FBOP develops good neighbors. 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.

In 2006, Congress directed the FBOP to initiate various investigations leading to development of a new federal correctional facility in Letcher County, Kentucky (Congressional authorization: P.L. 109- 272). The National Environmental Policy Act (NEPA) of 1969, as amended in 2023, provides that all agencies of the Federal government shall prepare a detailed statement on major Federal actions significantly affecting the quality of the human environment. Pursuant to Section 102(2)(C) of NEPA and the Council on Environmental Quality regulations implementing NEPA, as amended May 1, 2024, a Notice of Intent to Prepare a Draft Environmental Impact Statement (DEIS) was published in the Federal Register on September 28, 2022 (Volume 87, Number 187) and a Notice of Availability of the DEIS was published in the Federal Register on March 1, 2024 (Volume 89, Number 42). The DEIS presented an assessment of the environmental consequences of a proposed action by the FBOP to develop a new Federal Correctional Institution (FCI) and Federal Prison Camp (FPC) in Letcher County.

The FEIS, the assessment it presents, and the procedures by which the environmental investigations are conducted and incorporated in decision-making are parts of a process established by NEPA to ensure that the environmental consequences of federal projects and actions are adequately taken into account. The process is also designed to ensure that public officials make decisions based on a full understanding of the environmental impacts of proposed actions and take all appropriate steps to ”protect, restore and enhance the environment.”

mailto:kshudson@bop.gov

Proposed Action In conformance with the Congressional directive, the FBOP has conducted a wide range of technical investigations and published multiple EISs in support of correctional facility development within the 339-square-mile area comprising Letcher County, and at the exclusion of other areas of the FBOP’s Mid-Atlantic Region and the U.S. as a whole. At the time of the Congressional directive (2006), the need for new U.S. Penitentiary (USP) to house the population of high-security adults in custody (AIC) originating from the Mid-Atlantic Region was the priority and all NEPA and other technical investigations considered the potential impacts of such development. However, in the intervening period, the FBOP has determined that development of a new medium-security FCI is a higher priority than a new high-security USP as was originally conceived. With the Congressional directive in effect, and given the need for modern institutions and infrastructure, the FBOP is proposing to construct and operate a new FCI to house approximately 1,152 medium-security AIC and a new FPC to house 256 minimum-security AIC in Letcher County, Kentucky.

Development of a new FCI/FPC in Letcher County will help ensure that the federal criminal justice system in general, and the FBOP in particular, continues to function in a quality manner while addressing the need for modern, secure, efficient and cost-effective institutions. Doing so will also allow the FBOP to better accomplish its mission to foster a humane and secure environment and ensure public safety, meet the needs of current and future federal populations of AIC, and provide for the continued safety and security of AIC, employees, and the public.

Project Location Letcher County is located in southeastern Kentucky in the eastern coal field region of the state, an area stretching from the Appalachian Mountains westward across the Cumberland Plateau to the Pottsville Escarpment. Letcher County includes the cities of Whitesburg (the County Seat), Blackey, Jenkins, and Fleming-Neon and the towns of Seco, McRoberts, Roxana, and Isom. Two alternative locations within Letcher County for development of the proposed FCI and FPC, known as the Roxana Site and Payne Gap Site, were investigated as part of previous EISs.

Findings Development of the proposed FCI/FPC is intended to meet the on-going need for modern and secure federal correctional facilities generally, as well as to address an identified need for a new medium-security FCI and minimum-security FPC in the Mid-Atlantic Region. FCI and FPC development at the Roxana Site is considered the preferred alternative as it best meets the project needs and, on balance, would pose fewer impacts to the natural and human environments.

Threatened and endangered species habitat was a factor in the identification of the Preferred Alternative with development at the Payne Gap Site potentially impacting a significant amount of summer roosting bat habitat versus the amount that would be impacted at the Roxana Site.

Development at the Roxana Site would rely on established infrastructure services and would have fewer impacts to similar development at the Payne Gap Site and is preferred by local elected and other officials.

Based upon potential environmental impacts applicable to each site, the FBOP has determined that the proposed development at the Roxana Site 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, minimize, or mitigate environmental impacts to the extent practicable.

Beneficial impacts would be derived from implementation of the Proposed Action, including contributions toward fulfilling the FBOP’s mission to protect society along with achieving the goals of the U.S. Department of Justice and the mandates and directives of the U.S. Congress.

Implementation of the proposed project would also result in positive impacts including creation of modern correctional facilities to house a portion of the federal AIC population; and stimulation of the local and regional economies with creation of employment opportunities during the project’s h2edeals Highlight construction and operating phases. Cumulative, secondary and construction-related impacts and any other potentially adverse impacts would be controlled, mitigated or avoided to the maximum extent possible.

Publication Date July 12, 2024. 30-day public review period ends on August 12, 2024. For additional information about the Proposed Action, visit the project website: https://www.proposed-fci-letchercountyky.com, or contact: Kimberly S. Hudson, Chief, Construction and Environmental Review Section, Facilities Management Branch, Federal Bureau of Prisons, 320 First Street, NW, Room 901-5, Washington, D.C.

20534 (email: kshudson@bop.gov).

https://www.proposed-fci-letchercountyky.com

TABLE OF CONTENTS

CONTENTS

EXECUTIVE SUMMARY

Background Purpose and Need for the Proposed Action Alternatives Considered Preferred Alternative Public Engagement Summary of Potential Impacts Public Comments and Responses Next Steps

1.0 INTRODUCTION

1.1 Background

1.2 Security Levels

1.3 The Need for Modern Federal Correctional Facilities and Infrastructure

1.4 Purpose and Need for the Proposed Action

1.5 Institution Policies, Procedures and Physical Measures

1.6 Planning and Construction Standards

1.7 Environmental Review Process

1.8 Scoping and Public Engagement

2.0 ALTERNATIVES

2.1 No Action Alternative

2.2 Alternatives, Letcher County

2.3 Preferred Alternative

3.0 AFFECTED ENVIRONMENT, POTENTIAL IMPACTS, AND

RECOMMENDED MITIGATION

3.1 Topography

3.2 Geology

3.3 Soils

3.4 Hydrology

3.5 Biological Resources

3.6 Cultural Resources

3.7 Hazardous Materials

3.8 Fiscal Considerations

3.9 Visual and Aesthetic Resources

3.10 Demographics

3.11 Economics

3.12 Environmental Justice

3.13 Housing

3.14 Community Services and Facilities

3.15 Land Use

3.16 Utilities

3.17 Transportation

3.18 Air Quality

3.19 Noise

4.0 RELATIONSHIP BETWEEN SHORT-TERM USES OF THE ENVIRONMENT

AND THE MAINTENANCE AND ENHANCEMENT OF LONG-TERM

PRODUCTIVITY

5.0 IRREVERSIBLE AND IRRETRIEVABLE COMMITMENT OF

RESOURCES

6.0 LIST OF PREPARERS

7.0 REFERENCES

8.0 DISTRIBUTION LIST

9.0 PUBLIC COMMENTS CONCERNING DRAFT ENVIRONMENTAL

IMPACT STATEMENT AND RESPONSES THERETO

APPENDIX A: PUBLIC SCOPING (2022)

APPENDIX B: AGENCY CONSULTATION AND COORDINATION

(2014 - 2024)

APPENDIX C: CULTURAL RESOURCE SURVEY REPORTS (2023 - 2024)

APPENDIX D: WETLAND DELINEATION REPORT (2023 - 2024)

APPENDIX E: PHASE I ENVIRONMENTAL SITE ASSESSMENT (2024)

APPENDIX F: ADDITIONAL GEOTECHNICAL STUDY – ROXANA SITE

(2016)

APPENDIX G: RESULTS OF INVESTIGATION OF MATERIALS TO BE

EXCAVATED (2016)

APPENDIX H: USFWS ENDANGERED SPECIES ACT CONSULTATION

(2017)

APPENDIX I: TRAFFIC IMPACT STUDY (2015)

APPENDIX J: AIR EMISSION CALCULATIONS (2017)

LIST OF EXHIBITS

LIST OF EXHIBITS

Exhibit 1-1 Letcher County, Kentucky Exhibit 2-1 Proposed FCI and FPC Site Plan Exhibit 3-1 Site Topography Exhibit 3-2 Geology Exhibit 3-3 Seismic Activity Exhibit 3-4 Soils Exhibit 3-5 Flood Zones Exhibit 3-6 National Wetland Inventory Exhibit 3-7 Wetland Delineation Map Exhibit 3-8 Waterway Impacts Exhibit 3-9 Cultural Resource Survey Area of Potential Effects Exhibit 3-10 FBOP Employee Current Place of Residence Exhibit 3-11 Environmental Justice Percentiles for Letcher County Compared to State and National Averages Exhibit 3-12 Radon Concentrations in Kentucky

LIST OF TABLES

LIST OF TABLES

Table 1-1 Technical Investigations, Feasibility Studies, and EISs Prepared in Conformance with Congressional Directive Table 3-1 Soil Types and Characteristics Table 3-2 Surface Waters Delineated Within the Roxana Site Table 3-3 Potential Surface Water Impacts Within the Roxana Site Table 3-4 Dominant Vegetation Observed at the Roxana Site Table 3-5 Wetlands Identified Within the Roxana Site Table 3-6 WOUS (Streams) Identified Within the Roxana Site Table 3-7 Threatened and Endangered Species - Letcher County Table 3-8 NRHP Recommendations and Determinations of Effect Table 3-9 Population Trends, 2000–2020 Table 3-10 Racial Characteristics Table 3-11 Age Characteristics Table 3-12 Educational Attainment Table 3-13 Employment Characteristics Table 3-14 Unemployment Rates Table 3-15 Roxana Site Preparation Costs Table 3-16 Letcher County Public Schools and Enrollment Table 3-17 Description of NAAQS Criteria Pollutants Table 3-18 National and Kentucky Ambient Air Quality Standards Table 3-19 Common Sounds Expressed in Decibels Table 3-20 Noise Levels Generated by Construction Equipment Table 3-21 Small Arms Peak Noise and Compatible Land Use

ACRONYMS AND ABBREVIATIONS

ACRONYMS AND ABBREVIATIONS

AIC Adults in custody AMU Adjusted Mitigation Units APE Area of Potential Effects ARH Appalachian Regional Healthcare ASTM American Society for Testing and

Materials International BMPs Best Management Practices CAA Clean Air Act CAAA Clean Air Act Amendments CEQ Council on Environmental Quality CFR Code of Federal Regulations CO Carbon monoxide CO2 Carbon dioxide CWA Clean Water Act dB Decibels dBA A-weighted decibels EIS Environmental Impact Statement EISA Energy Independence and Security Act EIU Ecological Integrity Unit EO Executive Order ESA Endangered Species Act FBOP Federal Bureau of Prisons FCI Federal Correctional Institution FEMA Federal Emergency Management

Agency FPC Federal Prison Camp FPPA Farmland Protection Policy Act GHG Greenhouse gases GPD Gallons per day HAP Hazardous air pollutants KDEP Kentucky Department of Environmental

Protection KGS Kentucky Geological Survey KHC Kentucky Heritage Council KRADD Kentucky River Area Development

District KYLMI Kentucky Labor Market Information KYTC Kentucky Transportation Cabinet LCPC Letcher County Planning Commission LOS Level of service LWSD Letcher County Water and Sewer

District MBTA Migratory Bird Treaty Act MGD Million gallons per day μg/m3 Microgram per Cubic Meter MSA Mobile Source Air Toxic msl Mean sea level NAAQS National Ambient Air Quality Standards NEPA National Environmental Policy Act NHPA National Historic Preservation Act NOI Notice of Intent NO2 Nitrogen dioxide NOX Nitrogen oxides NRCS Natural Resources Conservation Service NRHP National Register of Historic Places NWI National Wetland Inventory O3 Ozone OSHA Occupational Safety and Health

Administration pCi/L Picocuries per liter PM2.5 Particulate matter with a diameter of

2.5 microns or less PM10 Particulate matter with a diameter less than 10 microns ppb Parts per billion ppm Parts per million psi Pounds per square inch ROD Record of Decision RCRA Resource Conservation and Recovery

Act SHPO State Historic Preservation Officer SO2 Sulphur dioxide TCPs Traditional Cultural Properties TMDL Total Maximum Daily Load TPY Tons per year TRI Toxics Release Inventory USACE U.S. Army Corps of Engineers USDA U.S. Department of Agriculture USEPA U.S. Environmental Protection Agency USFWS U.S. Fish and Wildlife Service USGS U.S. Geological Survey USP U.S. Penitentiary WOTUS Waters of the United States

EXECUTIVE SUMMARY

EXECUTIVE SUMMARY

The Federal Bureau of Prisons (FBOP) has prepared a Final Environmental Impact Statement (FEIS) for the proposed development of a Federal Correctional Institution (FCI) and Federal Prison Camp (FPC) in Letcher County, Kentucky (the Proposed Action). The FEIS has been prepared consistent with the regulations implementing the National Environmental Policy Act (NEPA) of 1969, as amended in 2023; Council on Environmental Quality regulations implementing NEPA, as amended May 1, 2024; and Department of Justice regulations implementing NEPA.

Background Since its establishment in 1930, the FBOP’s overarching responsibility has been to provide for the care of the population of federal adults in custody (AIC) while maintaining safe and secure facilities that ensure the well-being of AIC, employees, and the public at large. Today, the FBOP manages 122 institutions including all aspects of facility repairs and maintenance involving interior and exterior finishes, roofs, 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 in a correctional setting, which is continuously occupied by employees and AIC, is critically important to its operation and security. This is the case within the federal prison system where facilities and infrastructure require constant maintenance ranging from routine inspections and repairs to large-scale upgrades and replacements.

While the FBOP is continually working to effectively manage the AIC population and address its aging facilities and infrastructure, the challenges ahead are considerable. Of the FBOP’s 122 institutions, 62 were developed between 1890 and 1991, 55 institutions were developed between 1992 and 2007, with the remainder developed since 2008. Carrying out the FBOP’s mission and protecting society is growing more difficult due to the increasing number of old federal correctional facilities and the infrastructure that supports them, making maintaining and operating aging facilities and infrastructure no longer cost-effective or sustainable.

Purpose and Need for the Proposed Action In 2006, Congress directed the FBOP to initiate investigations leading to development of a new federal correctional facility in Letcher County, Kentucky (Congressional authorization: P.L. 109-272).

During the years that followed, the FBOP conducted a wide range of technical investigations and published multiple EISs addressing development of a high-security U.S. Penitentiary (USP) in Letcher County to comply with Congress’ directive. In the intervening period, the FBOP has determined that development of a new medium-security FCI is a higher priority than a new high-security USP as was originally conceived. As the Congressional directive remains in effect, and given the need for modern institutions and infrastructure, the FBOP is proposing to construct and operate a new FCI in Letcher County, Kentucky, to meet the immediate and long-term need to house medium-security AIC. The FCI would be designed to house approximately 1,152 medium-security AIC while the FPC would house 256 minimum-security AIC (total 1,408 AIC).

The Proposed Action would:

• Address FBOP’s administrative, operational, and security requirements; provide the spaces and resources needed to conduct treatment, counseling, and other programs that support the behavioral, mental health, and medical needs of the AIC population;

• Utilize the latest security technologies and operating and management approaches to keep AIC, employees, visitors, and the public safe and secure;

• Incorporate modern mechanical systems to reduce the risks of exposure to COVID-19 and other contagions;

• Apply advanced approaches, materials, and equipment that are sustainable and resilient against the hazards associated with climate change; and

• Optimize the cost of operation by applying innovative designs, quality construction, highly efficient systems, and facility maintenance programs to achieve and maintain peak performance standards.

Developing the proposed FCI/FPC will also demonstrate that the combination of modern facilities and contemporary best management practices can deliver better outcomes for the AIC population, improve public safety, and control operating costs.

Alternatives Considered Previous EISs conducted since 2015 analyzed the environmental consequences of the No Action Alternative and two Action Alternatives for acquiring land and constructing and operating a new USP, FPC, and associated ancillary facilities in Letcher County. The two Action Alternatives consisted of development on lands known as the Payne Gap Site located near Jenkins in eastern Letcher County, and on lands known as the Roxana Site located west of Whitesburg in western Letcher County. Studies conducted since 2016 identified development at the Roxana Site as the Preferred Alternative because it best met the project needs and would have fewer adverse impacts to the natural and built environments than developing at the Payne Gap Site.

In accordance with NEPA, alternatives that meet the purpose and need for the Proposed Action, avoid and (or) minimize impacts to the environment, and are technically and economically feasible have been considered in this FEIS. This includes a decision not to proceed with the Proposed Action (the No Action Alternative) and to proceed with the Proposed Action at the Roxana Site.

Implementation of the Proposed Action at the Roxana Site has been determined by the FBOP to be the Preferred Alternative as it best meets the project objectives, is technically feasible, would have fewer adverse natural resource and other environmental impacts, and incorporates measures to avoid or minimize environmental impacts to the extent practicable.

Consistent with the guidance provided in 40 CFR 1502.9, this FEIS addresses changes in the Proposed Action and new circumstances or information relevant to environmental conditions, concerns, and potential impacts. The FEIS also incorporates relevant previous technical studies included in the original DEIS and FEIS (2015), the Revised FEIS (2016), and the Revised Draft Supplemental FEIS and Final Supplemental Revised FEIS (2017) while building upon the analyses contained in those documents. This FEIS therefore, focuses its data gathering and analyses on new and current information about the Proposed Action, the Roxana Site, Letcher County, and the surrounding region as appropriate.

Preferred Alternative Relying upon the findings of multiple EISs, the FBOP has identified development of the proposed correctional facility at the Roxana Site as the Preferred Alternative. Reinforcing the Roxana Site as the Preferred Alternative is the consistent, continuous, and unwavering support expressed by Letcher County’s elected representatives, community leaders, members of local institutions and businesses, and residents to developing the proposed correctional facility at the Roxana Site. Given that there have also been no meaningful changes or alterations to environmental and physical features, ownership arrangements, or off-site conditions affecting the Payne Gap Site, information contained in the 2015 – 2017 studies continues to be relevant and is incorporated by reference.

Public Engagement The FBOP published a Notice of Intent to prepare a DEIS for the proposed FCI and FPC in Letcher County, Kentucky, in the Federal Register on September 28, 2022 (Volume 87, Number 187).

Coinciding with publication in the Federal Register, similar notices were also published in the Mountain Eagle and Letcher Community newspapers and again in advance of the public scoping meeting. Following publication of a Notice of Intent to Prepare a DEIS, the FBOP commenced the public scoping process to identify issues and possible alternatives for consideration in the DEIS. The FBOP held an in-person and virtual Public Scoping Meeting at the Letcher County Central High School in Whitesburg, Kentucky, on November 17, 2022.

Information regarding the scoping process and FBOP activities to engage the public in the scoping and NEPA process was documented within the DEIS. Throughout the scoping process federal agencies, Commonwealth, Tribal, and local governments, agencies, and the public were encouraged to assist the FBOP to identify significant resources and issues, impact-producing factors, reasonable alternatives, and potential mitigation measures for analysis in the DEIS, as well as to provide additional information that would be meaningful to the analysis and decision-making process. Materials used during the scoping process and a summary of public comments and input submitted for consideration by the FBOP were incorporated within the DEIS, Appendix A, and made available on the project website: https://www.proposed-fci-letchercountyky.com.

Upon completion of the DEIS, and in accordance with NEPA, the FBOP published a Notice of Availability (NOA) of the DEIS for development of a new FCI/FPC in Letcher County, Kentucky, in the Federal Register on March 1, 2024 (Volume 8, Number 42), and initiating a 45-day public comment period. Coinciding with publication of the NOA of the DEIS, notices were published in editions of the Mountain Eagle and the Letcher County Community News-Press newspapers. The notices invited federal, Tribal, Commonwealth, county, and local agencies, officials, organizations, and the public to participate in the DEIS review process and included information as to how to access the DEIS via the project website along with the date, time and means to participate during the in-person and virtual Public Meeting held at Letcher County Central High School in Whitesburg, Kentucky, on March 28, 2024. FBOP officials presided at the Public Meeting with over 200 citizens and officials attending (in person and virtually). Members of the media were also present, and the meeting was reported in newspapers with local and regional circulations. Materials used during the Public Meeting have been posted to the project website.

The Federal Register notice, Draft EIS project summary document, and a copy of the Draft EIS (without appendices due to file size limitations), were posted and readily accessible to all federal Adults in Custody (AIC) on the TRULINCS Bulletin Board on March 1, 2024. Additionally, in accordance with FBOP Program Statement 1315.07, “Legal Activities, Inmate” (August 1, 2023), the Federal Register notice and Draft EIS project summary document were provided to all FBOP Supervisors of Education for posting in every federal correctional facility’s law library on March 1, 2024.

Summary of Potential Impacts The new DEIS identified, described, and analyzed the potential effects of the Preferred Alternative and the No Action Alternative on the environment that are reasonably foreseeable and have a relationship to the Proposed Action. This includes effects that occur at the same time and place as the Proposed Action and effects caused by the Proposed Action that occur at a later time or in a different place. Resources potentially impacted (whether beneficial or adverse) during construction and operation are described and include topography, geology, and soils; air quality;

noise; cultural resources; water resources; biological resources and threatened and endangered species; demographics, employment, housing; environmental justice; fiscal considerations; visual and aesthetic resources; hazardous materials, land use; community services; utility services; and traffic.

The DEIS also included descriptions of measures to avoid, minimize, or mitigate identified adverse impacts.

With the Proposed Action having the potential to significantly affect the quality of the human environment, the FBOP complied with NEPA by preparing a new DEIS to ensure that the environmental consequences of such an action are adequately taken into account. This includes ensuring that the potential environmental impacts associated with the Proposed Action are minimized and documented and that required permits are obtained. This includes following all applicable environmental statutes including but not limited to: Clean Air Act of 1974; Clean Water Act and Amendments and 401 authorizations and 404 permits; stormwater and National Pollutant Discharge Elimination System permits; consultations under Section 7 of the Endangered Species Act of 1973; the Farmland Protection Policy Act of 1981, among other laws, regulations and Executive Orders. The NEPA process is also being used to support compliance with applicable procedural requirements under Section 106 of the National Historic Preservation Act (NHPA) of 1966 (54 U.S.C.

306108) as provided in 36 CFR 800.3(b)(3) and has conducted government-to-government Tribal consultations consistent with Executive Order 13175, Presidential priorities, and Department of Justice policies.

To address challenges resulting from climate change, agencies of the federal government, including the FBOP, are mandated to increase the use of electric powered vehicles in its operations. Therefore, plans for the proposed FCI/FPC will include installation of infrastructure necessary to allow use of government electric vehicles while providing for future use of employee and visitor electric powered vehicles. The project design will also aim to reduce the impact of construction by pursuing the sustainable green building certification program Leadership in Energy and Environmental Design.

Public Comments and Responses During the public comment period, which extended from March 1, 2024, to April 15, 2024, individuals, agencies, organizations, and others submitted written comments concerning the DEIS and the Proposed Action. Comments submitted via email, the U.S. Postal Service, the project website, and on Comment Forms accepted during the Public Meeting, underwent a thorough review with responses to comments incorporated within the FEIS which, along with additional information about the Proposed Action, is available on the project website.

Next Steps Federal agencies, Tribal, Commonwealth, and local governments, interested parties, and the public are invited to comment on the FEIS and the Proposed Action, which will be the subject of a 30-day comment period beginning July 12, 2024, and ending August 12, 2024. Written comments concerning the FEIS and the Proposed Action can be submitted in the following ways:

• Delivered by mail or delivery service, enclosed in an envelope addressed to Kimberly S. Hudson, Chief, Construction and Environmental Review Section, Facilities Management Branch, Federal Bureau of Prisons, 320 First Street, NW, Room 901-5 West, Washington, D.C. 20534; or

• By email to kshudson@bop.gov; or

• Via the Inquiries tab on the project website: https://www.proposed-fci-letchercountyky.com.

Following the end of the review period, the FBOP will consider the comments received concerning the FEIS and Proposed Action. A decision on whether to proceed with the Proposed Action based on the Preferred Alternative would be made following the end of the FEIS review period.

That decision will take into account all environmental analyses and public comments and will be documented by a Record of Decision issued by the Director of the FBOP, pursuant to the requirements of the NEPA and U.S. Department of Justice regulations.

1.0 INTRODUCTION

1.0 INTRODUCTION

This document, together with its appendices and incorporations by reference, constitutes a Final Environmental Impact Statement (FEIS) prepared pursuant to Section 102(2)(C) of the National Environmental Policy Act (NEPA) of 1969, as amended. NEPA provides that all agencies of the Federal government shall prepare a detailed statement on major Federal actions significantly affecting the quality of the human environment. The FEIS follows the Council on Environmental Quality ”Regulations for Implementing NEPA” (40 Code of Federal Regulations [CFR] Part 1500- 1508). Its purpose is to present an assessment of the environmental consequences of a proposed action by the Federal Bureau of Prisons (FBOP), to construct and operate a new medium-security Federal Correctional Institution (FCI) and minimum-security Federal Prison Camp (FPC) in Letcher County, Kentucky.

The FEIS, the assessment it presents, and the procedures by which the environmental investigations are conducted and incorporated in decision-making are parts of a process established by NEPA to ensure that the environmental consequences of federal projects and actions are adequately taken into account. The process is designed to ensure that public officials make decisions based on a full understanding of the environmental impacts of proposed actions and take all appropriate steps to “protect, restore and enhance the environment.”

1.1 Background

In 1930, pursuant to Pub. L. No. 71-218, 46 Stat. 325 (May 14,1930), Congress established the FBOP within the Department of Justice and charged the agency with the “management and regulation of all Federal penal and correctional institutions.” The federal prison system had already existed for nearly 40 years under the Three Prisons Act (1891), which authorized the first three federal penitentiaries: United States Penitentiary (USP) Leavenworth, Kansas; USP Atlanta, Georgia; and USP McNeil Island, Washington, and by 1930 the number of federal prisons had increased to 11. Wardens functioned autonomously for the most part with limited oversight by the Department of Justice.

By establishing the FBOP, the agency assumed responsibility for providing progressive and humane care for the federal population of adults in custody (AIC), to professionalize the prison service, and to ensure consistent and centralized oversight, management, and administration of the 11 federal prisons in operation at the time. Today, the FBOP’s mission is to foster a humane and secure environment and ensure public safety by preparing individuals for successful reentry into their communities.

1.2 Security Levels

To appropriately house the broad spectrum of offenders the FBOP operates institutions of varying security levels. The level of security of an institution is based on such features as the presence of external patrols, security barriers, or detection devices; the type of housing within the institution;

internal security features; and the employee-to-AIC ratio. Federal AIC are housed in facilities that are rated as minimum-security, low-security, medium-security, high-security, and administrative, as

Federal Bureau of Prisons Headquarters, Washington, D.C.

described below:

• Minimum-Security. Minimum-security institutions, also known as Federal Prison Camps (FPC) and satellite work camps, are characterized by dormitory-style housing, a high AIC-to-employee ratio, and the absence of security fences. These institutions are work-and program-oriented, and many are located adjacent to other federal correctional institutions or on military installations where AICs help provide the labor needs of the institution or base by performing routine maintenance tasks.

• Low-Security. Low-security Federal Correctional Institutions (FCIs) have double-fenced perimeters, mostly dormitory-style housing, and work and program components. The AIC-to-employee ratio in low-security institutions is higher than in minimum-security facilities.

• Medium-Security. Medium-security FCIs have strengthened perimeters (often double-fences with electronic detection systems), cell-type housing, a wide variety of work and treatment programs, and an even more stringent AIC-to-employee ratio than low-security institutions, providing even greater controls.

• High-Security. High-security institutions, also known as United States Penitentiaries (USP), have highly secure perimeters (either walled or double-fenced with a taut wire fence), multiple and single occupant cell housing, guard towers and/or non-lethal/lethal fences, and close employee supervision and movement controls.

• Administrative. Institutions that house offenders who require an uncommon level of security due to their serious records of institutional misconduct, involvement in violent or escape-related behavior, and/or who have unusual security needs based on the nature of their offense’s. These facilities have highly secure perimeters consisting of walled or double fenced enclosures with guard towers and/or non-lethal/lethal fences, and close employee supervision and movement controls.

The FBOP uses a classification system to appropriately house individuals of varying security levels.

FPCs have generally the least restrictive environment and house AIC at the lowest security level, usually those serving short sentences or nearing the completion of longer sentences begun elsewhere. Low- and medium-security FCIs present increasingly more restrictive environments while USPs provide high-security and very restrictive environments. Administrative maximum facilities provide the highest level of security and the most restrictive conditions within the federal prison system.

The classification system has proven effective by enabling the FBOP to separate violent offenders from the rest of the AIC population, keep the AIC population in better balance, decrease the number of AIC transfers, and make better use of available resources, while confining individuals in the appropriately secure environment.

1.3 The Need for Modern Federal Correctional Facilities and

Infrastructure Since its establishment, the FBOP’s overarching responsibility has been to provide for the care of the federal AIC population while maintaining safe and secure facilities that ensure the well-being of AIC, employees, and the public at large. In doing so, the FBOP manages over 120 institutions comprising 66 million square feet of space on 46,000 acres of land including all aspects of facility repairs and maintenance. This involves interior and exterior finishes, roofs, 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 in a correctional setting, which is continuously occupied by employees and AIC, is critically important to its operation and security. This is the case with the federal prison system where facilities and infrastructure require continuous maintenance ranging from routine inspections and repairs to large-scale upgrades and replacements.

While the FBOP is continually working to effectively manage the AIC population and address

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its aging facilities and infrastructure, the challenges ahead are considerable. Of the FBOP’s 122 institutions, 62 were developed between 1890 and 1991, 55 institutions were developed between 1992 and 2007, with the remainder developed since 2008.

Protecting society with facilities that are safe, humane, cost-efficient, and appropriately secure is growing more challenging by the increasing number of old federal correctional facilities and the aging infrastructure that supports them as documented in recent Department of Justice Office of the Inspector General’s reports (www.oig.justice.gov). Therefore, Congress has directed the FBOP to construct a new correctional institution in Letcher County, Kentucky as maintaining and operating aging facilities and obsolete designs are no longer cost-effective or sustainable.

1.4 Purpose and Need for the Proposed Action

In 2006, Congress directed the FBOP to initiate various investigations for development of a new high-security USP in Letcher County, Kentucky. Soon thereafter, FBOP representatives visited Letcher County to gather information and inspect properties identified by county officials for possible correctional facility development. During the years that followed, the FBOP conducted a variety of technical investigations and feasibility studies in support of USP development in Letcher County and to comply with Congress’ directive.

In the intervening period, the FBOP has determined that development of a new medium-security FCI to meet the needs of the Mid-Atlantic Region is a higher priority than a new high-security USP as was originally conceived. As the Congressional directive remains in effect, and given the need for modern institutions and infrastructure, the FBOP is proposing to construct and operate a new medium-security FCI in Letcher County, Kentucky. The FCI would be designed to house approximately 1,152 male AIC.

The proposed development includes a minimum-security FPC to house 256 male AIC. Camp AIC play an important function in augmenting FBOP employees in carrying out routine maintenance activities necessary for the proper functioning of the overall institution.

1.4.1 Project Location

Letcher County, with a land area of approximately 339 square miles, is located in southeastern Kentucky in the eastern coal field region of the state, an area stretching from the Appalachian Mountains westward across the Cumberland Plateau to the Pottsville Escarpment (Exhibit 1-1). Bordering counties include Pike to the northeast, Knott to the northwest, Perry to the southwest, Harlan to the south, and Wise County, Virginia, to the southeast. Cities in Letcher County include Whitesburg (the County Seat), Blackey, Jenkins, and Fleming-Neon; towns include Seco, McRoberts, Roxana, and Isom.

1.4.2 Core Ideologies

The FBOP’s Core Ideologies commit it to providing:

• A safe environment for both employees and AIC.

• Secure institutions to confine offenders and protect the public.

• Skill building programs it can afford, to offer AIC the opportunity to live crime-free lives.

• Service and stewardship to the public and a continued tradition of excellence.

Exhibit 1-1 Letcher County, Kentucky

• Employees who are ethical, professional, well-trained, and diverse.

Those Core Ideologies are encompassed in the FBOP’s goals for the proposed project:

• Meet the immediate and long-term need to house medium-security AIC in the Mid-Atlantic Region.

• Meet the FBOP’s administrative, operational, and security requirements.

• Provide the spaces and resources needed to conduct treatment, counseling, and other programs that support the behavioral, mental health, and medical needs of the federal AIC population.

• Utilize the latest security technologies and operating and management approaches to keep AIC, employees, visitors, and the public safe and secure.

• Incorporate modern mechanical systems to reduce exposure to COVID-19 and other contagions and the risks faced by AIC and employees.

• Optimize the cost of operation by applying modern and innovative design, quality construction, modern mechanical, electrical, and plumbing systems, and facility maintenance programs to achieve and maintain peak performance standards.

• Attract and retain correctional officers and other operating employees by elevating the quality of the work environment.

• Apply advanced building design approaches and construction materials that are sustainable and resilient.

Developing the proposed FCI/FPC will demonstrate that the combination of modern facilities and contemporary best management practices can deliver better outcomes for AIC, improve public safety, and control operating costs.

1.5 Institution Policies, Procedures and Physical Measures

Internal security policies and procedures require all AIC to be formally counted and physically identified several times each day. FBOP employees would verify the location of each AIC throughout the workday and would also perform census counts for AIC accountability. AIC are also observed, monitored, and may be recorded via strategically placed video cameras in addition to recording AIC telephone conversations. AIC quarters would be supervised 24 hours a day and would be checked often for contraband material. An intensive urinalysis program, involving both specific and random sampling, would be carried out to detect and deter drug or alcohol use by AIC. The interior spatial arrangements of the FCI would provide internal control while permitting relatively free movement within the secure perimeter of the institution. Individual rooms in all housing units would have locking devices that enable employees in the unit to provide necessary controls when required.

The FBOP relies on its own employees to ensure the overall security of its institutions. It is also the responsibility of the United States Marshals Service and the Federal Bureau of Investigation to assist the FBOP, if necessary, in the event that an AIC is reported missing. State and local law enforcement agencies would also be advised of the situation and would assist the FBOP as necessary with local media contacted as a means to inform the public. Law enforcement personnel would also be responsible for removing any person involved in violating a federal law, such as trespassing, damaging federal property or possessing contraband on the FBOP’s property.

The proposed FCI will incorporate stringent perimeter security systems, while other components, including the FPC, warehouses, employee training facility, and utility plant are generally unfenced.

Perimeter security at the FCI would be provided by two parallel 12-foot-high chain-link fences with coils of barbed tape mounted on the fences and placed within the 20-foot-wide space between the two fences. FBOP employees in vehicles would also patrol the perimeter of the FCI and respond to automatic alarms received from the electronic detection system. Employee and visitor traffic, along with service and delivery vehicles traveling to the facility, would be separated from patrol traffic operating along the perimeter road surrounding the FCI. There is no plan to install fencing around

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Housing units within the FCI would consist of two to four-level structures that also contain activity spaces for AIC and office spaces for employees assigned to work in the units. Each housing unit would contain a centrally located multi-purpose space devoted to activities such as watching television, playing table games and attending group meetings. Small activity rooms would also be provided for quiet activities such as reading and would be used for group and individual counseling sessions. Different from the FCI, dormitory-style housing is provided for AIC at the FPC.

The FBOP employs a decentralized method for managing its institutions with employees assigned to work in the housing units where the AIC live. Offices for correctional officers, unit managers, case managers, counselors, and administrative assistants are also located in the housing areas. Other employees, such as psychologists, teachers, and chaplains, would periodically visit housing units to meet with AIC and unit employees. This system permits greater contact, communication, and interaction between employees and AIC, however, the first consideration for all FBOP employees, regardless of position, is security and supervision of AIC.

1.5.1 Work and Training Programs

Federal AIC spend an initial four weeks in orientation where their needs, requirements, and interests are identified and where they learn about program and work opportunities. After orientation, AIC receive program and work assignments which are periodically reviewed and changed, if necessary, through unit team consultation.

All AIC have opportunities to participate in self-improvement programs including education, vocational training, religious instruction, and counseling. Program opportunities may include formal education from adult basic education through post-secondary courses, vocational training, social education programs to enhance self-confidence, library services including a law library, athletic and recreation programs, group and individual counseling, chaplaincy services, and AIC organizations.

The literacy standard for AIC in federal correctional institutions is a high school diploma or its equivalent with promotions in prison industries and institutional assignments to jobs above the entry level contingent on meeting General Education Development literacy standards.

Medically able AIC are required to work at productive jobs within the institution. Work assignments reduce idleness and tension and create a more easily managed environment. Institution work assignments may be in food service, the business office, carpentry and electrical maintenance, or any other work necessary for the upkeep and operation of the facility. Efforts are also made to place individuals in job assignments where they can use previously acquired skills or receive on-the-job training in an employable skill.

Many FBOP institutions include an industry operated by Federal Prison Industries, Inc. (trade name UNICOR) as a way for AIC to learn skills in a vocation that promotes their rehabilitation and return to society, reduce recidivism, and provide former AIC the means to support themselves in post-institutional life. Created in 1934, UNICOR provides job training and work opportunities to AIC through the production of quality goods and services in multiple business segments where job skills can be developed, and good work habits acquired.

UNICOR supplies products and services strictly for federal use and typically involve labor-intensive tasks such as assembly and utilize materials available locally. In planning a prison industry, the FBOP first evaluates the availability of local resources and determines the current and future demand for products and services from among federal agencies. Among the products provided through UNICOR are apparel and accessories, awards and plaques, hygiene products, electronics and components, eyewear and optics, facilities and correctional management, food and food service, industrial storage, office furniture, lounge seating and accessories, printed paper products, screen print and embroidery, and signage. The mix and volume of products produced at UNICOR facilities are subject to market conditions and are adjusted as conditions warrant. Because the customers for UNICOR products are branches of the federal government, the products much comply with federal regulations. Products are chamber tested for off-gassing, water-based finishes and adhesives are used, and packing materials are made from recycled materials to the extent possible.

At this time there are no plans to include a prison industry at the proposed FCI and structures and equipment to support a UNICOR operation would not be constructed although development of an industry could occur if the opportunity arises in the future. (Information about Federal Prison Industries can be found at www.unicor.gov.)

The FBOP recognizes involvement of volunteers from the community is vital to both AIC and employees and encourages their use in all facilities. Volunteers provide an array of services from one-on-one intensive mentoring and structured program service delivery to transition support in the institutions. Community involvement in AIC programs within the facility is also encouraged and supported with local civic and special emphasis groups often forming chapters within FBOP facilities.

1.5.2 First Step Act Programming

In addition to the work, training, and other educational opportunities that are offered by the FBOP, the First Step Act (FSA) has provided additional impetus on providing programs that will help AIC succeed in their communities upon release.